Paid for Special Next Day delivery but didn't get item?

Moglex

soolin wrote: »

The important word here is 'delivery' it says nothing about nect day despatch so the statement is not misleading at all.

You are quite correct, soolin.

The statement is NOT misleading at all.

The seller promised next day delivery and that is exactly what the buyer is entitled to get.

What the seller says about dispatch is irrelevant. It's the delivery that was specified as next day and if they want to honour the specification they gave then that is what the buyer is entitled to.

The statement is not misleading but the seller has failed to provide the advertised service.

Moglex

sham63 wrote: »

From the sellers perspective;

I've got an item listed ending this Saturday evening. I'm charging for postage as Special Delivery (next day).

With the bank holiday I won't be able to post until Tuesday so the earliest the winning bidder will get it will be Wednesday.

Is my listing therefore misleading?

Probably not.

If you had just said 'Next day delivery' then it would have been because you would have been specifying when the item would be delivered. If you specify it the way you do then you are merely telling them which service you are using.

Having said that, anyone who explicitly states "Special Delivery (next day)" and then does not post it on the next available posting day is offering a very poor service and probably deserves a neg.

I've no doubt the sellers here will disagree violently.

appleblossom

so is Sham63 failing to provide his advertised service as his auction ends on saturday night and it won't be delivered until weds? Sorry, I disagree, it's the postal method that is advertised,the seller has 7 days to post it and unless s/he fails to post it by SD, then s/he is not in the wrong and they have not failed to provide the service. If when s/he posts it they only post it standard parcels, then yes they are. I don't think it is fair to assume that the seller is going to be rushing to the post office first thing as soon as it has been paid as not everyone is in a position to do this. (no offence to OP, I understand you are disappointed)

neilwoods

What if the buyer bought at 8pm, there is no way he would get it next day.

Just because a Guaranteed next delivery option is given, that does not mean you will get it the next day. Just that the buyer will recieve the item the very next day after it has been posted.

Plus as allready stated, it is more insurance purposes than delivery time.

Also OP, do agree it isnt very clear about 7 days. But ebay are like that, trying to find relevant info on there site is a nightmare.

Moglex

julieblake wrote: »

so is Sham63 failing to provide his advertised service as his auction ends on saturday night and it won't be delivered until weds? Sorry, I disagree, it's the postal method that is advertised,the seller has 7 days to post it and unless s/he fails to post it by SD, then s/he is not in the wrong and they have not failed to provide the service.

If the seller is stupid enough to specify 'next day delivery' without any qualification, then they are at fault if they do not deliver the next day.

Of course, 99.9% of people understand that 'next day delivery' means the next working day after the first working day after (or including if early enough). i.e. the next possible working day.

I do not believe that sellers can rely on ebays t&c's if they actually specify when the item will be delivered.

It's all pretty academic really, because if sellers are dishonest enough to specify next day delivery and rely on t&c's to then tell the purchaser that what they said means nothing - they'll send it any time within 7 days and the buyer can lump it, they will get negged and they will thoroughly deserve it.

zebidee1

sham63 wrote: »

From the sellers perspective;

I've got an item listed ending this Saturday evening. I'm charging for postage as Special Delivery (next day).

With the bank holiday I won't be able to post until Tuesday so the earliest the winning bidder will get it will be Wednesday.

Is my listing therefore misleading?

No of course not. I would think the average Joe would base his expectations on realism and would understand that the first possible time the item could be posted would be Tuesday with delivery on Wednesday.

Can I just say that I think a lot of you are going into the technically correct ins and outs of this a little too much? A lot of us casual buyers will not know the ins and outs and only know what they see on the page in front of them.

I have accepted (with your replies - thank you) that in practice, Next Day delivery does not necessarily mean what I thought it did.

So I was wrong and I'm happy to be more informed now.

However, if a seller does not actually say when the item will be dispatched, surely it's understandable for someone to assume that Special Delivery means the item would be sent on the first available working day and received the day after?

I've just done a poll around the office here, lol. Only one (who is an eBayer) said what most of you have said, everyone else said they would have thought the same as me.

Now if that's just one office with 11 people and only one person was correct, then I think there must be loads of people out there who also have false expectations?

Surely that's a good enough reason to make things crystal clear on auction pages?

Anyway my item has just arrived and I've just emailed the seller to let her know and to thank her.

Moglex

zebidee1 wrote: »

However, if a seller does not actually say when the item will be dispatched, surely it's understandable for someone to assume that Special Delivery means the item would be sent on the first available working day and received the day after?

I've just done a poll around the office here, lol. Only one (who is an eBayer) said what most of you have said, everyone else said they would have thought the same as me.

Now if that's just one office with 11 people and only one person was correct, then I think there must be loads of people out there who also have false expectations?

Don't forget that most of the people who spend a lot of time here are sellers, so you do tend to get responses from the seller's perspective.

I find it rather sad that so many people are perfectly happy that a seller can quite clearly say one thing in the listing and then rely on some burried t&c's to worm their way out of doing what they said they would do.

I consider that to be unethical, but I guess I'm a bit old-fashioned and value honesty.

Anyway my item has just arrived and I've just emailed the seller to let her know and to thank her.

Glad it's all worked out OK

mishkanorman

so when was it actually posted ?

Sellers posting when they please is no different to buyers paying when they please, you would expect that once an auctuion has ended people pay (especially on BIN ) but many leave it a day or two.

There is no way you could cover every eventuality with eBay, even if you asked everyone you knew, you will always find people that have a different view. All you can do is count to ten then come here for a moan


mishka

noff

I have a problem with a special dleivery myself, I paid the extra £3 on a purchase of £58 to get special delivery. The item didn't turn up although the sender did say they send it, however after asking for the reference number so that I can chase it up they refused to reply. I am absolutey furious about this and have logged a complaint with ebay. However I paid by cheque and sent the cheque to the senders address and it was cashed.

My question is where do I stand legally, i have paid for something which is traceable because of the special delivery method of delivery. if the item has not been sent then the seller has acted fraudulantly and therefore obtained money by deception. Surely this would be a criminal offence. I know it's only £61 but what if it was more!

I genuinely want to take this matter further, could I feasibly report him to the police for theft!!!!

Alternativley could I take him to the small claims court?

I actually don't really mind if the whole thing costs me more than £61 to sort out as long as the seller does not keep my money!!

Any advice/experiences would be greatly appreciated.

smartie1976

Well before you do anything you open a dispute.
it is up to the seller to prove delivery - which they cannot.