Author Topic: EBAY Purchase Lost in Transit - Advice Please (Read 11722 times)

slcs78 · « **on:** August 28, 2014, 05:31:28 PM »

On the 11th of this month I purchased a folding solar kit via Ebay. On the 12th it was updated as shipped via TNT with a delivery date of the 15th-18th of August. Time got away from me and on the 20th I realised it hadn't turned up so did a search on the TNT website. On the 12th it had left Sydney and on the 13th it had been scanned into Sydney and then nothing. I launched an investigation with TNT and gave the Ebay seller courtesy of an email to inform them. Its now the 28th and despite requesting photos of the panels from the seller they still cant find them (well no Shit, one of your drop kick employees has nicked them probably). TNT have informed me they will continue to search for 10 working days but haven't been forthcoming on what next?

The Ebay seller claims because I didn't request insurance he will only generously reimburse me the $20 postage. So what are my rights. In my thinking, I entered a sales contract with the seller to deliver the panels for $x amount to my door. Whilst its not his fault its sure as hell not mine. If I launch a Paypal dispute will it be upheld??? End of the day I just want my solar panels or my $300 back

Thanks
Scott

JD-120 · « **Reply #1 on:** August 28, 2014, 05:43:11 PM »

surely if TNT have scanned the item into their depo, and not scanned them out, they are responsible??

Otherwise it would be open-season on everyone's parcels. A nice perk of being of the job maybe.

I would raise a dispute with Paypal personally.

paceman · « **Reply #2 on:** August 28, 2014, 05:44:25 PM »

this may help:

http://pages.ebay.com.au/help/buy/item-not-received.html

zzzaaazzz · « **Reply #3 on:** August 28, 2014, 05:57:45 PM »

PayPal will probably find in your favour. If you paid with a credit card you can also use their dispute process which is usually better than PayPal's.

slcs78 · « **Reply #4 on:** August 28, 2014, 06:05:47 PM »

Paid through Paypal on a charge to my credit card. Will launch a pay pal dispute then. I was going to give TNT there 10 days but if they haven't found it in a week there not going to find it now. Was initially happy with the ebay seller but when I asked how long they waited before they sent me a new one and claimed from TNT his response turned immediately to no insurance tough luck, I will give you $20 back. I though insurance covered you for damage in transit anyway not them completely losing it

HKB Electronics · « **Reply #5 on:** August 28, 2014, 06:26:05 PM »

Is a shame when this happens but things do go missing in the post.

If the seller offered insurance and you declined then your going to be battling
to go the seller if he has proof of postage.

In the case of Paypal I'm not sure what would happen, they normally recover
funds from the seller, if the seller has proof of postage then it's not his fault,
I imagine it would become a claim against the carrier by either yourself or the seller
if he wishes to chase it.

I know I have been through the same myself, buyer usually selects the cheapest postage
ie not registered or uninsured but when it goes missing in the mail they chase the seller.
If I think the case is genuine I simply send another item and wear the loss. As I wrote
unfortunately things do go missing in the mail and there are also dishonest buyers out
there so in the end the honest buyers pay for it in the price of the item.

If I send a high cost order and the customer hasn't selected tracking or insurance I'll send it
via registered or insured post at my cost, that way if it gets lost then the carrier has to chase
it up and make good, I would suggest in future if you can't afford to wear the loss then make
sure you select insurance cover.

Bottom line for you would be to keep the seller on side and hopefully he will make good if the carrier doesn't.

UIZ733 · « **Reply #6 on:** August 28, 2014, 06:35:11 PM »

If your Paypal account is linked to your credit card, you could 'dispute the transaction'.

HKB Electronics · « **Reply #7 on:** August 28, 2014, 06:40:28 PM »

Quote from: UIZ733 on August 28, 2014, 06:35:11 PM

If your Paypal account is linked to your credit card, you could 'dispute the transaction'.

Normally if the seller doesn't have a signature you could but via Paypal not sure
as Paypal becomes the middle man, ie the purchase is between Paypal and your
credit provider and I'm sure you have probably waived your rights when you signed
up to Paypal so that Paypal doesn't become liable.

Also there is now a paper trail between the buyer and seller to prove a purchase was made.

slcs78 · « **Reply #8 on:** August 28, 2014, 06:58:56 PM »

When reading PayPals T&C it appears that if the seller can prove they sent it they will win. However on the fair trading website it refers to the terms on listed on the sale. I was never offered insurance, however in his terms and conditions it states "They are not liable for any damage in transport, If you would like to insure contact us"

My package isn't damaged, its lost. I never entered a contract of sale with TNT he did. I have been polite with the seller but have informed them of the above. I have also asked him to put in writing to me what he intends to do to resolve issue if indeed the parcel isn't found. In return I have informed him I will depending on his response investigate all options available to me, including pay pal, credit card provider, Fair Trading and the Civil and Administrative Tribunal.

TBH $300 isn't such a big deal to me, its more the principle

HKB Electronics · « **Reply #9 on:** August 28, 2014, 07:06:04 PM »

Wait and see what TNT do, I would hope if they can't find the item their insurance should
cover the losses.

