Ebay item not received, seller denies all responsibility for lost in post, please help!?

Question

Am currently in a dispute with a seller about an item I bought on ebay about a month ago. Item in question cost around £60 including postage. Seller apparently posted it 3 weeks ago but nothing has arrived so I've opened a Paypal dispute. Thing is in the listing the seller says "I'm not responsible for any items lost in the post" in their listing, which I only noticed afterwards because it was in really small print at the bottom, and they have been extremely arrogant in the dispute console saying by purchasing the item I'd agreed to their T&Cs and it's my fault that I didn't pay extra for insurance (postage was £6 which I thought would include some sort of insurance because of the cost of the item)...does this mean I don't have a leg to stand on?? A friend of mine said it's up to the seller to make sure the item arrives, who is right? Oh and they're a private seller not business. Since I paid by credit card can I ask my credit card company to sort this out? Thanks for any help!

Answer 1

Unfortunately PayPal is probably your only option. I recently had a situation where I sold something, mailed, and neither of 2 people received it. I had to refund the money but that is because I didn't get proof of mailing (lesson learned).

See what paypal comes back with. Usually the seller only has to prove they mailed it not that it was received. Good luck.

Answer 2

Without a paddle mate, without a paddle.

Answer 3

You're writing in pounds.  You're posting to the USA board.  So, assuming this thing was mailed ground, three weeks is NOT a reasonable amount of time to wait.  

Postage does NOT automatically include any type of insurance.  If the seller mailed the package, and has proof, they are off the hook.  Your friend doens't know what he's talking about - the seller does NOT have to follow all the postal workers around and make sure the item gets delivered.  

Sure, you could ask your credit card to sort this out.  But 1. you haven't waited long enough for an item to make it through customs and 2.  the seller is going to win the paypal dispute and 3.  you didn't BUY the "guarantee" from the post office that the package will be delivered, or you get your money back.  That's what the INSURANCE is.

Yes, you don't have a leg to stand on.

Answer 4

By paying through PayPal, you have a level of buyer protection - whether you selected insurance or not. Though paying for insurance would probably have made things easier.

The reason why the seller is being so uncooperative is because by reimbursing you, they are at a loss - not the postal service that was used. If you had paid for insurance, the seller would have to take it up with the postal service, and once they had acknowledged that the item was lost (usually after 15 business days, unless it was international) the postal service would reimburse the seller, who would then reimburse you.

When someone sells on eBay, regardless of whether insurance is selected, they should always obtain a proof of postage from the postal service. Now that you have filed your dispute, PayPal will contact the seller for proof of postage. The seller will either e-mail or fax the details to PayPal.

If the seller does have proof of postage, and it was stated in their T&C's that they are not responsible for items lost in the post, then it is quite possible that you will not be reimbursed, unfortunately.

However, if the seller is not able to provide proof of postage, you will be reimbursed. It does not matter how arrogant and uncooperative they are being - PayPal will reimburse you by adding the funds to your account, and they will automatically deduct the funds from the seller's account. If the seller is unable to provide the required proof, they will have no control over whether you are reimbursed or not. PayPal will do it for you.

As far as your credit card company goes, you can contact them and request the amount is credited back to your card - which they will do at first - but they will need to investigate to decide if you should be refunded. They will contact the seller (or eBay) to establish if the transaction was unauthorised. As you knowingly purchased the item, I doubt this would be a reason to reimburse you. As far as I'm aware, the protection offered by your credit card does not cover items lost in the post. But maybe discuss it with them to see what they say? Either way, I would advise against going through your credit card company until the PayPal dispute is resolved.

Answer 5

I didn't receive an item once and Paypal upheld my dispute, even though I didn't buy the insurance.  So wait and see what paypal does.  

If paypal doesn't halp, it couldn't hurt to file with your credit card company.

Good luck!!

Answer 6

yes, call the cc company and tell them. they will not make the payment or reimburse you if they already have paid and dispute the charge. Request a tracking number from the seller so you can track the package (if it was even shipped in the first place!). Is there anyway on Ebay to file a formal complaint? they will need to prove they mailed it to the cc company.

This sucks you have to deal with this!!

Answer 7

Unfortunately, the only thing you can do is to give them a bad rating on ebay.  Next time make sure you've got the insurance and a tracking number.

Answer 8

If they have proof of mailing you are out of luck.  If it is over an amount you are comfortable losing, then I would get insurance from here on out.  Never assume anything, like that the seller would include insurance, always ask before you pay.

Answer 9

It does not matter that you did not notice their "I'm not responsible for any items lost in the post" part of their listing.  It is your responsibility to read the ENTIRE listing before you buy something.   Most (reputable) sellers will include the option to pay extra for shipping upon checkout.   Sellers can charge basically whatever they want for shipping an item, regardless of how much it actually cost to ship the item.   Some of them even add to the shipping cost to cover their shipping/packing materials.  

Your best bet is to contact Paypal, explain the situation, and hope they see things your way.  Short of that, you may be able to explain the situation to your credit card company and get them to refund your money.

In the future, ALWAYS be sure to read the entire listing before bidding.   A lot of sellers will have the shipping price listed.  If it sounds too high, you may not want to bid on the item.

EDIT:  In the future, be sure to ask about insurance or at the very least delivery confirmation (so you have a tracking number) before bidding on stuff.

I'm sorry you had a bad experience.  Most E-bayers are honest and really depend on their feedback so will do anything to make sure you, the buyer, are happy.  I would also advise you to check the sellers feedback before bidding.  If they have a lot of negative or neutral feedback, I would avoid bidding on their item.