Buyer's P&P terms in listing - can they say this?

iclayt

Just browsing a few listings on ebay and found the following in big red letters at the bottom of a listing:

Proof of postage is always kept so I cannot be held responsible for any lost or damaged item while on their travels to you.

Please do let me know of any lost or damaged items so I can forward on the receipt to you.

I'm not going to buy from them, but for arguments sake, say I bought something from them and it never reached me, could they actually stand by their "not my problem" policy and leave me to sort it out with RM? I didn't think sellers were allowed to do this.... but I don't use eBay as much these days and I can't keep up with the rules...

oldone_2

You are right to steer clear of this seller. The rules (and law) are quite simple.
The seller is responsible for getting the item you paid for to you. If it is lost or damaged, it is still their responsibility as it is they who paid for the courier/mail service not the buyer.

You will find that if you open a case in e-bay for item not received, the seller would have to show that it was delivered to you.If not, they have to refund.

iclayt

Thanks oldone, that sounds about right to me, I think that was my general understanding of how things should go. It's not a business seller just someone having a clear out around the house I think, judging by their other items for sale, but it's really bugged me and I wish I could correct her!

mrcol1000

I have either seen that sellers listing or other sellers still use the same line. Its tempting to buy an item and claim its not arrived just to show them what happens.

RFW

iclayt wrote: »

Just browsing a few listings on ebay and found the following in big red letters at the bottom of a listing:

Proof of postage is always kept so I cannot be held responsible for any lost or damaged item while on their travels to you.

Please do let me know of any lost or damaged items so I can forward on the receipt to you.

I'm not going to buy from them, but for arguments sake, say I bought something from them and it never reached me, could they actually stand by their "not my problem" policy and leave me to sort it out with RM? I didn't think sellers were allowed to do this.... but I don't use eBay as much these days and I can't keep up with the rules...

As above, it is wrong and stupid, they may as well put "please don't buy from me, I'm an idiot".

Irrespective of anything else, they are the ones with the 'contract' with Royal Mail for delivery, so this can't be transferred to anyone else.

Lomast

No suggesting for a minuite that anyone should do this but you could have some fun with them if it didnt turn up.
Item not recieved > Seller sends recipt> open INR and get refund > without proof of posting they couldnt even claim from RM for lost item

martindow

If this seller is putting off buyers maybe their items go at low prices. If these are things you want and the price is right go ahead and buy them.

If they fail to arrive you know you can open a claim with Paypal that you will win regardless of any terms and conditions dreamed up by the seller.

George_Michael

RFW wrote: »

As above, it is wrong and stupid, they may as well put "please don't buy from me, I'm an idiot".

Irrespective of anything else, they are the ones with the 'contract' with Royal Mail for delivery, so this can't be transferred to anyone else.

I fully agree with the first part of this, but the second bit is incorrect.
Royal Mail will allow either the sender or intended recipient to claim for lost or damaged mail providing that the person who submits the claim has all of the required information and documentation.

Avoriaz

Lomast wrote: »

No suggesting for a minuite that anyone should do this but you could have some fun with them if it didnt turn up.
Item not recieved > Seller sends recipt> open INR and get refund > without proof of posting they couldnt even claim from RM for lost item

:rotfl:

You are a very bad man.

(or woman.)

zerog

I have lots of experience with this type of seller (due to a spate of mail being stolen earlier this year)

There are basically 2 types
1) Clueless / newbie who doesn't understand how ebay works, will send you the proof of postage as though it means everything, then gets really surprised when he loses his case, loses his FVF and neg fbk
2) Experienced seller who thinks you are clueless / newbie, will try to put you off by saying he's really sorry, but not his fault, he posted it instantly as shown. If you keep pushing he will eventually refund and pretend that he is so generous for doing so. If you open a case, he will refund instantly, demonstrating that he knows he will lose.