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seller not liable for non-delivery - can they put this in their T&Cs?

6 replies

MadreInglese · 25/02/2011 13:17

Just looking at some items on ebay and have read this in one seller's T&C:

"We are sorry to say we cannot accept responsibility for parcels lost in transit or delayed with the any third party postal service.
We post all items with proof of postage. If in the event an item is not received at the address you provided, it will be the buyers responsibility to make a claim to the Post Office (when applicable) for none receipt of goods. You will be sent the copy of the proof of posting certificate to assist your claim"

Is this right? I thought it was the seller's responsibility to either use a recorded delivery service or otherwise give a refund for non-delivery. Or do you 'accept' a seller's T&Cs as soon as you bid on their item?

(I'm not buying from them btw, but just interested in whether they are right)

OP posts:
sixlostmonkeys · 25/02/2011 13:26

they can put it but it means nothing. they will soon realise that they are in fact responsible when a buyer files a dispute and wins.
No, you are not accepting these T&Cs by bidding; the rules will over-ride them in a case of dispute.
T&Cs like these put me off a seller tbh and i hit the back button. Others may search out such listings as these as they know the items won't be posted rec del and so they simply file and win a dispute and get their goods for nothing! silly sellers

MadreInglese · 25/02/2011 13:29

yeah it did put me off bidding

do people really search out such sellers for cons? blimey!

OP posts:
FabbyChic · 25/02/2011 13:47

They can put it but it means nothing when you pay via PayPal. If the seller cannot prove delivery via an online signature PayPal always refund.

maxybrown · 26/02/2011 17:41

Yes means nothing - and if anyone ever trys to say they will send you the PO receipt, well that's tosh as it was THEY that made the contarct with RM not YOU so it is THEM that would need to claim!

maxybrown · 26/02/2011 17:42

them rather than they sorry Blush

eviscerateyourmemory · 26/02/2011 17:43

These T+C mean nothing. They dont put me off bidding because I know that I will still get my money back if the item doesnt arrive.

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