eBay Trap: Do NOT Arrange Freight as a Buyer! Just Lost $1299!

1000060 on 01/07/2019 - 14:02
Last edited 01/07/2019 - 14:33

Hi everyone,

I'd like to share you my suffer experience with eBay buyer protection.

I purchased an item for $1299 on eBay on 01 June. Because the seller only had regular post option and I needed it urgently, I purchased an prepaid express shipping label and provided the label to the seller. However, the parcel got lost in transit.

I opened an item not arrived case and I was told I won the case yesterday, but just now I received an email saying that "We're sorry you had a problem with your purchase. However, the seller provided tracking information that shows the item was delivered to your address. After reviewing all the details of this case, we've determined that you won't receive a refund". NOTE: The actual tracking shows in transit not delivered. eBay just choose this option (delivered) only as I provided the shipping label although it's not delivered.

Then I contacted eBay and they told me since I was the one who provided the shipping label, I need to take the lost!

I'm wordless currently, and I don't know what to do next since Australia Post already told me they can only compensate the sender not the one who paid for the postage.

I'm wordless, really. The seller has 0 score on eBay (I'm not saying the seller is a scammer) but I trusted eBay before， and that's why I paid for the item. But clearly, all of us should be aware of things like this and don't **********Arrange Freight as a Buyer!!!!!!*********

If you have any suggestions please let me know I'm really appreciate your help!!!!

Regards,
Jimmy

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Comments

  • Michaelz101 on 01/07/2019 - 22:12

    0 feedback. No sympathy for you. Especially considering your experiences with 0 feedback previously.

  • cute as duck on 02/07/2019 - 03:25
    +4

    Find out what the weight of the item was that was scanned. Pretend you are the shipper when you call AusPost. Find out how much the item should have weighed and work out if it is a major obvious discrepancy.

  • HeWhoKnows on 02/07/2019 - 08:41
    +2

    This case is no different to COD/Pick up of goods.

    The carrier is representing the buyer. Not the seller.

    The moment the goods arrive in the buyers (or buyers representativie's) hands they are no longer the responsibility of the seller.
    Technicaly the seller has delivered the goods as per buyer instructions.
    EBay is correct

    However the seller is still responsible to package the goods properly for safe transit.

    Did the seller send you a photo of the packaging to prove this was the case?

    If not you could argue the goods may not have been packaged properly.

  • pegasusx on 02/07/2019 - 08:46
    +11

    There are always two sides to a story. As a Seller on eBay I have been stung twice by situations above.

    1. Where the buyer arranged freight themselves and it was "lost". This was via a 3rd party cheap courier they booked on e-Go. i.e. They dont do tracking well. eBay asked for a tracking number and I didnt have it. I was naive and the item was picked up by courier. Ended up disputing it and lost. Had to refund $1080.

    2. Buyer bought a used iMac and paid with Paypal. I even discounted the original shipping fee to save him a bit of money. Came to pick it up and 5 days later, claimed the item wasnt sent… (which it wasnt) as it was picked up. Fought Paypal and eBay and only after getting CCTV footage from neighbor of him walking out onto the street with the iMac and putting it into this car. That his account got banned.

    Now I arrange my own shipping and cash only payments for pickups.

    • HeWhoKnows on 02/07/2019 - 08:50
      +1

      Good lesson here with COD/pick up.
      Always get the buyer to sign a receipt to say they picked up the goods and get a copy of some sort of ID to prove it was them.

      • pegasusx on 02/07/2019 - 08:57
        +2

        Yes youre right. But its very awkward (I tend to think most people are honest). But unfortunately after a few bad lemons I've had to ask for cash payment first.

    • gth on 03/07/2019 - 13:06
      -1

      2 sounds like you have enough for a fraud report to the police, if it's still fairly recent.

      • pegasusx on 03/07/2019 - 18:50

        This happened in 2017 so might be old. In hindsight, I think I would have back then. But thinking about it today I doubt I would have. Basically I've put it behind me now.

  • Ocker on 02/07/2019 - 08:57
    +2

    Go to the eBay discussion boards and post your situation:
    https://community.ebay.com.au/
    There are several members that are highly experienced in all aspects of eBay operations and they may be able to offer you some good advice.

  • factor on 02/07/2019 - 09:32
    +3

    Normally I would say chargeback on ebay problems of missing goods. In this case you would be committing fraud if you do a chargeback.

    The rules of freight, risk, and title are well understood. You have no claim against the seller. You organised freight at your risk. You took the risk and lost.

