AIBU about refund from Etsy?

[JoanneCofton]

Just need some advice really!

I use Etsy ALL the time, I get the majority of gifts/things for my house from there and always use a uk seller. I do this because a) Etsy promote supporting uk sellers and b) Delivery times are quicker (usually).

So I ordered an item on the 17th January. The shop stated it was uk seller and was based it London. The item is quite large and cost 60 quid. The delivery time was set from the 1st-3rd Feb, all good and ordered. It was dispatched on the 18th.

So the 3rd came and went a no sign of my item. As it’s quite a large item I had to provide my number so the delivery company could contact me to arrange a delivery date. Once it didn’t arrive I contacted the seller who was very nice and said he would look into it. He then messaged again saying the item was stuck in customs. I was very confused so asked for the tracking number which stated the item was coming from Italy!!! I obviously queried this with him and he explained HE is based in London and therefore the business is a Uk business but the actual product is made in Italy and that this is made clear on his Etsy page. I had another look at the Etsy page and found that right down at the bottom, under all the reviews, delivery dates etc, it mentions the dispatcher in Italy. BUT that is right at the bottom, I’ve never scrolled that far down and plus it is stated twice at the top of the page that it is a uk seller. Anyway so I asked for a refund and he’s said it clearly states in his terms & conditions that he is no responsible for delays with customs.

The tracking states it has been with customs for days but was finally released yesterday but I have checked again this morning and now it says AGAIN that it’s delayed at customs .

So aibu asking for a refund?

I wouldn't contact him anymore. Time to complain to Etsy. Writing to him is pointless.

He is within the law and Etsys policies, unfortunately you do have to read all the information AND if you aren't sure, check with the seller before buying.

He is not responsible for shipping delays or customs issues - complain to Etsy by all means and they may refund you from their funds rather than the buyers IF the item never arrives (unlikely that they will refund you if it does and very unlikely if it does and you refuse it).

Unfortunately, Etsy likes these sellers who jump through their hoops and are effectively drop shipping from other locations, its why I no longer sell via Etsy.

He is within the law

I'm curious how stating something is dispatched from the UK when it isn't is within the law

I also would like to know it, alienspiderbee.

What does it say in the "Ships From" bit in the Delivery and Return Policies (the part where is has the delivery cost)?

As an Etsy seller the OP is totally in the right. I would never check the shops terms - which are usually on a separate page - I'd read the location and description.

I would definitely complain about this. It's done deliberately.

Just seen your post where it says ships from UK. I'd report this shop to Etsy. Production partners have got nothing to do with where the item ships from, if it clearly says that it ships from the UK in the delivery details.

And I bet if you asked on the Etsy forums, you'd get the same advice.

What have other customers said? Are there any reviews mentioning it ships from Italy?

Either way, sounds like the seller knows he's in the wrong but can get away with it.

The reviews are all 5 stars and rave reviews, none that I can see say anything about it coming from Italy but a couple say things like ‘item was damaged by customs but seller replaced item with no issues’ but I clicked on one of the people who left the reviews and it says she’s based in the USA so I’m not sure if the people talking about customs comments are people in the UK or a elsewhere 🤷🏻‍♀️. Anyway I’m going to message Etsy now and see what their response is. I’ll update when I hear anything/if it arrives. Thanks everyone who responded, appreciate all the replies

Can you share the seller's name (not a link or anything).

He's not wrong that you can't list two dispatchers, and the italian shop partner is listed as dispatcher so if he sometimes dispatches from the UK and sometimes from Italy, I guess he should put that in the product description.

I still doubt that breaks any laws, the 'buy from the uk' setting on Etsy is about supporting UK business not specifically avoiding buying from outside the UK.

I don't think its right.. I think he's being devious and I don't agree this sort of thing is what Etsy was originally for nor is it what people expect from Etsy.. but I do doubt you have much chance of forcing a refund if he doesn't want to refund you/forcing Etsy to refund you.

