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Bought item on Ebay from UK seller but now shipped from US; what are my options

  • 13-06-2011 9:51pm
    #1
    cgc5483
    Registered Users, Registered Users 2 Posts: 643 ✭✭✭


    Hi,

    Bought an item from someone on Ebay which was claimed was located in London. Just got an email from them claiming they are in US with work and have shipped it from there.

    Its about €100 so will be liable for customs. Can i just start a dispute with Paypal and get my money back? I have an email they sent me and all.

    Thnaks


Comments

  • #2
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    yes you can start a dispute through paypal and should get all of your money refunded.


  • #3
    cgc5483
    Registered Users, Registered Users 2 Posts: 643 ✭✭✭cgc5483


    PCPhoto wrote: »
    yes you can start a dispute through paypal and should get all of your money refunded.

    Cool. They claim to have sent it already. Can I still lodge the dispute?


  • #4
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    PCPhoto wrote: »
    yes you can start a dispute through paypal and should get all of your money refunded.
    No you cant.

    All the seller will have to do is provide proof of delivery/attempted delivery. it wouldnt matter where it is sent from.


  • #5
    cgc5483
    Registered Users, Registered Users 2 Posts: 643 ✭✭✭cgc5483


    Max Power1 wrote: »
    No you cant.

    All the seller will have to do is provide proof of delivery/attempted delivery. it wouldnt matter where it is sent from.

    Surely though I can make a claim if i get hit with customs to pay?


  • #6
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Not sold as described I'd imagine you'd get your money back. Described as being shipped from UK. Should be here faster and with no customs duty. Not gonna happen with USA shipment. I'd open a dispute and claim for money back on those grounds.


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  • #7
    Solair
    Closed Accounts Posts: 7,230 ✭✭✭Solair


    That seems like someone's intentionally misleading UK and other European customers by faking a UK base.

    You should contact PayPal


  • #8
    biko
    Registered Users, Registered Users 2 Posts: 81,219 ✭✭✭✭biko


    I see this all the time with Chinese firms pretending to be located in UK.
    Parcel shows up after 2 weeks from Hong Kong...


  • #9
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    The only way you'll be able to dispute this is to say it's significantly not as described. File for non-delivery, and the seller may be able to counter that with the tracking information.

    It would be best to wait until it arrives or doesn't though, and see if there is any VAT applied to the delivery first. It may get through with no charge, in which case you'll be OK. If you do get charged, then you should consider refusing the delivery, and it will be returned to the sender. Then start your dispute.

    Customs charges are normally the responsibility of the buyer, and eBay/Paypal would not allow a dispute, but in this case the seller has misrepresented the item's location in the auction, and as such you should be able to dispute any additional charge.


  • #10
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    jor el wrote: »
    Customs charges are normally the responsibility of the buyer, and eBay/Paypal would not allow a dispute, but in this case the seller has misrepresented the item's location in the auction, and as such you should be able to dispute any additional charge.
    cgc5483 wrote: »
    Surely though I can make a claim if i get hit with customs to pay?
    Paypal/ebay dont refund customs charges afaik.


  • #11
    cgc5483
    Registered Users, Registered Users 2 Posts: 643 ✭✭✭cgc5483


    jor el wrote: »
    The only way you'll be able to dispute this is to say it's significantly not as described. File for non-delivery, and the seller may be able to counter that with the tracking information.

    It would be best to wait until it arrives or doesn't though, and see if there is any VAT applied to the delivery first. It may get through with no charge, in which case you'll be OK. If you do get charged, then you should consider refusing the delivery, and it will be returned to the sender. Then start your dispute.

    Customs charges are normally the responsibility of the buyer, and eBay/Paypal would not allow a dispute, but in this case the seller has misrepresented the item's location in the auction, and as such you should be able to dispute any additional charge.


    I guess i will wait and see what happens. Very frustrating that sellers can seem to get away with doing this so easily. The emails she has sent me make out like I'm being unreasonable for assumming there is anything wrong with what she has done


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  • #12
    Solair
    Closed Accounts Posts: 7,230 ✭✭✭Solair


    If she is posing as if she was shipping from the UK, I would contact the British Trading Standards Institute and tell her that you are doing this

    http://www.tradingstandards.gov.uk/

    They have serious legal powers to go after what would be considered a rogue trader.

    There are also possible VAT and income tax implications for what she is doing which I'm sure they could look into.

    If you were expecting something to be shipped from the UK, it could also be a simple breech of contract i.e. you are not getting the product/service you asked for. Thus, the contract probably does not stand up.

    You could instigate small claims court proceedings against her in whatever her jurisdiction is.

    http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure (Ireland)

    http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/using-the-small-claims-court/ (Explains the UK setup)


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