Struggling to contact seller

hollydays

I think if I didn't read mse I would understand the importance of postage times , quickness, myhermes limitations at Christmas.
I'm grateful to this forum

robatwork

Listing quite clearly states


"If you require this for Christmas Last day for orders is Monday 21st to guarantee delivery ����"

which overrides any ebay statement about usually dispatching in 5 days. So they have broken their contract with you.

Your remedy is really just a refund. If I was the seller I would let you have them for free.

Maybe the Ambassador intercepted them en route?

soolin

robatwork wrote: »

Listing quite clearly states


"If you require this for Christmas Last day for orders is Monday 21st to guarantee delivery ����"

which overrides any ebay statement about usually dispatching in 5 days. So they have broken their contract with you.

Your remedy is really just a refund. If I was the seller I would let you have them for free.

Maybe the Ambassador intercepted them en route?

Unfortunately the statement about guaranteed delivery does not over rule the ebay estimated delivery time- OP has already found that out as they were unable to open an INR until the 25th .

OP, just remember to make sure that you do not accept anything at the door, now that a case is open if seller can upload tracking showing it was delivered you will lose the INR case.

Unfortunately as you bought this from an unregistered business you have no right to a return unless it is SNAD. You could try a SNAD on the basis it didn't arrive for Christmas as per the listing, you could well win on that, but it isn't guaranteed. So better to make sure it doesn't get left or taken in by someone in the house.

robatwork

soolin wrote: »

Unfortunately the statement about guaranteed delivery does not over rule the ebay estimated delivery time- OP has already found that out as they were unable to open an INR until the 25th .

I didn't mean ebay's own rules, I meant in a legal sense.

Part of the buyer/seller contract in this case is that delivery is implied before Christmas, so the buyer has full recourse to a legal remedy.

Just because ebay overlay their sometimes peculiar rules over the top of a transaction, it's still subject to UK consumer law.

soolin

robatwork wrote: »

I didn't mean ebay's own rules, I meant in a legal sense.

Part of the buyer/seller contract in this case is that delivery is implied before Christmas, so the buyer has full recourse to a legal remedy.

Just because ebay overlay their sometimes peculiar rules over the top of a transaction, it's still subject to UK consumer law.

There is always a legal solution- but I think realistically OP is unlikely to want to go through small claims for a £25 item - obviously I might be wrong, but for the purposes of this thread I am sticking to what can be done easily using ebay and paypal rules.

ladymarmalade222

Still no reply from the seller and they have until 4th January to respond and hopefully I will be refunded.

I have added a negative feedback today which is the first time in years of using Ebay. I have also noticed she has 2 other negs for non delivery over Xmas so no longer has 100% feedback.

If she does not respond by 4th will I automatically receive a refund?

Thanks again for your help.

Xx

soolin

ladymarmalade222 wrote: »

Still no reply from the seller and they have until 4th January to respond and hopefully I will be refunded.

I have added a negative feedback today which is the first time in years of using Ebay. I have also noticed she has 2 other negs for non delivery over Xmas so no longer has 100% feedback.

If she does not respond by 4th will I automatically receive a refund?

Thanks again for your help.

Xx

Unless seller uploads tracking that proves delivery to you then you will win the case. Be prepared for it to take a day longer than stated, but by the 5th you should be getting a refund.

The wording on the last 2 negs is unfortunate as both could be removed if seller complains to ebay. Feedback should not mention a case.

However, as seller has gone silent I doubt they will care, that account is going to be pretty much useless for selling anymore anyway, the item description star plus the negs are likely to out off any sensible buyer.