When a seller sets up a delivery profile, which they need to add to each listing, they are specifically asked which country the item is being shipped from. If he's made a mistake, then the seller needs to put it right. The buyer is not at fault here and I can't understand why some people are siding with the seller.

You have done and read all the reasonable things that could be expected of someone looking to buy from the UK so I feel Etsy should side with you.

Not meaning to turn this political but did anyone seriously think when voting for Brexit that the EU would allow us to continue life as is without having to pay the price for the convenience of less customs red tape?

I’m voting YANBU simply because I am currently irritated with Etsy for similar problem. Only the item I ordered ended up coming from the US not EU. Ordered in Nov, but still not arrived. I opened a case on Etsy and they said that their policy is so long as the seller has proof of dispatch, they are not liable for delivery! I told them nope, it’s an export to EU and EU law applies and states seller is responsible for delivering goods within reasonable time but no longer than thirty days from order. Etsy closed the case ruling in favour of the seller. So I am out €85 for a skirt I have not received. It’s criminal and I really really wish I had time and energy because Etsy is breaking laws now.

OP

Raise a case in Etsy to cancel. His listing reads that it dispatches from the UK. It doesn’t matter that he also has that he’s not responsible for delays in customs or customs charges because if the item was dispatched from UK, you wouldn’t have any customs charges. That would only apply to those who are outside Uk buying, not you.

You can’t simply just not accept the item as that’s considered a forced return and you’d be liable for the shipping charges. You’d only get a refund of the purchase price if not personalised. Personalised though means it cannot be resold because it has something unique such as a name or date. Does not apply if it is simply choosing options (such as colours or standard size options).

Raise the case in Etsy and state it is because seller lists as dispatching from UK and it is dispatching Italy.

I sell on Etsy and I think he is being a bit misleading. Not only that, I wonder about his returns policy. If one of my customers changes their mind I usually accept a return. Admittedly I don't do personalised items. If someone changes their mind before I've had a chance to ship it out, I just cancel straight away. If they change their mind after they've got it, I will refund the item but not the shipping. My view is, if I am as amenable as I can be, they come back and spend more later on.

OP

Please have a look here

www.gov.uk/online-and-distance-selling-for-businesses

Your seller, by incorrectly stating on his listing that the item is dispatched from UK, did not disclose to you the full cost as in there will be additional taxes due. His disclaimer only relates to those who would be receiving the items outside the UK who would pay their country import taxes

Please do raise a case in Etsy and if you paid via PayPal, also raise a case there.

PlanDeRaccordement That's bad. Did you buy through paypal? I ordered a ring from India on Etsy which never arrived. PayPal refunded me.

Not meaning to turn this political but did anyone seriously think when voting for Brexit that the EU would allow us to continue life as is without having to pay the price for the convenience of less customs red tape?
No, but then I voted Remain and made sure in the two general elections that followed I voted for a cancel brexit party. Maybe others on the thread who've been affected did too.

@IcedLimes

PlanDeRaccordement That's bad. Did you buy through paypal? I ordered a ring from India on Etsy which never arrived. PayPal refunded me.

Erg can’t remember. I’ll go through my email and see. I hope so.

Just a quick update to say my
Item arrived today!! I’ve left a review to say the product is good and exactly as described but just be aware it’s coming from Italy not the uk so bare that in mind when ordering

Apologies if you have mentioned this already but did it not state on the delivery/payment screen about additional fees?

I had been going to order some items but they would have been dispatched from another country and the customs charge was mentioned clearly on there and the delivery price was high also due to where it was coming from.

I honestly don't mean this to sound argumentative or anything in that way at all - I'm just curious!

I shop an awful lot on there from a variety of sellers so just wanted to ask due to that as well!

I'm glad your item arrived, by the way!

I didn’t have to pay any charges at all sim assuming they’re covered by the seller?

No under delivery it said ‘dispatched from the United Kingdom’

After I posted I thought that would be the case! Baby brain strikes again!