Legal appeal for item not received: where do I start?
It’s obvious that it is uneconomical to turn to a lawyer to “assert one’s rights” over an item not received.
However, I believe, from what I read online and hear from acquaintances, that the “phenomenon” of “phantom” low-cost shipments via informational tracking (the old standard mail) is spreading.... maybe a nice scam is underway!
It would be a good idea to spread the word so that Ebay and PayPal stop siding with sellers who use, without the buyer’s knowledge at the time of purchase, this service that has no legal value for Poste:
As established by the Universal Postal Service Charter, adopted pursuant to art. 12 of Legislative Decree 261/99, the tracking/reporting functionality does not, in any way, constitute proof of delivery but has merely informational purposes.
In short, if you do not receive the item with Posta 1 PRO shipping
A) The Seller does not refund
B) Ebay does not refund
C) PayPal does not refund
D) Poste does not refund
Finally, WARNING: The seller has no intention of finding an alternative solution, and even if you give them a negative feedback, Ebay deletes it in agreement with the seller. This is because you cannot say that you did NOT receive it.
You risk a real scam to the buyer’s detriment
The question then is: what alternative is there to a “costly” lawyer, to enforce one’s rights?
Consumer association? Competition and Market Authority?
Anonymous User
·3 years agoIn this case the injured party is the seller. After a dispute and receiving an email from eBay saying to wait until September 1, I later received another email telling me that not only do I have to refund the buyer but I also no longer have the right to have the item. I’m attaching the emails. What can I do?
heavenwelkin
·3 years agoEbay gives you a certain amount of time to organize the return procedures with the buyer.
If in the meantime you have not provided the return label to the buyer, you lose the right to get the item back.
The return procedures are clear (just follow the instructions), if in doubt during the process you can contact support or write on the forum.
Right now you can’t do anything else, you’ve lost the right to get your item back.
Kind regards.