Item Delivered to buyers front door but buyer said they have not revcied & eBay ruled in their favor

[sabrebf]

I sold an item, posted through Yodel. In Yodels tracking it shows a picture that the package was delivered to the buyer's front door (the buyer confirmed it was his door in ebay chat). However, the buyer is saying he did not receive the item. Obviously going by the information I have the parcel was delivered I even have a signature on delivery by Yodel. However, the buyer brought the case to eBay & eBay ruled in his favour & I now have to refund him the full amount despite the fact there is proof of delivery. 

[papso22]

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@eastern_standard_time wrote:

You are sadly mistaken.

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Not according to the law. 

A business is responsible for delivery to the customer, a private seller's responsibility ends when they hand the parcel to the courier.  However, ebay's take on the law tends to give buyers more rights, and sellers less, than the law actually provides.

[eastern_standard_time]

We're talking about eBay, aren't we? Business or private seller, if you take that line over an undelivered item you will lose every time.

[papso22]

The problem is the grey area where there is online evidence of delivery and yet the buyer says they don't have it.  Ebay publish seller protection parameters for these (online tracking showing delivery = protection) and then seem to go against them but we don't get told why seller protection was not granted.

This protection applies, or should apply, equally to business and private accounts. 

Straightforward undelivered items (no online evidence of delivery), is easier to deal with and understand.

[4_bathrooms]

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@eastern_standard_time wrote:

You are sadly mistaken.

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A private seller is only bound by the Sale of Goods Act. As per the SoGA:

"Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer."

eBay only requires a seller (private or business) to obtain an online confirmation of delivery or attempted delivery for the purposes of their Money Back Guarantee. The one exception is orders with a cost of £450 or more which require a signature on delivery. 

[4_bathrooms]

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@sabrebf wrote:

Hi, Yes I know this however i'm not happy with the outcome as my money has been taken away from me & there is clear proof that the parcel was delivered to the customer. (There's a picture of their front door and a signature)

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What explanation have eBay given for deciding the case in the buyer's favour?

INR cases are typically automated - as long as there is an online confirmation of delivery (or attempted delivery) to the delivery address provided with the order the case is automatically closed in the seller's favour. If you sent the item to a different address - including one the buyer may have given you in a message - you would not have been protected. Also, if the value of the order was over £450 you would have needed a signature on delivery else you would not have been protected. The only other time an INR case might be closed in the buyer's favour is if the item arrived after the latest "estimated delivery date" but this is normally treated as INAD rather than INR.  

[robbtyke132010]

I think Marco at eBay is a real dreamboat - however when I ring up eBay he pretends to be at lunch!