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buyers rights on ebay when item does not arrive?

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Hi all - a quick question. I purchased an item (buy it now) from an Australian ebay seller on 15 November. It hasn't arrived and from experience (family in Australia post to me regularly) it now won't turn up, unless she's sent it seamail.

I've asked for a full refund but she's only prepared to offer a partial refund, which does not cover the full cost of the item, and none of the postage costs. Should I accept this or am I entitled to a full refund? The seller is saying that she states in her personal T&C's that she's not responsible for the item not arriving once it's left her hands - but doesn't she have a contract with me to fulfil or refund? Unsure due to the added complication of purchase outside the EU.

I did ask for the option of a replacement at some stage (new, branded item) but she didn't respond to that query - assume she doesn't have any left.

Thanks, any assistance gratefully appreciated.

Comments

  • The item is the responsibility of the seller until the buyer takes ownership.

    Although I've no idea if that's the same in Australia. Although if you raised it through eBay and they couldn't prove it has been delivered, eBay will probably give a full refund.
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    Why not open a dispute with Ebay?
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    Open a dispute in paypal (not ebay as paypal is quicker). Don't let them redirect you to ebay dispute. When they can't prove delivery you will be refunded.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • Thanks very much - I have opened a dispute with ebay but will also do this via paypal. Even though I have done this, she's still disputing she's not responsible, of course!
  • Gleeful
    Gleeful Posts: 1,979 Forumite
    Don't open one in Paypal too, you cannot have two disputes open at the same time and they may close both!
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Not another dodgy Uggs seller issue is it!
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can't be, everyone knows there is no such thing as fake uggs in Australia, it just a type of boot to them that can't be copyrighted.
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