Order lost

[wayne6341]

I got this message:

"Dear customer,

I am writing here with all my sincereness to say sorry to you,

i just was informed that there is a problem with our shipping company to cause a batch of parcels lost on the way, so your parcel may fail to deliver your hand,

so sorry for that, as a seller, the honor is the most important for us,

so I am very willing to issue you full refund firstly as guarantee,

Is this fine?

Waiting for your early reply and hope you could kindly understand it .

Sorry for all the inconvenience caused .

Best wishes."

To me, this implies that they have lost the order but will issue a refund as a first step, over delivery issues. The message implies the order may still arrive. 

For clarity I asked that if I accepted the refund, will I get my order? No response.

The refund was given after I asked ebay for help. I don't want a refund, just replace the lost package. 

Can I reject their refund and insist that the fulfill the order?

*if I re-order, it will cost £10 more)

[**peaseblossom** · Accepted solution]

Neither you nor ebay can force a seller to send an item.   ebay can only enforce the refund.

[tressygirl]

You say you received your refund ?  Then,  you cannot now reject it.

Not sure why reordering you are £10 down, as you should receive every penny you initially paid the seller.

The seller claims to have lost a shipment order, so may not have anymore to send .

It's always best to receive a refund not a replacement as that would not be covered by eBay's 30 day MBG policy if it incurred any issues.

[arkwebus]

That letter is wierdly written!

The only way forward is to open a "non receipt" case from the item one day after the latest date for delivery and to escalate after 3 days.  Do not believe anything that the seller says when it is not what eBay says!

Do not close the case for example.  Do not rely on seller refunding without a case; you have only 30 days

EBay has systems [The Money Back Guarantee] which work.  Do not try to get round them or vary them.  

The case does have the provision to get a replacement but 100% I would not.  Go for a full refund every time.  We have heard cases where the seller promised a replacement but never delivered so that the case "timed out" and the buyer got nothing - no replacement, no refund.  

@wayne6341 

[wayne6341]

Thanks. I know that consumer laws say  you can't compel anyone to fulfill the order, just wasn't sure if ebay did the same.

[tressygirl]

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@wayne6341 wrote:

Thanks. I know that consumer laws say  you can't compel anyone to fulfill the order, just wasn't sure if ebay did the same.

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Aaah, no they cannot make a seller send an item, but as above , never agree to a replacement always a refund, as replacements are not covered by eBay's 30 day MBG policy.

With a refund if the seller still has those items for sale, if you did not wish to seek out another more reliable seller , then you could buy the item from them again.

[wayne6341]

You say you received your refund ? Then, you cannot now reject it.

(I have never asked/ or agreed to a refund)

Not sure why reordering you are £10 down, as you should receive every penny you initially paid the seller.

(If I reorder the item from them, it will cost £10 more, which is why I said I wanted the item, not a refund)

The seller claims to have lost a shipment order, so may not have anymore to send 

(They have more listed, between £10-£20 extra)

It's always best to receive a refund not a replacement as that would not be covered by eBay's 30 day MBG policy if it incurred any issues.

(Yes but, not if the cost has gone up by £10 in a week)

[john1297576]

You say you had to ask ebay for help. As you can only ask ebay to step in if you open a not received case, I suspect seller refunded you, using the reason buyer's request saving seller a lot of fees.

If they had refunded using out of stock as the reason then they would have had to pay the selling fee and get a lot of defects, which would have seriously damaged their ability to sell.