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Misleading description - Customs charges - Seller and eBay both refusing to help
I'm in the UK and recently bought an item from Spain where the description clearly stated that "customs taxes are included in the price".
The description mentioned that if the item was over £135 (which it was), the taxes would be "removed before payment".
I went ahead and bought the item, and paid eBay the price that was advertised on the product page, plus about £15 postage.
I was surprised when I got an email from UPS a few days later saying that there would be £61 import VAT and handling fees to pay, but since I wanted the item I decided to pay it and then take up the issue with eBay and the seller later.
I then messaged the seller and they were unwilling to help, saying that "This is an Ebay automated process and this time is correct, discount was applied and order was payed at 0% VAT by customer.".
However my ebay payment confirmation email shows no discount applied, and the price I paid was the same as the price shown to me on the listing page, along with the description stating that "customs taxes are included in the price". I sent the seller screenshots of this, plus a screenshot of the UPS invoice showing that UPS had charged me the import VAT and handling fee.
I have since noticed the seller seems to have *changed* the listing page so the new price is now about 20% higher than the price I paid. I don't know if they have realised they set the listing up incorrectly previously, but the price on the item now is definitely higher.
I then contacted eBay customer support who, after spending 30 mins on the phone with a well meaning but ultimately unhelpful lady (who seemed to also have a pretty bad cough) I had to get off the phone to start work so asked if she could raise a case for me and have support email me with a resolution. She said there is a specialist team that deal with international purchases who had more expertise on this issue than her.
After exchanging about 10 messages with said support team over the last few days I'm still no closer to an answer. Clearly the description on the listing was incorrect, and therefore the seller is at fault, but they seem unwilling to accept this. eBay support initially stated "don't worry as you are fully covered by the eBay money back guarantee" but upon further specific questions admitted that the MBG does not cover import taxes, so even if I return the item they wouldn't refund me for those. I also received various conflicting responses firstly saying the seller had made a mistake in not supplying UPS with their IOSS number, but again after asking more detailed questions, admitting that this is actually only the process for items under £135 so didn't actually apply in my case. I won't paste all their messages here but the most useful one I got was:
"- I totally understand that you believe that you have been charged with VAT by eBay.
- Hence, you are requesting eBay to provide IOSS number to claim VAT refund.
First of all I really appreciate you for your patience regarding the item you purchased. Upon checking the details, I can see that VAT was not charged to you for this transaction by eBay as the item value is more than £135.00
I would like to share that eBay collects the VAT only when the item's value is less than £135.00 and IOSS number will be generated after collection of the VAT.
In this transaction, no VAT collected hence, no IOSS number was generated. However, I would like to inform that you may be charged by VAT or customs directly by courier or customs authority outside eBay when you receive the item. Kindly keep an eye on tracking for more information.
I want to highlight that we keep your money safe under eBay Money Back Guarantee. To learn more about this, you can refer this page: eBay Money Back Guarantee.
I trust that you are happy with the resolution I have provided. Thank you for contacting eBay. We appreciate you for being a loyal member for 24 years. Have a great day ahead."
I'm not really sure where to go from here. I don't want to return the item, as I'd still be left fighting HMRC to get the import VAT back and UPS wouldn't refund me their £16 handling fee anyway. The seller isn't willing to admit their listing was misleading, and eBay aren't willing to help beyond replying to my requests with conflicting advice, most of which is copied and pasted from one of their policy pages anyway.
I haven't left any feedback for the seller yet - it's a business seller so I doubt one negative feedback amongst thousands will bother them. I think it's pretty sneaky that they've since increased the price of the item to correct their mistake, but won't admit their mistake. Unless eBay has somehow suffered a technical issue and shown me the wrong price?
Any advice greatly appreciated as to how I can get my £61 back!
tobiasd4
Mentor10 months agoThis link is on sellers item.
https://www.ebay.co.uk/help/buying/paying-items/paying-tax-ebay-purchases.html?id=4771
tomenstein
OP10 months agoNope they didn't include that link on their listing. The text they put in the listing description seems to contradict what that page says.
tobiasd4
Mentor10 months agoThat link is on all non UK listings under the postage section.
It is added by eBay NOT seller.
Sellers description may have been misleading, but VAT and import fees still have to collected by eBay or carrier.
tomenstein
OP10 months agoAh ok, I can see it in the postage section under payments now, although I don't remember seeing it at the time I bought the item. Like I said, the price showing on the listing has increased since I bought it, is it possible they set their listing up incorrectly and have now changed it after I contacted them?
Regardless of that, I still think the description was misleading, so I'm still left with the original question of what eBay or the seller should be doing to compensate me for that.
tommystrezures
Mentor10 months agoIn short nothing.
It is the buyers responsibility to ensure that they pay duties on items purchased from overseas. If the item was over £135 which you said it was then UK law stipulates duty will be applied. UPS are I hate to say one of the hottest companies on this matter (which is not a bad thing). This link provides the data you need.
https://www.gov.uk/goods-sent-from-abroad/tax-and-duty
papso22
Mentor10 months agoWhat they should do (according to you), and what they will do are entirely different.
You won't get any 'compensation'.
papso22
Mentor10 months agoThe VAT that was removed as mentioned on the listing would be the local tax, import VAT is different and payable by you on import.
Nothing has gone wrong and there is nothing to be corrected.
tomenstein
OP10 months agoThat's not what their listing said though. The text they put in the listing was:
IF YOU ARE BUYING FROM UK CUSTOM TAXES ARE INCLUDED IN PRICE, BUT THERE ARE 2 CASES:-TOTAL PRICE OVER 150 POUNDS: LOCAL TAXES (21%) WILL BE REMOVED BEFORE PAYMENT
There was no removal of the 21% before payment, and the custom taxes were not included in the price, hence my assertion that the description is misleading.