Wind deflectors from eBay

[wizzywig27]

Hi all

Looking for a bit of advice. I recently purchased some wind deflectors from eBay when I was on holiday. The estimated delivery was when I was back so didn't see it as a problem. In turns out Hermes 'threw it over my back gate' when I was away.

I have logged a complaint with eBay and the seller has admitted that Hermes threw it over my gate (the put this in writing). They are refusing to refund me until Hermes have carried out their investigation.

Now, the allocated time has passed so I can ask eBay to step in, under normal circumstances I'd have let eBay take over by now, but recently I had a parcel left with a neighbour (20 doors down) and they didn't card me. PayPal basically said they would not refund me as it has been delivered. Just worried I will raise it with eBay and eBay side with the seller, whereas if I was to leave it to run its course they would probably refund me anyway.

Any suggestions?

 

[oli356]

So do you actually have the item? Is it damaged or what's the problem?

 

[wizzywig27]

Sorry should have clarified, I do not have the item.

 

[oli356]

I think then I'd give the seller some time to deal with Hermes. I suppose it's the sellers job to deal with who they agreed to deliver the item.

If hermes failed to deliver then they need to recompense the seller. But that could take time..

I usually hear of ebay siding with the buyer for what it's worth. Maybe give it a bit longer to see how things pan out, but I wouldn't want to wait too long to the point where you can't properly engage ebay.

And because many of us on here don't like wind deflectors I need some comment like... "I'd be glad they didn't arrive"

 

[wizzywig27]

IMO they should refund me and then claim the money from Hermes. I don’t understand what Hermes can be investigating, they have admitted it was left over my back gate!

 

[RichardT]

I can’t quite follow why you haven’t got the item if they put it over your gate?
I have also heard that eBay are more likely to side with the buyer. My son has been caught out a buyer who denied getting the goods when there is proof they had.
Unfortunately Hermes are cheap and you get what you don’t pay for.
Finally, yes, wind deflectors

 

[wizzywig27]

Well either someone has taken them, or the driver lied. I’m inclined to think the former as I don’t think any driver would do that...would they?

I definitely didn’t sign for them, I was on holiday until last Monday and they were ‘delivered’ the Thursday before.

 

[oli356]

I'm surprised hermes admitted that it was thrown over the fence.

Its not like the delivery driver is going to tell them that, surely.. (even if he did do it!)

 

[traindweller]

Seems to me that eBay has a contract with Hermes for delivery, and you have a contract with eBay for the goods. Pretty sure that consumer law sees it that way also, unless you specified to eBay you specifically wanted Hermes to deliver of course!

 

[oli356]

Seems to me that eBay has a contract with Hermes for delivery, and you have a contract with eBay for the goods. Pretty sure that consumer law sees it that way also, unless you specified to eBay you specifically wanted Hermes to deliver of course!

Why would the contract me between eBay and Hermes ? Surely the seller and Hermes

 

[wizzywig27]

This was on the PDF they sent me:

Thank you for informing us that you have not received your parcel. We have made enquiries with our courier and can advise you that the parcel was delivered to secure location (behind the gate) on 05/10/2018.

 

[traindweller]

Why would the contract me between eBay and Hermes ? Surely the seller and Hermes

You knew that's what I meant, eBay being the seller who is allowed to sell on eBay using the eBay rules.

This was on the PDF they sent me:

Thank you for informing us that you have not received your parcel. We have made enquiries with our courier and can advise you that the parcel was delivered to secure location (behind the gate) on 05/10/2018.

Surely no signature then Hermes have not got a leg to stand on unless you asked them to throw over the gate.

 

[TonkS3]

If you have an item not received case open on eBay just escalate it to eBay customer service when it lets you do so. If the seller uploads tracking that states the item was delivered then the case will most likely be decided in the sellers favor. You would then need to appeal to eBay for your refund which they usually grant out of their own pocket. They will only do this if you have a clear track record of not claiming items have not been received.

The seller will currently be refusing to refund you because they will be getting GPS co-ords from Hermes to confirm where the item was "delivered". If they can prove it was "delivered" to your address then this covers them with eBay and stops them receiving a defect against their eBay account. I experience this daily on eBay as a seller, although 99% of the claims made by buyers are false. You have to try and keep the customer happy whilst maintaining the health of your eBay account. That said I would never use Hermes but unfortunately they are the cheapest out there which appeals to most.

 

[wizzywig27]

I have escalated it yesterday, eBay are looking into. I am not sure how long this will take. Surely admitting they were left over someone's back gate is not actually delivering an item and providing safe receipt?

It surprises me to hear that Hermes will have GPS, most of them are self employed drivers - or the delivery received from the Saturday was and he was in his own car.

If eBay do not side with me I'll just go to my bank, no way am I paying for something that was 'delivered' over my back gate.

 

[wizzywig27]

so eBay have decided that throwing a parcel over someones fence is perfectly acceptable and decided in favour of the seller! What an absolute joke!

Having looked that have taken a photo of what appears to be my gate. So if he did leave it there and its been stolen then who is to blame? Me or them?

Edit: after speaking to them and them initially refusing to refund, they have now stated that leaving it over someones fence is not acceptable and they have refunded me.

 

[TonkS3]

They still have a PDA that will log GPS coords from each drop and that they are supposed to obtain a signature with. Any tracking that shows an item as delivered (with or without a signature) is sufficient for eBay due to the amount of people claiming they haven't received items when they have.

You obviously aren't to blame and if you appeal to eBay customer support they usually reverse their decision. Alternatively if you paid via paypal you can open a paypal dispute for the sale, however the same process will occur as on eBay (you will likely lose the dispute until you appeal afterwards).

 

[wizzywig27]

Full refund given now:

After reviewing this case, we decided to refund you for this purchase. We did this because the seller did not provide valid proof of delivery.

We're sorry you had a problem with this purchase.

A refund of £29.45 will be credited to your PayPal account within 48 hours.

Does this mean I cant leave negative feedback?

 

[TonkS3]

If you won an appeal to get the refund then I don't think you can leave a negative as the seller will have already had the defect removed from their account.

Totally understand why you are annoyed but also try to see it from the sellers point of view where 9 times out of 10 they have people claiming things haven't arrived (even if the tracking shows it has), trying to pull a fast one. That said, if they didn't upload a tracking number of any kind to eBay when they despatched your order or on the item not received case then its a different story completely - usually they wouldn't have won the initial item not received case if that was the case though.

 

[wizzywig27]

They did upload tracking, the tracking showed a picture of my gate. It also has it stated it was left over my gate. eBay said leaving an item over someones gate isnt acceptable

 

[Phutters]

Does this mean I cant leave negative feedback?

Why would you want to?

Almost every Transit on the road these days is carrying dozens of cardboard boxes from Amazon or eBay, and things are going to go wrong from time to time. That's just the way it is.

Take a representative sample of Amazon reviews. An awful lot of them aren't reviewing what they've bought at all, they're complaining about stuff arriving late or being slung over the neighbour's hedge in the pouring rain.

The more we all shop on the Internet, the greater the chance of this kind of thing happening to you or me.

Yes, it was all a bit of a pain, but you got your money back.

If it was me, I reckon I'd just forget about it and move on.

.

 

[S32B]

Take a representative sample of Amazon reviews.

.

Ohhh don't start me on Amazon reviews or any other type of reviews! It does my head in when you see something you like but not sure which size to go for, so you read through the reviews to get an idea of how they fit, yet all you see are reviews such as:

And the biggest thing that does my head in, is when people say "Brought" and not "Bought"...where did you bring them from lol

Rant over