eBay- Is Buyer Protected for Missing Package?

High on 30/09/2020 - 16:03

Under PayPal buyer protection terms

Item Not Received claims

Your claim will not qualify for a refund under PayPal’s Buyer Protection Policy for an Item Not Received claim, if:

You collect the item in person, or arrange for it to be collected on your behalf, including if you use PayPal in a seller’s physical store, except for in-person PayPal QR code for goods and services transactions; or
The seller has provided proof of shipment or proof of delivery.

So when an item is not insured, and if an item arrives damaged - you're eligible for buyer protection, however if it goes missing as a courier's fault - PayPal won't cover it, am I understanding this correctly?

Looks like a bit different in real world laws though, from a quick look I think VIC law states it is seller's responsibility to make sure the item reaches the buyer.

So if I buy something, non insured courier and parcel goes missing, would I be able to make a claim to the seller in court/tribunal, or would there be some eBay/PayPal terms that I agreed to that I would be forfeiting the choice to do so?

I know some of you will say just get a frickin insurance, I 100% agree, if I sell an expensive item I will put insured shipping into price always. But I think sometimes a seller won't agree and I would like to know the rules.

I didn't have any such problem so far… which is lucky. It came to me as a surprise that eBay won't cover missing item if seller provides proof of shipping.

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Comments

  • trustnoone on 30/09/2020 - 16:23

    The seller has provided proof of shipment or proof of delivery.

    My understanding which I thought I read on an eBay page somewhere was that proof of delivery relies on the seller, thus they must prove they delivered the item to you. So typically insurance protects the seller not the buyer.
    In reality though, I hear the seller just shares a a tracking number which shows delivered (issue with aus post) or they use an older one that says delivered and paypal/ebay just accepts it. So the insurance protects you still anyway.

    At least thats how I always understood it, may be changed or incorrect though.

  • screensaver on 30/09/2020 - 16:25
    +2

    the tracking shows the date and suburb delivered to

  • bbqwer on 30/09/2020 - 16:25

    From my experience , ebay / paypal will side with seller as long as there is tracking id showing delivered , and proof of shipment showing your address.

    In some case, paypal will ask buyer to provide statutory declaration saying they have not got the parcel. And paypal might refund buyer payment ( without charging the seller ) by doing this paypal are taking the hit.

  • Ocker on 30/09/2020 - 16:45
    +1

    I seem to recall the PayPal buyer protection does not apply for a transaction on eBay. Rather eBay's own refund policy will apply

    • High on 30/09/2020 - 17:11

      Thanks for pointing it out, that is a good point.
      Looks like there are some contradicting terms in eBay and PayPal policies.

      It looks like buyer is covered by eBay policy

      If we determine that the item wasn't successfully delivered, the buyer will be refunded the full cost of the item and original postage.

      And it looks like seller is covered by PayPal policy

      To be eligible for PayPal’s Seller Protection, all of the following basic requirements must be met, as well as any applicable additional requirements:

      You receive payment via PayPal from a buyer’s PayPal account.
      You provide us with valid proof of shipment or proof of delivery.
      …

      Though it does have a caveat:

      PayPal determines, in its sole discretion, whether your claim qualifies for the Seller Protection program. PayPal will make a decision, in its sole discretion, based on the coverage and eligibility requirements, any information or documentation provided during the resolution process or any other information PayPal deems relevant and appropriate under the circumstances.

        • High on 30/09/2020 - 17:44

          In the case of "item missing in transit", looks like buyer is not protected by PayPal buyer protection policy (or so it says) if seller can provide proof of shipment.(see OP)

          • Ughhh on 30/09/2020 - 17:58
            +1

            @High: I've been on the sellers side before ie. I was the seller in that exact situation.
            If seller has proof of shipment/lodgement, but the online tracking does not show it has been delivered to post code, the proof of shipment/lodgement may not be sufficient. thus Paypal may use that as evidence as 'not delivered'.

            Things get complicated when tracking shows it has been delivered (to correct post code), but buyer claims it's not there. There's 100s of houses in a post code and tracking isn't exactly specific, your neighbour or by-passer may have stolen it, so neither the seller or buyer is at fault.
            I personally prefer parcel lockers.

            • High on 30/09/2020 - 18:02

              @Ughhh: Thanks for sharing. Was the proof of shipment sufficient to protect you at that time? How much was the cost of item?

              • Ughhh on 30/09/2020 - 18:09

                @High: It wasn't. My 'mistake' was providing online tracking to the ebay system. Basically, my evidence shot me in the foot, as it proved buyers claim.
                The parcel eventually arrived according to tracking (like 2 months later, domestic parcel). Appealed through Paypal and won. Item was <$100

  • Quantumcat on 01/10/2020 - 09:27
    +1

    If tracking shows items as delivered then the buyer can't claim for non receipt even if they don't receive it for whatever reason.

    There is absolutely no point paying for insurance. Insurance is for the benefit of the seller (as the seller is Auspost's customer not you) and if they get a payout they have no obligation to pass it on to you. It is the seller that should take out insurance for themselves in case they have to give you a refund, as it will cover them for that.

    • High on 01/10/2020 - 12:21

      Good point, so the buyer can't claim insurance cover, only seller can claim and payout goes to the seller. It seems to be a very strange system that the recipient can't do anything if tracking shows delivered when item is actually not received. I guess maybe the buyer could potentially produce evidence, such as video footage at the time of tracked "delivery" showing the delivery did not actually come.

      • Quantumcat on 01/10/2020 - 12:52
        +1

        All the buyer can really do (after the fact) is beg the seller to open a case with auspost to get them to investigate.

        But the buyer really needs to have thought about this beforehand and used a parcel locker, where the chance of losing your item is vanishing to nil.

      • Ughhh on 01/10/2020 - 16:51

        Main reason is that the seller is the couriers client, not you. You have no contract with the courier.

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