How I can get cancel my order and get refund due to unexpected import charges?

[alekseytimoshchenk-0]

There is such case: 

Before all  there is link to item

http://www.ebay.com/itm/GoPro-HERO5-Black-Edition-Action-Camera-Camcorder-32GB-Deluxe-Accessory-Bund...

And I am from Israel

My case:

I bought gopro camcoder , but first thing there were no words about imort changes and second to prevent it I asked seller for some reason marked the parsel as a gift(eventually he forgot) .

Result:

yesturday I got the call from ups, and they told me that I need to came and pay import charges (aproximatelly 120$) if I want to get my order.

So I would like to cancel my order, because I can't to pay this 120$ for charges...

I sent mail to saller and asked to refund me 70$ I will add 50$ and will pay for import charges (because I don't thing that it is complytely my fail), but he responce me that I can't cancel my order and I have to pay for import charges otherwise I will lose money and item...

Give me please advice what I need to do.

If I forgot something feel free to ask

Thanks in advance.

[takikawa4 · Accepted solution]

@alekseytimoshchenk-0

Import charges aren't a reason to cancel. First, it's against U.S. law to mark a package as a gift if it really isn't. Second, import charges are a buyer's responsibility and not a seller's. Third, it's too late to cancel since the item is sitting in your country's customs.   You can chose not to pay the import charges and, eventually, the item should be returned to the seller. This, however, doesn't mean you'll get a refund, although, ethically, the seller should refund you at least a portion of the cost upon return of the item.

This is in ebay's Money Back Guarantee:

The buyer is responsible for paying any customs and duty fees for international shipping.

[chiaretta]

You say no one warned you you would be responsible for import charges.

This is taken directly from the item page:

I don't know how much of an experience you have with buying internationally, on ebay or elsewhere, and I'm not sure if Israel has customs treaties which allow for some slack, but it is indeed your responsibility to be aware that something which costs almost 500$ shipping included is likely to attract customs' attention.

The value below which customs will not intervene and the percentage which will be applied if they do varies country by country, no one but you, and certainly not the seller, is expected to make themselves knowledgeable about them.

And another thing: even had the seller broken the law by declaring the package a "gift" it is believed those are the packages that get the most attention from customs officers

[studbkr]

I agree with the others: it's your responsibility to know your own country's taxes, not the seller. Likewise, asking the seller to mark it as a "gift" is something that many sellers are uncomfortable with

[mg152]

I wouldn't commit a crime for you either. The fees are your responsibility

[creoleorchid]

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@alekseytimoshchenk-0 wrote:

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there were no words about imort changes

Yes, it's in the policy that you agreed to when you opened your account.

 I asked seller for some reason marked the parsel as a gift(eventually he forgot) .

No, he didn't forget. He just refused to violate U.S. law and eBay policy.

Give me please advice what I need to do.

You have 2 options. You can either pay the import fees and get the camera or refuse delivery and not get the camera. If you choose the second option, the seller might be inclined to refund a portion of your purchase price if and when he gets the camera back.  But that would be totally his option and neither eBay nor Paypal can force him to do it.

Just for future reference, even though you may have been successful in the past in having sellers mark items as gifts, most sellers will not do this as it would jepordize their selling careers if they got caught.

[rixstuff]

Import charges and customs taxes are entirely the buyer's responsibility.  Sorry but you will have to pay them or leave the item at the customs office forever.

[penguins_dont_fly]

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@alekseytimoshchenk-0 wrote:

There is such case: 

Before all  there is link to item

http://www.ebay.com/itm/GoPro-HERO5-Black-Edition-Action-Camera-Camcorder-32GB-Deluxe-Accessory-Bund...

And I am from Israel

My case:

I bought gopro camcoder , but first thing there were no words about imort changes and second to prevent it I asked seller for some reason marked the parsel as a gift(eventually he forgot) .

Result:

yesturday I got the call from ups, and they told me that I need to came and pay import charges (aproximatelly 120$) if I want to get my order.

So I would like to cancel my order, because I can't to pay this 120$ for charges...

I sent mail to saller and asked to refund me 70$ I will add 50$ and will pay for import charges (because I don't thing that it is complytely my fail), but he responce me that I can't cancel my order and I have to pay for import charges otherwise I will lose money and item...

Give me please advice what I need to do.

If I forgot something feel free to ask

Thanks in advance.

---

Directly copied from the listing:

International Orders:
International orders may be subject to local import fees, duty, customs, VAT charges or additional taxes, depending on the country of destination tax laws.

Photo Video 4 Less is not responsible for any of these tax charges, nor can we offer any specific advice on import fees, duty, customs, VAT or taxes that you may be obligated to pay upon the arrival of your merchandise. Should you have any questions or requests for specific information regarding any of these potential charges, we advise you to consult with your local government import office.

[7606dennis]

Wow!  Five bid retractions within the last 12 months showing on the OP, account.  It looks like paying import fees and duty isn't the only thing the OP has issues with.

[phcd1]

You bought it, you own it. Enjoy your GoPro.

BTW, if you refuse to pick it up, you lose the eBay MBG and maybe your ability to recover what you already paid.

[arun7500]

Don't pick up the item and file an INR through ebay. Of course, what you should have done is backed away from the sale as soon as the seller mentioned GSP. That camera could have been sent regular USPS Priority Insured and the seller would have been protected from loss and you wouldn't have to pay import tax.

[arun7500]

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@phcd1 wrote:

You bought it, you own it. Enjoy your GoPro.

BTW, if you refuse to pick it up, you lose the eBay MBG and maybe your ability to recover what you already paid.

---

Oh Really ?, if it only worked that way, that would be great. Buyer doesn't have to do anything, just let it sit there and it will be returned by itself with that countries Postal guidelines. The USA is 14 days, then we get the INR complaint from the buyer, and ebay forces a refund, since we (Thailand) cant provide delivery information.

[takikawa4]

This is from ebay's MBG:

The buyer is responsible for paying any customs and duty fees for international shipping.

Exception:

• The seller overstated the value of the item, which caused customs fees to be higher

[myangelandmyprincess]

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@morty14 wrote:

Don't pick up the item and file an INR through ebay. Of course, what you should have done is backed away from the sale as soon as the seller mentioned GSP. That camera could have been sent regular USPS Priority Insured and the seller would have been protected from loss and you wouldn't have to pay import tax.

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You seem confused this has nothing to do with gsp that would have charged import upfront.  

Not paying customs and not picking up the package falls under refusing the package and refusing a package voids the buyers money back guarantee. Your advice could leave the buyer with nothing.  Others have suggested refusing it but the buyer needs to know that's a risk. The best bet is to pay the fees.  It was mentioned in the listing the op is responsible not the seller 

[phcd1]

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@morty14 wrote:

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@phcd1 wrote:

You bought it, you own it. Enjoy your GoPro.

BTW, if you refuse to pick it up, you lose the eBay MBG and maybe your ability to recover what you already paid.

---

Oh Really ?, if it only worked that way, that would be great. Buyer doesn't have to do anything, just let it sit there and it will be returned by itself with that countries Postal guidelines. The USA is 14 days, then we get the INR complaint from the buyer, and ebay forces a refund, since we (Thailand) cant provide delivery information.

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It does work that way. The tracking will show refused and/or never picked up. Add to that that the buyer most likely mentioned import duties in an eBay message and the buyer is out the GoPro, out the original shipping (and maybe whatever restocking charges the seller has).