Return the purchase because late delivery

[terekhin8282]

Hello,

I appreciate any help and advices.

Country US.

As buyer I paid the purchase (the oscilloscope) Nov23, promised delivery range in description was a week Nov30.

The seller sent the item only Nov29.  After Fedex progress stopped on stage when they picked up the parcel in seller's town.

After delivery time got expired I opened return case, and bought another oscilloscope at amazon with two days delivery because it was critical for my small business and my customers couldn't wait.

After 4 days when I opened refund case in one day Fedex tracking status has changed as delivered and I got the parcel.

But now I already don't need the sellers item because bought another and I offered to seller to return his item and get money back.

The seller agreed for the return but told me I have to pay for the return and shouldn't open the box and if something happens with the parcel on back way I will be responsible for this.

The box is unopened, but delivery price is about $40 if I'm going to use Fedex or $25 for cheaper USPS.  

I'm don't agree to pay for delivery returns. Because I waited extra week regarding the date in description, I didn't see progress of tracking number and couldn't prognose finale delivery date, I couldn't wait any more because my customers didn't wait for my issue resolution.

I still didn't close refund case but I feel that I should because although very late but the parcel got delivered.

Thank you,

Alex  

[dare-2046 · Accepted solution]

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@terekhin8282 wrote:

I'm don't agree to pay for delivery returns. Because I waited extra week regarding the date in description, I didn't see progress of tracking number and couldn't prognose finale delivery date, I couldn't wait any more because my customers didn't wait for my issue resolution.

I still didn't close refund case but I feel that I should because although very late but the parcel got delivered.   

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eBay says here: 

Regardless of when the item has been shipped out, late delivery would be considered a valid SNAD claim. At one point shipping the item out during the stated handling time would have been a factor in determining the correct decision in a Return Request, but now we simply look at the delivery date. We are still able to protect a seller against a late shipping defect if the item was shipped out on time, but the buyer would be able to return the item for a full refund if it arrived later than the latest estimated delivery date.

eBay considers the latest estimated delivery date to be part of the description.

If you've already started an Item Not Received refund request @terekhin8282 close that and start a "Doesn't match description or photos" return request, then click Ask eBay to step in after 3 business days and the seller will have to pay for return shipping, or just refund no return needed.

Or if you've incorrectly started a return request with one of the first 5 reasons, leave a private message for eBay on Facebook here with your name and so on, to ask if eBay can change the reason for you, or to simply escalate the return request with that "Doesn't match description or photos" reason instead.

[terekhin8282]

Thank you so much for the professional reply.

[smo309]

Although  an item was eventually delivered. But because thf irem did not deliver between thr specific  times on their invoice order . That is a breach of contract. That technically they  should automatically receive a refund and are not obligated to return the item(s) if they happen to show up later.That just to offer the buyer a full refund to return something that is late, is not a guaranteed benefit, if full refunds are already offered.

Because what if the buyer needed an item for part of their job or Business. That they losh money not having the item on time to preform their job.

Or lets say someone was taking a vacation and didn't arrive before they had to leave on their trip. to scuba dive in Tahiti ( like an underwater camera, drone, or electric surf board.

 Because they knew they wouldn't have time to purchase one on their trip and they missed and lost a memorable once in a lifetime opportunity.     

So who would reimburse the buyers for that? Because its not like a refund is going to do them much good after that. 

Because if any of them had known their item was not going to be delivered by the date it said it was to be delivered and needed it. They would have bought it somewhere else that would have. 

[kh-vince]

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread if you wish to continue to discuss this topic.

Thank you for understanding.