Cheers
Leigh

bobnrob · « **Reply #10 on:** August 28, 2014, 07:22:58 PM »

Personally believe TNT are the people you should be dealing with
They've taken possession of the item...it's their responsibility!

britts · « **Reply #11 on:** August 28, 2014, 07:36:13 PM »

PayPal has resolved a couple of transactions for me just make sure you lodge within the 45 days from purchase

oldmate · « **Reply #12 on:** August 28, 2014, 08:38:09 PM »

Yep I agree, the seller has sent it, TNT have received it, according to their system, and now they can't find it, is that not why they have state of the rag tracking systems?? As far as I see it, TNT just bought themselves a solar panel.

achjimmy · « **Reply #13 on:** August 28, 2014, 08:50:13 PM »

Credit card charter, you paid with CC and have not received it, dispute your CC with the bank. All others can go whistle dixey. That's why when you verify an account PayPal try there darnedest to get you to use funds not CC, they hate the fees and they hate having no control.

We gotta get something for the arse reaming fees we pay the banks.

callmejoe · « **Reply #14 on:** August 29, 2014, 10:00:17 AM »

Not sure if it true. Or where I read it. But from memory if you have a "problem" of any sort pay pal or ebay must be notified with in no more then a month.

slcs78 · « **Reply #15 on:** August 29, 2014, 10:06:58 AM »

paypal dispute timeframe is 45 days. TNT have asked me to give them 10 working days to find it. Three times ive asked TNT what happens if they cant find it and haven't answered directly. 10 days is up next Tuesday, from that point I will contact my credit card provider and go from there. Ive emailed Dept of fair Trading and asked for clarification on what rights I have in case it goes to Shit. The ebay seller emailed me back with a much better response last night after I indicated I wouldn't take losing $300 and walk away. We will see.

Anyway 30 days to my trailer is ready, but who's counting right

HKB Electronics · « **Reply #16 on:** August 29, 2014, 10:09:02 AM »

achjimmy,

You seem to be forgetting Paypal is in the middle, if you look at your credit card
statement it will show a transfer of funds to Paypal not the merchant.

You have agreed to pay Paypal, they Pay the merchant this is where it gets muddy, Paypal
have received their payment and payed the merchant minus their fee, if you don't receive
the item Paypal isn't worried as they got there payment and fee.

Paypal terms will be if they decide in your favour and they can recover the payment from
the sellers account they will refund your money. If they can't recover the funds then stiff
bickies, also as the seller has proof of postage he has carried out his obligation and therefore
Paypal will most likely respond with it's between you and the carrier.

I haven't checked but I would also imagine as part of the agreement you have with Paypal
that if they don't rule in your favour you have no claim against them.

HKB Electronics · « **Reply #17 on:** August 29, 2014, 10:13:48 AM »

slcs78,

I'm not sure what the agreement is between the seller and TNT, but if TNT have lost
the item then surely they would have to make good to sender?

Check TNT terms, if they cover the loss then the seller could be trying to pull a
swiftly and pocket the insurance payout if applicable?

slcs78 · « **Reply #18 on:** August 29, 2014, 10:23:04 AM »

http://www.tnt.com/content/dam/tnt_express_media/en_au/download_documents/about_us/terms_conditions_March2014.pdf

Mainly legal mumbo jumbo, but by the jist of the contract they have with the sender, I have no right to claim on them!!!!! Will wait untill I hear from fair trading

baldheadedgit · « **Reply #19 on:** August 29, 2014, 01:18:36 PM »

Just to throw a spanner in the works here,,, this story rings a familiar tune... "LHP" "Solar energy store" etc etc etc...
But i could be wrong.. hope so for your sake

BHG

NewieCamper · « **Reply #20 on:** August 29, 2014, 01:43:15 PM »

Definitely raise a dispute with paypal before the cutoff day. If it works out otherwise it's all good. Raising the dispute with paypal might also cause the seller to get a bit more proactive to help find it.

Bullant4x4 · « **Reply #21 on:** August 29, 2014, 02:25:43 PM »

PayPal is great. I don't insure with paypal as they guarantee your item 100%. I've had items not delivered and have been refunded with no dramas. Always pay with Paypal and your 100% guaranteed.

Pipeliner · « **Reply #22 on:** August 29, 2014, 02:45:52 PM »

Contractually:

You entered into a contract with the seller to supply you with goods delivered to your address, and paid the seller.

The seller entered into a contract with TNT to deliver the goods to your address, and paid TNT

If the goods do not arrive your dispute is with the seller: you have no contract with TNT and they have no obligation to you.

PayPal acted as the payment intermediary between you and the seller, so the PayPal dispute system is the one you should use.

Disclaimer: I am not a lawyer, just someone who has a layman's working knowledge of contract law.

slcs78 · « **Reply #23 on:** September 01, 2014, 05:07:28 PM »

TNT have now confirmed the item lost. I've asked the eBay seller what they intend to do going forward. If no adequate response, I will launch a paypal complaint. Have already spoken to my bank and Fair trading. Fair trading has stated I have a case under Australian Consumer Law if it gets that far. Wont share details of seller until I get a resolution

Scott

scarps · « **Reply #24 on:** September 01, 2014, 05:19:02 PM »

Depending on the seller and the value of the item, when this happened to me, I emailed the seller and said 'bit hard to leave positive feedback for you when I haven't received the item', and I had my money refunded almost immediately. ebay sellers don't like negative feedback as a rule.

News:

Author Topic: EBAY Purchase Lost in Transit - Advice Please (Read 11722 times)

UIZ733

scarps