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chazza | 11:00 Mon 27th Nov 2006 | Business & Finance
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I sold a lot of stuff on ebay but I've just had 2 emails from buyers asking when they will receive their items.

I posted it weeks ago, i offered special delivery for an extra �3 but neither of them took it, what should i do, refund them or what?
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You should refund them - it is the seller's responsibility to ensure the goods are delivered.

If they paid by PayPal and you cannot produce a tracking number the refund will be automatic in any case.

You should claim compensation from the Post Office - you can do it on line. You can claim up to �32 for each item provided you have kept the Certificate of Posting.
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Is it still my responsibility even though they decided not to choose the protection?
Yes - it protects you, not the buyer.

As I said, if they paid by PayPal and you cannot provide a tracking number, the buyer will always be refunded. Even if you can PROVE they received the item. (for example they collected it and you took a photo of them driving off with it on their roofrack and are now selling it themselves on eBay).

The seller is ALWAYS responsible, regardless of any terms they put in their listings.
I disagree. If they chose not to take out the tracked postage then they should suffer the consequences. I for one am fed up of conmen operating on ebay and hiding behind technicalities. DON'T REFUND!
You can disagree all you like - but if they pay by PayPal they will get their refund.

It is the seller's responsibility - he has taken out the contract with the courier / carrier and has the necessary paperwork to chase up a refund.

How would you feel if you paid for something, didn't receive it and the seller refused to refund you? It is fraud.

Ebay terms clearly state

Disputes over items not received or received but significantly not as described can usually be resolved by direct communication between buyers and sellers. We provide an online process to help facilitate communication. Our User Agreement state that sellers must deliver the items that buyers purchase from them.

http://pages.ebay.co.uk/help/tp/inr-snad-proce ss.html

If you don't agree with the terms of eBay, don't use it.
Ethel is correct (as usual).

However, you've said 'weeks ago'; is it really weeks? The PO don't consider an item lost for 21 working days (I think). So don't leap into a refund just yet, if that time hasn't expired. (Have a look on the royalmail site for precise details) Tell them to wait, until the PO time limit has expired.
As a continuation to Siamsal:

If they paid by PayPal the terms state that the item must be posted within 7 days.

If the buyer makes a claim on the 8th day for goods not received and you cannot provide the tracking number, the buyer will get a refund. PayPal will not wait for the Royal Mail limit.
Just to back up Ethel's post:
https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_pbp-outside

See section 4g:
"If the buyer claims that the item was not received, you must be able to prove that the item was delivered by providing PayPal with an online-tracking number that shows evidence of delivery."

If you didn't accept Paypal, then you only need to abide by Ebays policy which does not involve trackable numbers - and you will not need to refund the money

I have quoted eBay's rules which state quite clearly that the seller must deliver the goods, regardless of how payment was made.

I have assisted at least 15 people get their money back through the Small Claims Court from sellers who refused to refund for items not received.

These sellers ended up paying costs and have CCJs against them.

Not once have these buyers lost.

I have answered this question in hard facts only, not opinion.
I don�t believe ethel�s claim that you have to refund within 7/8 days is correct.

As a seller you do have to post goods within 7 days to qualify for coverage under the Seller Protection Programme. See point 3.d.1. There�s lots of other conditions as well. This also says (point 3.e) that as a seller, if there is a dispute, you have to provide any documentary evidence within 7 days of Paypal asking for it.

The way I read this is that although you have no obligation to despatch within 7 days, if you don�t, you�ll lose Seller protection.

Under the Buyer Complaint Procedure, section 8 has the obvious �buyer must prove delivery�.

The Buyer Protection Policy has, under point 4.a.1, the requirement that the buyer wait at least a week after the (claimed) posting date before submitting a claim. This section also says that the buyer must first file a dispute using the PayPal Online Dispute Resolution process, before the dispute can become a claim.

There doesn�t seem to be anything in the actual Paypal user agreement about any 7 day limits.
So, I stand by what I said. Tell your buyers to wait until the PO�s threshold has passed, and if they still don�t have their stuff, refund them. I mean, if you refund too soon, and the stuff then turns up, are they going to refund your refund? I think not!

You are responsible for delivering the goods to them (and being able to prove it). Personally, I always use (and charge for) recorded; it�s in both buyers & sellers interests and saves any arguments on either side.

Why were you charging them �3 extra for something that only costs you 68p?

PS You'll have to login to Paypal to see the documents.
Sorry, I see now you offered SD and I was referring to Recorded Delivery/Signed For.
You don't have to refund within 7 to 8 days. I never said that.

If the buyer pays by PayPal it must be posted within 7days.

If on the 8th day the buyer makes a paypal claim that the item has not been received, PayPal will ask the seller to fax the tracking number.

If the seller can't provide that number - paypal will refund the money.

From the PayPal website:

Posting and Posting Documentation Conditions

* The seller posts the item(s) to the buyer within 7 days of receiving payment.

* The seller provides reasonable proof of postage from an independent shipper. The posted goods must be trackable online. Proof of postage should show that the address to which the item has been posted corresponds to the address on the Transaction Details page (see 3. c. i. above). If a reversal occurs, you will need to provide PayPal with the name of your chosen postal company and the online reference number. For your convenience, PayPal provides a list of popular and currently approved services offering proof of posting.

https://www.paypal.com/uk/cgi-bin/webscr?cmd=p/gen/ua/policy_spp-outside
did you get any prooof of posting?
You need to wait the full 28 days, whereupon the royal mail will consider it lost (if you did send it by royal mail that is). You will then need to refund, and take it up with royal mail i think
Yes, ethel, that is the Seller Protection Policy.

It is not a condition of using Paypal. It is a condition of being covered by Paypal's Seller Protection Policy. If the seller doesn't post within 7 days, the transation won't be covered.

A seller can also lose the proection by not/doing lots of other things, as well.
If you string the buyer out long enough then their right to PayPal refund ceases. Stop the cheats. Don't pay up. If they are too tight to pay for recorded delivery then it's their loss and not yours. You offered a decent dervice and they chose not to pay for it - they should suffer and not you. Let them and ethel take you to court. Waste their time and get them back for wasting yours!
And don't accept PayPal on future listings - it takes away the conmen's automatic right to a refund.

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