Sellers flaunting 30 day ebay policy

[njon3868]

Hi there.

I have now experienced a couple of times, and most recently clearly fraudulently, an abuse of the 30 day feedback and assistance policy. In what appears to be an attempt to avoid negative feedback as well as the intervention of ebay in disputes, sellers are contacting buyers indicating that items may be delayed. In my case the item clearly had not been sent.

When the seller then offered to send a replacement I felt, acting in good faith, that I should permit this as it would be what is recommended by ebay themselves through the resolution centre. The issue is that the clock does not restart for the second delivery. There is therefore no recourse through the standard ebay channels to support a buyer caught out by a fraudulent seller. They have my money, are difficult to contact (they do not respond to communication within the performance standard) however as the 30 day window has elapsed from the initial purchase date I cannot raise a case specifically for that purchase. The risk is entirely with the buyer in this case. 

I am seeking advice as to how to proceed with my specific case. I simply wish to receive the item I paid for. In addition, however, I am keen to understand the level of consumer protection afforded by ebay who provide a channel for sales and claim a mechanism for dispute resolution. This seems a simple loophole to exploit buyers if not dealt with.

[bonjourami · Accepted solution]

Never let a seller stall you like that, you have six months at Paypal to open a not as described case, but you will have to pay the return shipping. you have sixty days to leave feedback. If you had opened the case within the thirty day time frame at ebay, the seller would have had to provide you with a return label. Ebay cannot force the seller to provide you with the item you rordered.

[hafoster]

I agree --

Always ask for a return label, even if you didn't receive the item.

[missjen831]

---

@njon3868 wrote:

Hi there.

I have now experienced a couple of times, and most recently clearly fraudulently, an abuse of the 30 day feedback and assistance policy. In what appears to be an attempt to avoid negative feedback as well as the intervention of ebay in disputes, sellers are contacting buyers indicating that items may be delayed. In my case the item clearly had not been sent.

When the seller then offered to send a replacement I felt, acting in good faith, that I should permit this as it would be what is recommended by ebay themselves through the resolution centre. The issue is that the clock does not restart for the second delivery. There is therefore no recourse through the standard ebay channels to support a buyer caught out by a fraudulent seller. They have my money, are difficult to contact (they do not respond to communication within the performance standard) however as the 30 day window has elapsed from the initial purchase date I cannot raise a case specifically for that purchase. The risk is entirely with the buyer in this case. 

I am seeking advice as to how to proceed with my specific case. I simply wish to receive the item I paid for. In addition, however, I am keen to understand the level of consumer protection afforded by ebay who provide a channel for sales and claim a mechanism for dispute resolution. This seems a simple loophole to exploit buyers if not dealt with.

---

There is no loophole. It’s your responsibility to read the money back guarantee and use it. It’s entirely your decision to accept a replacement. You have 30 days from the latest delivery estimate to file an item not received case from eBay. If the seller doesn’t refund you within 3 business days or provide proof of delivery, just ask eBay to step in and you will be refunded. If you choose to accept a replacement, then you need to watch the calendar and ask eBay to step in before the item not received case closed—30 days after you opened it and they will tell you the date the case will close if you don’t ask them to step in. If you pay with your PayPal account, you have 180 days from the date of payment to file with them. Again it’s your responsibility to read the buyer protection policy & use it. It’s very easy to sellers to pull one over on you when you haven’t read the buyer protection policies but that doesn’t mean there are loopholes. eBay and PayPal cannot protect us from it selves. They offer excellent buyer protection but they can’t force us to use it (or use it correctly at that).

[ed8108]

Being informed and understanding

EBay policies helps to avoid being exploited.

[jason_incognito]

---

@ed8108 wrote:

Being informed and understanding

EBay policies helps to avoid being exploited.

---

can we pin this to the top?

[njon3868]

Thank you for your reply. I'm aware of my responsibilities and am flagging a problem. Ebay offer 30 calendar days support and won't step in into the estimated delivery date has passed. If a seller offers 25 business days delivery the support window essentially doesn't exist. To ensure a case isn't raised I've experienced more than one seller basically playing on the good nature and understanding of buyers and stringing out the process. If you are saying caveat emptor then certainly. But beware that the policy is unsupportive and easily flaunted? This is a bit more than that and something that ebay, in seeking to suggest they are a respected and safe platform for buyers and sellers may wish to look at in comparison with other growing options more supportive of basic consumer and retailer rights across jurisdictions. I'm certainly glad to see Amazon now in Australia as well as the expansion of Alibaba in Asia. In the interim, at least PayPal can offer something beyond the pretense of support.

[bonjourami]

The Ebay thirty day criteria to open a case does not begin until the last estimated delivey date has passed. Ebay did not allow this seller to string you along and scam you..that is on you.

[njon3868]

Thank you for your reply. I agree with you and I feel I should have been less trusting. I also agree that all of us need to take responsibility to understand our rights and responsibilities. 

[lightlily_arts]

I understand the dilemma.  Recently I purchased a pair of winter boots from a seller that advertised  boots for sale in New Jersey, which smelled like gasoline on arrival and I started a return request.  The seller offered me a replacement, but advised me that I would have to wait for 35-40 days for them to come from China.  I told them no because why should I have to wait for the replacement boots to come from China when I purchased them from New Jersey, and they were still advertising availability.    I suspected that it was a ploy to avoid having to refund me.  After I said no, they wouldn't respond so eBay had to step in.  They still wouldn't respond so eBay closed the case and awarded me a refund.     Then this seller had the nerve to ask me for positive feedback since I had gotten a refund.  I said no and left the appropriate comment.   Never let them derail you from getting your item.  Get the refund first and rebuy if need be and usually from someone else. If you are buying from Asian sellers they know how to play the game and screw their buyers.