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I bought an item on eBay couple of months ago (beginning of March); payment was accepted and the seller sent the package on its way through USPS mail service to my country. (International shipping)

After about 30 days when it didn't arrive I started looking into it, my local mail service said the package never reached my country so I contacted the seller. He checked with USPS and turned out the package was sent to Brazil instead to my country, but they said to him it should either rebound back to him in the USA or be shipped to the proper place soon so he asked me to just wait.

20 more days passed and I lost my patience, asking for a refund. He said that as long as the item didn't return to him he won't do that as it might reach me any day.

Confident in the famous "ebay Buyer Protection" I tried to open a "Did not receive the item" case but found it's not possible if more than 45 days passed since the payment was accepted.

The item is currently in the void, probably lost forever. The seller is legally right, he done his part of sending the item and does not owe me anything.

I already left negative feedback on him of course.

Is there any way I can get my money back from eBay? (or USPS who are to be blamed of)

Update

One month after posting this, the seller did refund my money, asking me to pay it back if the item ever arrives.

One more month passed and the shoes arrived - apparently they traveled half the world due to shipping mistake of USPS. I paid again, wearing the shoes now and all is good.

I think the question here is still valid though, as this can happen again and can happen to other people.

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    They stalled so that 45 days would pass and you lose out to a scam
    – Eight Days of Malaise
    Apr 30, 2012 at 15:53
  • @Eight actually the seller just gave me refund! Either due to me finding his Facebook account or maybe he saw this very question somehow. Anyway things are now sorted for me, but would still like to know if there's any way to have eBay itself help after this silly 45 days limit.
    – Shadow Wizard Is Sad And Angry
    May 1, 2012 at 7:47
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    @Shadow Wizard eBay cannot remove the limit and leave it open ended. That idea is unheard of. Some manufacturers offer lifetime warranties on their products, but otherwise all retailers have limits on when an item can be returned and a sale can be reversed. The 45 day limit is silly because you waited 50 days. If it was a 50 day limit, you would say it was silly if you waited 60 days. The fact of the matter is that you should have brought this to the attention of eBay much sooner. You cannot avoid your responsibility in this, regardless of how you phrase it.
    – Bon Gart
    May 1, 2012 at 16:24
  • @Bon 30 days shipping is reasonable, I waited too long because I was misled by the seller who counted on me not knowing about the 45 days limit. I learned my lesson though, don't worry. :)
    – Shadow Wizard Is Sad And Angry
    May 1, 2012 at 20:10
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    @Shadow Wizard ok. 30 days is reasonable. At which time, you should have been in contact with eBay, not waiting an additional 20 days.
    – Bon Gart
    May 1, 2012 at 20:56

2 Answers 2

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eBay cannot remove the limit and leave it open ended. That idea is unheard of. Some manufacturers offer lifetime warranties on their products, but otherwise all retailers have limits on when an item can be returned and a sale can be reversed. You believe the 45 day limit is silly because you waited 50 days. If it was a 50 day limit, you would say it was silly if you had waited 60 days. There has to be an arbitrary amount of time, and it was decided that 45 days was enough to determine that a product has not arrived/been shipped/had an issue occur in shipping... and start the ball rolling on establishing a solution with the seller. The fact of the matter is that you should have brought this to the attention of eBay much sooner. You cannot avoid your responsibility in this, regardless of how you phrase it.

I agree that 30 days for shipping is reasonable. At which time, you should have been in contact with eBay, not waiting an additional 20 days.

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Bon Gart's answer is correct. Some additional remarks, the key is to open the case before 45 days has expired. There should be no reason to be shy about opening a case in this situation, as you can close it if you wish or wait for eBay to judge in the case.

However, if you open the case you are empowered to judge if for example you eventually received the shoes (which you did) to give back the refund, whereas if you do not open the case you are at the seller's mercy, though it is the seller's responsibility to ensure it is delivered.

This situation went well, however there are sellers out there who would have refused to refund when the item gets lost and refuse to help in filing a USPS claim.

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