Question regarding an Ebay occurence

[Kerz]

Well, I won an auction for 4 Foil S-Chinese scepters off ebay Dec. 11. I paid that same night, and the next day I received an email verifying my address. After some confusion with that, the seller emailed me and said that she sent it out Dec. 26 from China. Well, here I am today, with no product. I emailed her mulitple times to no avail. She has like a 600 rating with no negative feedback, but I havnt gotten my stuff yet. Jeff "sameitheealer" Anand also bought stuff around this time and hasn't received it yet either. What action should I take?

EDIT: I filed a Paypay Buyer complaint and...

The payment referenced in your complaint is older than 30 days. As stated in our Buyer Protection Policy, we can only investigate complaints filed within 30 days of the payment date. However, your complaint has been noted in the record of the PayPal member whom you reported.

[Ric_Flair]

So Kerz here is what I suggest that you do.  Write an email explaining the circumstances of the payment and exchange.  Note to them the distance that the cards had to travel and the fact that the seller was screwing around for a while.  State that under these circumstances you believe that the 30 day "statute of limitations" for PayPal actions should not toll.  I would also emphasize that since the deal was not finalized immediately the date that "appears" to be the date of payment was simply the first time, but not the final time, an exchange of goods was discussed and took place.  Try the reasonableness of the statute of limitations argument first, then the confusing date of exchange one second.

If that doesn't work try to use your bank's fraud measures.  They have all sorts of fraud defenses and can track things pretty well.  I would see what they say and follow their lead, but emphasize that the money was stolen, not that you participated in an online auction.  

Try those things first.  And for everyone: this is not legal advice in any way, shape or form.  There is no lawyer client relationship formed by me giving Kerz this advice or by me posting this on this board.  I am simply advising him of a smart thing to do.  Sorry for the disclaimer.

[Bram]

Just out of curiousilty, what did you pay?

Also, this is not likely shipping-related. I've bought cards from Japan on numerous occasions and recieved them within the next week...

[Dante]

Did you use a checking account or a credit card for Paypal?  If a credit card, I would use the same measure if you bought something online and it never arrived.....call the credit card company and have them reverse the charges.

Bill

[BurningIce]

Mail tends to be slower around the holidays.  I sent my Secret Santa gift out to Tanadan in Scotland, and it took almost a month for it to get there, when they told me it would take two weeks max.  I'm not saying that's the case here, but China is really far away.  I'd wait a little longer before complaining.