Import & Export

[planet_power]

Hello,

If an eBay item (sold on eBay) is exported to a country where it can not be legally imported (retained by postal service)...who is generally responsible?

Seller? Buyer? eBay?

Thanks

[missjen831]

The buyer. The buyer should know they can and can't bring into their country. 

[planet_power]

OK thanks, is that eBay policy or opinion?

[7606dennis]

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@planet_power wrote:
OK thanks, is that eBay policy or opinion?

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Actually, I wouldn't believe eBay policy would matter since it would be up to the Customs Service of the importing country.  If a seller ships something that is banned within a country to that country, there is a good chance that if that country's customs inspectors discover the item it will confiscated.  The seller would most likely lose the item and because the item wasn't delivered the buyer would most likely be able to get a refund.

While a buyer should be aware of their own country's customs regulations, many that buy online are not.  I would advise sellers that ship internationally to familiarize themselves with import restrictions on the items they sell to the countries to which they ship. 

Of course, this is merely my opinion.

[planet_power]

Interesting, I stopped shipping to Italy many years ago because stuff was lost and/or stolen in the mail. My experience was that I had to refund the buyer. Thank you.

[berserkerplanet]

In general, unless a seller is specifically acting as the importer, the receiver is always the importer and is responsible for import restrictions, duties, VAT, etc.

For eBay sales, that would always be the case - except if eBay GSP shipping is used. In that instance, eBay's subcontractor Pitney Bowes acts as the exporter/importer, handles export/import issues, and charges the buyer a premium for the service. (my understanding is that GSP has a list of banned and prohibited items which should theoretically not be able to be listed on eBay from the start, but it is incomplete, overly general and aggressive on some items, and misses some specific country exclusions)

TLDNR; Buyer is responsible for import restrictions unless it's a GSP shipment.

Addendum: Just read your last post and now unclear if you are asking the question in terms of getting an eBay PayPal refund for an item confiscated by customs. If so I don't know. I believe it is still the buyer's responsibility as far as PayPal and eBay are concerned, but with the general "buyer didn't get what they ordered" stance and hidden policies, I just don't know how that would play out.

[berserkerplanet]

Another addendum:
If buyer is using a reshipper, general responsibility falls on the reshipper as exporter (and depending on reshipper's contract with buyer, may also fall on reshipper as importer). Same end result - buyer responsible since reshipper is their agent.

That scenario would also be more clear cut in terms of eBay and PayPal cases too - seller's responsibility ends upon delivery to reshipper. If reshipper ships item on to buyer and buyer's custom service confiscates due to prohibitions, it's on the reshipper and therefore the buyer.

[apache.falls]

neither, it's fact

[sam9876]

I am pretty sure that the buyer could file an INR complaint with PayPal and get a 100% refund.