International buyer is refusing to pay import fees to pick up his item

[centanni]

Hello,

I sold a sports memorabilia item to a buyer in Germany.  The item was sent via UPS.  It turns out UPS made 5 separate attempts at delivering contacting the receiver to A) get the import fees paid B) deliver the item but the buyer is refusing.   Now, UPS is "offering" to return the item back to me from Germany at a cost that is higher than what I sold it for!  Is the buyer entitled to a refund since he is choosing not to accept the item?  What are my rights?  

Thank you

Anthony (Whitby, ON)

[brettjet38]

If the Buyer "refuses" the shipment and you have the proof, he has no recourse.

You owe him nothing. 

If he files a claim, you will need to talk to eBay CS.

As for getting it back, if it's not worth it, do not have it returned.  The Buyer refused the shipment, not you.

[reallynicestamps]

When you ship something your shipper gives you the choice of return or destroy when it is undeliverable.

Do you want it back?

BTW- don't ship UPS. There is an archived (pre-GSP) thread over 5000 posts long complaining about UPS and FedEx.

Your customer was not only faced with the normal duty and VAT that he would expect on any import, but also a UPS fee of $25 or more for "customs brokerage".

It was this reason, among others, that encouraged eBay to set up their own shipping service with a service fee of only ~$5US.

[lotzofuniquegoodies]

@centanni 

If the item magically does get returned to you, you could refuse at your discretion. There is still a chance if the original shipping was paid for on account, they could (UPS) still bill your account for that shipping and any customs processing charges. Hope you are able to resolve before it comes to that point.

-Lotz

[pjcdn2005]

As another poster mentioned, when a  buyer files an item not received claim but tracking shows that it was available but that they didn't pick it up or they refused it, they are not covered by the ebay money back guarantee.

I'm not sure if the rules are the same in that respect on ebay.de.  If the buyer actually made the purchase on that site, their rules would apply.   Also, if the buyer files a Paypal claim, they could win because they didn't actually receive the item.  Paypal doesn't have the same rule as ebay although its possible that they would take it into account that it is the buyers own fault that they don't have the item.

It's rarely a good idea to use a courier when shipping internationally.

[travis7s]

If you're shipping internationally its always a good idea to put some kind of disclaimer that the buyer is responsible for customs fees, this can help you in a dispute. eBay has an example on this page.

https://www.ebay.com/help/selling/posting-items/setting-postage-options/international-postage?id=418...

USA has a pretty threshold of $800 so you usually don't have to worry about them.

[brettjet38]

The SELLER does not need to put any disclaimer in the listing, every eBay listing has this in it.

BDR - Buyer Don't Read, is not an excuse.

International Shipping - items may be subject to customs processing depending on the item's customs value.

Sellers declare the item's customs value and must comply with customs declaration laws.

 As the buyer, you should be aware of possible:

- delays from customs inspection.

- import duties and taxes which buyers must pay.

- brokerage fees payable at the point of delivery.

Your country's customs office can offer more details, or visit eBay's page on international trade.

[femmefan1946]

EBay gave us some boilerplate a few years back and I continue to use it.

Even thought BDR. Even though it is essentially meaningless for stopping Disputes.

The buyer who tries this scam is not covered by eBay, but sellers who are newbies or nervous nellies may fall for it.

<font face="Textile" size="+1">Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to bidding/buying.<hr>

[darak10]

sounds like you are out the item but not out the cash, that doesn't sound like a bad deal given most of these types of cases end with us being out the item AND the money.  I dont think he has an ebay leg to stand on re: refusing to pay duty (that's pretty dumb) but I could be wrong.  

I had a couple customers in Russia last year who didnt get their item as their local post office sent it back (god knows why) and 6-8 months later they turned up RTS back on my doorstep and Canada Post told me I had to pay for return shipping ($13 and change) or it went into an abandoned mail bin to be destroyed.  One was worth the $$ to resell so I paid it and the other went to the woodchipper as it wasn't worth it for me - having to refund the guy for it was enough of a loss for me haha.  

Sellers usually never win in dispute cases, I hope this translates into you keeping your cash.