I sold a book and the buyer chose ordinary book post.
I sold a book and the buyer chose ordinary book shipping. In the listing there was the option to choose registered book shipping, and therefore trackable. The buyer says that he received the payment form with only ordinary book shipping and that, as a result, he did not see the other option. Finally he opened a dispute for item not received and Ebay refunded him, citing the fact that I did not provide the shipment code. And how can the seller provide a code that does not exist? What kind of oppressive rule is that?
11 comments
nicolas_eymerich
·2 years agoSo a lot of sellers who in the item description specify that they don't take responsibility in the case of untracked shipments, and that in the event of a dispute they don't refund...it doesn't mean anything as a disclaimer.
marioelegio
·2 years agoAny contractual statement or provision that goes against legal rules is considered an unfair term and therefore automatically null.
hi
mario
daxsisko
·2 years agorule stated in the regulations and that anyone who has been selling on Ebay for a long time should (or is presumed to...) at least know.....
in practice : if you put untraceable shipping among the options, it's your problem......... let's say you've been lucky so far not to have any particular problems, which however you have to take into account in the overall total of sales.....
marioelegio
·2 years ago……..
Anyway, the buyer has the right to choose the cheapest shipping method, but they should never have to take responsibility for it if it doesn’t arrive.
If they choose from the options offered, that responsibility always remains with the seller.
hi
mario
heavenwelkin
·2 years agoIt could also be that the buyer did not pay attention to the various shipping options; usually we are used to putting the cheapest shipping option first, such as piegolibri or posta1, and then the more expensive ones.
If you want to be sure that the buyer sees the shipping options, you should put the cheapest shipping option as the last option.
Of course, this would not save you from a possible dispute, but at least you would be sure that the buyer consciously chose the cheapest and riskiest option and you could point out to them that it was their choice to click on piego libri since, as default options, you offered tracked shipping that was evidently more expensive.
Best regards.
bianca19940
OP2 years agoI warned a buyer that ordinary book post is not trackable, but they didn’t reply. Sometimes even that precaution isn’t enough.
vonbalden
·2 years agoBianca, distance sales depend on how someone describes their item and on what they offer
to encourage a sale, they attract an audience. Which usually makes the seller giddy because
the rule is: 'the more people watch, the more it’s encouraged!' But we know nothing about who is on the other side. If I look at your listings I see the term pickup point... and I also see economy shipping. Those are two pairings that aren’t a winning combination. Economy shipping is not a good idea. Offer tracked shipping only. If the shipment doesn’t arrive quickly the buyer opens a case and you’re forced to refund. But then you don’t get the book back. Untracked book mail almost always arrives, but not within the timeframe the buyer wants and so you get sunk. Once I sold a comic with economy shipping. After about ten days 'sonomattoper il fumetto' opened a case. I told him to be patient and he got as mad as a Pomeranian fox. I told him I would refund him and that if he hadn’t received anything I would make a second refund. He said: if it arrives, let me know then! One Monday I got a message from his wife that the comic had arrived and she liked it very much. And when I asked whether he could send back the refunded money with PayPal, he replied that he would do it right away! It was 2012 if I remember correctly. Now go to where you offer economy shipping and change all the listings. Best regards from von
bianca19940
OP2 years agoThanks for the reply. In fact, I changed the shipping type on all the listings except for those with items of very little value.
marioelegio
·2 years agoThe rule is absolutely not oppressive; on the contrary, it is a simple application of the civil code.
If you can’t prove shipping with tracking, you certainly don’t get out of the obligation to deliver.
By law, untracked shipping is entirely at the sender’s risk.
hi
mario
bianca19940
OP2 years agoIt's true, but eBay doesn't care. Maybe they feel above the law.
marioelegio
·2 years agoNormally eBay, with a contractual-type agreement, also applies consumer law to private individuals, placing on the seller the responsibility for transport all the way to the buyer's hands.
But in this case there is no need to talk about contractual conditions, since here eBay simply applies the Civil Code (art. 1510).
the seller is released from the obligation of delivery by handing the item over to the carrier [1678] or to the forwarder [1737]
Obviously, without shipment tracking, the seller cannot be released from any obligation.
bye
mario