Item not delivered - am I being impatient?

[SparklySnowflakeKid]

I bought my sister some stuff on ebay on 1st Dec to be delivered Parcelforce 48 hours - said they dispatch within 24 hours - so thought would go out monday or tuesday for delivery weds or thurs - but has not been received and have missed nephews birthday now . I emailed them on thursday asking where the parcel was but got no response so have disputed him in Paypal - he says I have been too hasty and told me to close dispute (has basically frozen any withdrawals on his account) - I paid extra for parcelforce 48. I have asked them to check the tracking number but have had no response again.

I am going to wait a few days and see if he gets back to me - otherwise I will escalate to a claim. If he does get back to me and the parcel is delivered - should I ask for a full postage refund? He is entitled to one from Parcelforce if they fail to deliver.

Am I being impatient or has he failed to fulfill his part of the transaction?

[HeavenisInherwinterunderwear]

I think if you have paid extra to have it delivered within 48hrs you should get it then. If there had been any delayer in the seller sending it out then they should have informed you.
What is the sellers feedback like?

[WhenSantaWentQuietlyMad]

I would say a bit of both. Did you contact him before opening the dispute? Has he offered to make any compensation? Try explaining the situation in an email to him, and seeing what he offers to do.

How annoying though! I hate it when you miss a birthday through no fault of your own.

[WhenSantaWentQuietlyMad]

Sorry, have realised that you said that in your OP. I think your actions are fair enough. If they say that it will be delivered that quickly, and I assume that you have paid more for postage as a result, then it is breaking their contract to do it more slowly.

I think maybe it is quite soon to open a dispute - but you have tried everything else, so I understand your frustration. I think you should get a refund of postage, and you can also leave feedback to explain to other buyers what had happened.

[SparklySnowflakeKid]

I did email him first saying would open a dispute after 24 hours if got no response - amazing he responded within minutes of the paypal dispute!

He is a huge seller - nearly 30,000 but has had loads of negative feedback recently - but not in comparison to sales iyswim!

I suspect they haven't sent it by parcelforce at all - he says on the listing will only be responsible for loss if use parcelforce - which I did - so I feel it is down to him. He didn't even apologise ffs! Most ebay shops would atleast say sorry.

[HeavenisInherwinterunderwear]

He should have been able to give you a tracking number if he did send it by Parcelforce.

[nearlythree]

I am waiting for loads of stuff from different sellers on eBay atm - I think the time of year is slowing things down. It does say somewhere that sellers can't be responsible for delays by delivery services. If he can prove dispatch when he said he did then it is down to Parcelforce, and up to him how far he co-operates with you in claiming from them.

[SparklySnowflakeKid]

and... with paypal you need to claim within 20 days - and you know they will get your messages unlike with some emails which can get spammed. He won't be able to withdraw funds from his account until it is settled. So I think first of all the goods and P&P refund or a full refund with no goods plus an apology is needed.

[SparklySnowflakeKid]

He said he would accept reponsibility if sent by Parcelforce but not normal postage. If Parcelforce fail to deliver something it is up to him to claim from them not me - as he is the customer to them and ordered the delivery. He has failed to provide the goods so far.

[edam]

Legally the seller is responsible for ensuring goods are delivered - you are entitled to a full refund if goods don't arrive. Your contract with him stated 48 hours. It's now long past that. It's his job to hassle Parcelforce, not yours. You are entitled to a full, fast refund. I think you have to say you will reject the goods if they do turn up, though, but it's then up to him to arrange collection, not you. Or to pay for return postage. If he trys to argue, get onto Trading Standards - he can't evade the law just because he's on eBay.

This is all under Distance Selling Regs btw, which apply to eBayers just as much as they do to high street shops.

[edam]

Oh, and he can't get away with 'not my problem if normal postage doesn't deliver'. So he's already breaking the law with his terms of sale. Point this out to eBay.

[SparklySnowflakeKid]

Thanks edam - really helpful

[SparklySnowflakeKid]

No news since friday re tracking .... have left message on his paypal again...