QLD Is this agreement legally binding ?

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cakeforbreakfast

Active Member
29 December 2022
10
0
31
(Context)

So I recently made a purchase on eBay and i the item I received was not the same as it was advertised. So I contacted the seller and arranged a return to be approved.

Soon after the return was approved I received email from eBay that said the seller could not provide the return label. Please contact them to arrange it or for reimbursement. The email also Cleary said the seller is responsible for the postage fee.

So I made a few requests for the postage label but the seller isn’t to happy about paying postage (they In the US and I’m AUS) and I was unable to obtain a prepaid postage label from the seller For a number of days

So I contacted eBay support (what follows relates to my question).

  1. They reviewed my case and confirmed it is the sellers realisability to pay for postage.
  2. The resolution eBay offered to encourage the seller to move things along was that the case would be put on hold for five days and an email would be sent to the seller telling them to provide the postage label within 5days or the purchase will be refunded and I don’t have to return the item. I was told by eBay after five days the order would auto refund I don’t even need to contact them about it.
  3. I agreed to to solution and that was that.
  4. 7 days later no label was received and no refund either.
  5. I made contact to eBay and I was told by the support staff here what they are going to do. Place it case on hold for five more days and give the seller one last chance to comply.

At this point I have mentioned everything that was said above and that eBay had already offered a resolution and they I had agreed to it. It was a written agreement between us which is as good a last a contract and I said eBay cannot change the solution now after already been waiting 2 months for a refund. Pretty much everything I pointed out was ignored and I was talked over and then they intentionally ended the chat session. I then started another chat with support and suprise they disconnected.

Seems like a case of selective reading where they and only taking the information from my communications that suit them today and are going out of their was not to hear what I have to say. What’s to stop them doing the same thing again after another 5 days.

Am I right to believe they eBay made an offer to me which I accepted? The duration of the contract was fulfilled and the and it was complete and it was time to refund my money they and they now reneg on it.

Would I be legally entitled to keep the item i purchased and if eBay does not refund the money request a charge back from my bank?

Thanks
 

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