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help with buying from america ebay

Hi i was wondering if any one knew were i stand with this

my mrs bought me an iphone from ebay but from someone in the usa ( it was buy it now) but i got a post card threw the door saying i had to pay an extra £60 import fee ( or tax something like that) and if i never they would return to sender, the long and short of it was i could not afford the £60 and i contacted the seller who agreed to let it be returned to him and i would get a refund minus the shipping, after 2 weeks he told me to open a case with ebay which i did and i explained to them what happened, he won the case and they said he doesn't have to give me a refund, but he told me i would get one once the phone got back to him, now he has not been in contact with me for over a week and i have no phone or no moneys :(

i don't no how it works with usa but i thought if it was buy it now i was legally able to send it back due to the long distance selling regulations and i also payed threw paypal with a credit card for extra protection,

should i get the credit card to reimburse me and chase paypal up them self ?
.
If you want to get with me there's some things you got to know,
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.

Comments

  • techspec
    techspec Posts: 4,464 Forumite
    I would have thought the distance selling regs only applied if bought in the UK.

    I would try the credit card company - item not recieved and see what they say. Not sure if they only cover UK purchases aswell though - hopefully someone can clarlfy.

    Did you file an item not received in ebay?
  • It pays to be wary of buying from overseas as you are always liable for VAT and import tax, it's just that you aren't always caught for it.

    Royal mail doesn't return parcels for 18 days, so the seller may not have got the phone back as yet, he may still refund you.

    Have you filed an item not received with Paypal?
    "Sealed Pot challenge" member No. 138

    2012 £ 3147.74 2013 £1437.532014 £ 2356.52
  • forgotmyname
    forgotmyname Posts: 32,975 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When i have seen items im looking at from US sellers the postage is HUGE.

    I can usually get the items from china for much less and free postage and i know chinese sellers will put pennies down for the value so no charges.
    Bit naughty of them but who am i to complain.

    Distance selling wont apply. Chargeback may not go your way either as the seller won dispute, Could the seller say you failed to accept delivery and they are waiting for the postage costs so they can send it back?

    Do your homework 1st.
    Censorship Reigns Supreme in Troll City...

  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It pays to be wary of buying from overseas as you are always liable for VAT and import tax, it's just that you aren't always caught for it.

    Royal mail doesn't return parcels for 18 days, so the seller may not have got the phone back as yet, he may still refund you.

    Have you filed an item not received with Paypal?

    3 weeks for a customs charge
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DSR don't apply to your purchase from the USA.

    If you have had one dispute for INR you cannot have another INR.

    Most credit card companies deem payments by PayPal as being outside their protection.

    When you buy outside the EU, then YOU are liable for any taxes due. Being ignorant to this is no excuse.

    You can try to appeal your case if it was INR and if it wasn't too long ago. You could try your credit card provider and you could keep trying the seller.

    None are guaranteed.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    safest thing to do IMO
    find the £60 and pay the fee if the phone is still in the country
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Thing is, eBay are a bit strict about customs charges - they are the one thing they do accept as the buyer's responsibility. Any discounts you get on items from the US are cancelled out by this sort of thing.

    You need to do as Custardy says - find the £60 and pay the fee.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • I've bought stuff from America and Japan and even after customs charges and delivery the item's still been cheaper than this country. Anyone who's buying outside the EU should be aware they'll face high charges. It's up to the buyer/bidder to decide whether it's cost effective to go ahead with the transaction, preferably before they bid. The declaration made by the seller should also be accurate, as it is considered by HMRC to be the importers (buyer's) responsibility, and the item if incorrectly described could be seized or returned to the seller.
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    edited 10 August 2012 at 10:48AM
    eBay's rule is, if they warn about customs charges on international orders up front, any negs left in situations like this will be removed.

    It is the only definite pronouncement eBay have really made on neg removal. They usually hedge their bets and don't declare their criteria, probably because they don't want people to go close to the rules without breaking them (a hazard of any set formula) and also because they want to use their discretion to remove something that may not be rule-breaking but still against the spirit of the rules.

    I do feel sorry for the OP - like with putting a return address on post, it is not something that is blindingly obvious unless you have a little bit of experience. Education, not censure, is needed (I know there is a tips thread around. Is this on it?). But I don't think, sadly, that eBay will uphold an appeal, though it might be a thing just to try.

    Otherwise --- if you can find money for a new phone, you can find another sixty quid for the customs charges. Good luck, OP - I hope you get this sorted ASAP.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
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