    The seller has sufficient evidence to win the chargeback. Your shipping label did get submitted into the postage system per your instruction. Your carrier then lost it.

    • biltong2go on 02/07/2019 - 22:48
      +1

      Thank you for an interesting perspective on this case.

      I can see why a chargeback may be invalid in this case, although I would still encourage the buyer to do lodge one.

      In this case, the buyer paid for a shipping label - so I agree that it can be argued that in a legal sense, it constitutes a contract of carriage between the buyer and the carrier. BUT ironically, AusPost will only compensate and deal with the Sender/Seller, as if the contract of carriage was between them. Therefore, legally it could also be argued that contract of carriage was between Seller and Carrier.
      The seller honoured their side of the sales contract in sending the item, using the carrier.
      So if the item doesn't show, it's difficult to blame the seller, but the carrier has breached their contract - so AusPost would be liable for at least the shipping costs. At their discretion they may offer some compensation.

      However, this still leaves "eBay Buyer Protection" and PayPal protection.
      In this case, according to the buyer, eBay is claiming the item was delivered, but the tracking clearly says otherwise.
      Therefore, eBay is liable under their guarantee.
      PayPal may also offer some protection.
      The buyer's credit card company may also offer purchase insurance.

      • factor on 02/07/2019 - 23:01
        +4

        Indeed - I had not checked the case where the claim is not against the seller, but against an implicit or explicit guarantee from eBay.

        Unfortunately for this instance, ebay has a quite clear plain English contract:
        https://www.ebay.com.au/help/policies/ebay-money-back-guaran…

        under Not Covered:
        "Items not delivered when the buyer arranges pick-up or delivery of the item (for instance, the buyer arranges freight)"

        This clause appears to comprehensively cover this situation.

        Purchase insurance on the credit card should definitely help if that's a feature of the card used. That protection would not be accessed via chargeback - that is an insurance claim.

        • Kandrew on 03/07/2019 - 22:04

          Did the buyer, in this case, arrange the freight, or just pay for it?

  • gth on 02/07/2019 - 11:09
    +1

    Get the seller to give you the IMEI of the lost iPhone, lodge a police incident of lost property with that IMEI.

    Long shot it turns up as being used by an Australia Post employee. ;)

  • Pootie Tang on 02/07/2019 - 11:22

    When I was in Brasil this happened to me when I had a friend send me a prepaid visa card when I lost all my cards. We claimed the $50 insurance but the item eventually got returned to sender (my friend). If the person is an honest person expect the item to re-arrive in a two at their address.

  • bondi on 02/07/2019 - 12:19
    +2

    I am really sorry to hear about this. Thank you for sharing with public. Australia Post is the worse company I have ever seen. The delivery service which contracted out to some individual drivers or their related doggie delivery company. The actual driver on the job never intended to following your instruction for delivery, they always make a fake report on the job and put a notice in your mailbox, THEY MAKE YOU TO PICKUP YOUR PARCEL AT POST OFFICE. They don’t knock on the door and hand in your parcel following the instruction request. But making faults claim as nobody home on the time of delivery or as such, straight liar! Had words with their counter staff about this behavior for their driver a few times, they all were silenced and shook heads. I had a few parcels could not be found when I followed the time line for pickup on the notice card, I was told to come back next day to try… so as customer of this company you wasted too much your own time for their work failures. Now I am avoid purchase anything on Ebay that had to use Australia Post for delivery.

    • frewer on 02/07/2019 - 23:19

      Very similar situation had happened to me a few times actually. Very annoying

    • Coude Copon on 03/07/2019 - 18:00

      They are bad but definitely not the worst. IMO the best thing is at least there is a post office in almost every suburb. Try courier please and you will love AUSPOST.

  • hikaru78 on 02/07/2019 - 14:51
    +1

    The issue is you chose the method of transit the minute it was picked up the goods were in your custody. Lost in your custody your issue unfortunately

  • Kamsi on 03/07/2019 - 12:59
    -1

    I feel for the OP but such as stupid decision make me think the OP is making thing up . Either way I'm speechless.

  • netsurfer on 03/07/2019 - 18:00

    OP, how did you pay for the item? Using PayPal linked to a credit card? If yes, talk to your credit card company and ask your credit card company for the refund (item not received). You vs eBay or PayPal - you lose, but your credit card company won't take / accept BS from feeBay or PayPal.

  • SnoozeAndLose on 07/08/2019 - 15:43

    Any Update OP?

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