Hi,
I recently sold a jacket (the 'item') to a buyer in the EU. I promptly sent the item via Royal Mail International Tracked. The item was correctly labelled for customs, but the buyer left negative feedback because customs in his country took 14 days (fairly standard) to process the package. How is that my fault? The negative feedback was removed by eBay. In the listing, I stated that the buyer accepts delays caused by customs post-Brexit.
The buyer then had the temerity to request a return, claiming he could not afford the customs. I denied the request. Subsequently, the buyer rejected delivery and falsely claimed the unopened item was 'not as described'.
I've been on eBay since 2002 and feel I've been wronged. I am concerned that the item arrived outside the estimated timeframe because of customs delays. Presumably, there must be an exception to eBay's policy that late delivery can be treated as an instance of an item not being as described in cases where customs causes the delay. In the listing, I stated that customs duties, taxes, etc., imposed by a foreign jurisdiction are the buyer's responsibility. In any other context, a delay caused by a matter outside a party's control would not give rise to liability.
In the meantime, another buyer cancelled a purchase (made in error), which I then had to refund from my personal bank account because eBay had frozen my seller account pending the outcome of the challenge.
The tracking has gone cold since the item was deemed delivered before Christmas. Tracking states 'returned to sender' - not updated for 10 day. I'm concerned that I've effectively thrown away the item and given the proceeds of several other items sold since Christmas to eBay (to cover the sale price of the item) because a buyer fraudulently abused eBay's policies. I'll inform the local police in the EU member state. I challenged the 'item not as described' case and warned of legal proceedings alleging specific offences.
Any advice will be gratefully received. Happy New Year.
