As a buyer, i myself feel that the -ve feedback was extreme. I would have (and have) given neutral feedback in such a case. But i also want to make a few points from buyer point of view.
1. If i see an active listing, i assume it is available. That is the way ebay works and it is the right way. There are some sellers who clearly mention in their listing that item is subject to availability (or that item sent may vary from what is shown in picture but features remain same). In such cases, i always send a message to seller to confirm item is available (or to send pic of currently available item) before ordering. Otherwise, i have to assume that it is available and as shown in listing.
2. Lets say buyer placed order and after that seller finds out that item is not available (your case). In this case, i would see how much effort the seller gives in prompt communication and how much effort HE puts in refunding my money. If the seller is just sitting around waiting for 7 days to complete and refund to happen automatically then it is ebay's system, not the seller, that has given me a refund.
Also, for buyer, it is not just 7 days. After 7 days, ebay initiates refund and then waits for another 5 days for authorising refund (in case seller ships), and then another 2 to 3 days for it to be credited. So buyer waits 7+5+3 = 15 days for his refund. In such case, seller cannot claim that HE gave the refund. He did not do anything.
However, as per ebay procedure, the seller can send a mail to ebay asking it to refund the amount immediately. In this case, ebay will immediately authorise refund and buyer will have to wait only 2/3 days for it to be credited back into his account.
In this case, seller can claim he had given refund because he put an effort, however small into the refund. But so far, no seller i have had such situations with even knows about this let alone implement it. One has to wonder how long it takes to write a small email!!? Heck, mark the buyer in the same mail and you have shot two birds with one stone!
3. I think ebay policies are correct in this matter. It has created facilities to make buyer-seller communication as effective as possible. It is upto sellers to know and use them. Also, ebay cannot restrict buyers because it is against the basic freedom of opinion.
You can contest the -ve feedback in community court, i guess.
-- Signature: I am Jack's complete lack of surprise.
-- Signature: I am Jack's complete lack of surprise.