Item not received - what do I do?

mummy_dumpling

I have already contacted the sorting office and they have (grudgingly) checked for the missing parcel with no luck

My seller is refusing to issue me a refund. The only thing they are offering is to help me to get a refund using their proof of postage.

Is there somewhere on ebay that states it is the sellers responsibility to issue a refund in the case of the item going missing? I have tried searching with no luck. I know it is mentioned plenty of times on this board.

Should I just go with this chargeback thing on paypal? (if I can work out how to do it) Will they find in my favour if its an unreceived parcel?

thank you for being patient with me

rose_sparky

I don't think it is officially the sellers responsibility to issue a refund for a missing parcel but most genuine sellers will do this and then put in the claim themselves.

I've done this on more than one occassion but I am loathe to state this in my listings in case of unscrupulous buyers.

Moglex

rose_sparky wrote:

I don't think it is officially the sellers responsibility to issue a refund for a missing parcel but most genuine sellers will do this and then put in the claim themselves.

That's the first time I've seen that view expressed here!

It's odd because everyone says with great authority and certainty that it's the seller's responsibility to make sure the item gets there and yet many many years ago, in one of those "what do you think" things the papers used to run, they said that in English law if someone posted something and it didn't turn up then it was the intended recipient who bore the loss.

Is it ebay rules that the seller is responsible?

Is that reflected in English law?

rose_sparky

But if I bought something from say Argos and it didn't turn up, I don't think Argos would say tough luck, do you?

If this was the case I don't think many people would buy over the net.

mummy_dumpling

my seller has decided to issue me with a refund though they still insist that buyers are not liable for post if not insured (I don't think they were very happy as their response was all in capitals :rolleyes: )

thanks to everyone who offered advice

Moglex

rose_sparky wrote:

But if I bought something from say Argos and it didn't turn up, I don't think Argos would say tough luck, do you?

If this was the case I don't think many people would buy over the net.

I agree, but you said: "I don't think it is officially the sellers responsibility to issue a refund for a missing parcel", which was what I had thought was the case for very many years until I came here and everyone seems absolutely certain that it is the seller's responsibility.

Yours was the first dissenting voice from that opinion.

It may be that ebay's rules are at odds with the law in which case it's misleading to say it's the seller's responsibility as ultimately it isn't.

soolin

I'm not sure about law and such like, but if someone buys something and does not receive that item then I would have thought it was against at least common law for the seller to say hard luck. If anyone went to court for non receipt of goods I can't imagine the magistrates would suggest that it is the buyers problem to make sure the seller has arrangements in place to guarantee delivery or at least insure themselves against the possibility of loss.

Since both paypal and the credit card companies allow buyers to claim back their money if goods don't arrive it would seem to me that they must believe somehow that they are liable?

Also ebay themselves allow a buyer to claim back costs where an item isn't delivered, but the claim does cost £15, so they also seem to take the view that they consider the seller liable to guarantee delivery or a refund.

My view is no doubt naive, but whilst there are any sellers still out there who believe that they have no responsibility for lost items I will continue to stress to people that they should always pay via paypal backed by a credit card for the additional safety it gives them.

Soo

Moglex

soolin wrote:

I'm not sure about law and such like, but if someone buys something and does not receive that item then I would have thought it was against at least common law for the seller to say hard luck. If anyone went to court for non receipt of goods I can't imagine the magistrates would suggest that it is the buyers problem to make sure the seller has arrangements in place to guarantee delivery or at least insure themselves against the possibility of loss.

A case like that would not go to a magistrate's court. Magistrates do not deal with that sort of case.

Since both paypal and the credit card companies allow buyers to claim back their money if goods don't arrive it would seem to me that they must believe somehow that they are liable?

They can make their own rules which people using their services will have to agree to abide by. That would not change the law, though.

You may be able to claim via pp or your credit card but that wouldn't mean that you would win a case if you brought a claim where you had paid by cheque. Of course, that assumes that the law has not been changed since the article where I saw it stated. It was probably over thirty years ago.

My view is no doubt naive, but whilst there are any sellers still out there who believe that they have no responsibility for lost items I will continue to stress to people that they should always pay via paypal backed by a credit card for the additional safety it gives them.

I think that's very wise advice.

rose_sparky

I know nothing about the law, but I refund for lost/damaged items because I'm all heart.

Googlies_2

Sale of Goods Act 1979
(as amended by Sale and Supply of Goods to Consumer Regulations 2002)

20(4) In a case where the buyer deals as consumer or, in Scotland, where
there is a consumer contract in which the buyer is a consumer, goods remain at the seller's risk until they are delivered to the consumer.

(If the seller offers insurance and the buyer does not purchase the insurance, it is still the sellers responsibility.)