10-09-2020 6:45 PM
WARNING:
Ebay are conducting themselves illegally by refusing to issue me with a valid refund, where an item paid for in good faith has failed to be delivered to my address. It has been marked as delivered in their system by information provided by the courier/ or postal service and yet NOTHING has been delivered to me. Despite my taking matters into my own hands and knocking door to door when I first discovered this error, (which was NOT what I paid for or my job to do, the item is nowhere to be found. And yet Ebay, in their negligence and failures to understand the LAW, have found in favour of the seller, which is illegal and an 'abuse of process', where they have already been notified that the item was marked as delivered, but was not delivered to me and I know not of its whereabouts. They have further trained to tell me that i need to chase around after the courier, which again is not my duty or oligation do as that does not form any part of the CONTRACT I made with the SELLER!! Furthermore what Ebay seems to fail to recognise, is that due to the current state of affairs in this country with Covid, the postal staff/couriers etc are no linger reuqired to obtain a SIGNATURE from the addressee of the property which they deliver the items to and as such they have been authourised to sign these deliveries themselves, giving rise to fraudulant claims that itemshave been delivered, which in my case they have not. Therefore I will be seeking legal advice to bring a claim against ebay for loss, where they are acting wrong in law and where they have lead me to believe that my interest when using their site, are protected, which is clearly not the case.
IN CLOSING: Be warned all ye who are using this site and making purchases in good faith, as you may become a victim of Ebay's flawed or corrupt practices yourself.
But for me going forward, I will be looking for a more honest, reliable and reputable service
Ebay are conducting themselves illegally by refusing to issue me with a valid refund, where an item paid for in good faith has failed to be delivered to my address.
No, I'm afraid they're not acting illegally. You need to read the user agreement, and eBay's money back guarantee policy, which forms part of it. You accepted these as a condition of membership.
Unfortunately, this situation occurs too often. Anyone can sign for parcels, it doesn't have to be the buyer. Parcels may be delivered and signed for at the wrong address, or left in a "safe place, where they may be lost or stolen. Doorstep theft of parcels has soared in recent years.
EBay can't and doesn't attempt to investigate deliveries. When delivery is disputed, eBay requires the seller to provide a tracking number, which eBay will check on the carrier's web site. If the item is shown as undelivered, the seller is required to refund the buyer. If it records delivery to the buyer's address, the seller has done all that they're required to do, and the case is closed.
I've had two similar situations. In one, an item was recorded as delivered to my address, but was actually delivered to a similar sounding road nearby. The other was recorded as delivered, but found in the back of the van the next morning! I was luckier than you, and got them back eventually.
I'm afraid that you're just the latest of many buyers to find themselves in this situation. It's just one of the risks of buying through eBay.
p.s all we can do here is advise you on eBay's terms and conditions. You may possibly have a legal claim against your seller, especially if they're a business seller, as they may be resonsible for negligence by their agents, in this case the carrier. However, proving that they were negligent when you don't know what happened and their records show that it was delivered may prove difficult.
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