eBay question,,,,,
GRANDAM
Posts: 8,708 ✭✭✭✭✭
I am looking at a coin where the seller says that insurance is at buyers option and that they are not responsible once item is delivered to Post Office and if damaged or lost and insurance is not purchased then tough luck to you,,,,, (I add libbed that part but that is the jest) It is my understanding that the seller is responsible to make sure the package is delivered in good condition. My question is if this package is lost or damaged isn't the seller responsible?
That has always been my understanding,,,,,, anyone out there have any experience with a situation such as this?
If seller uses USPS tracking and it shows as delivered does that let them off the hook if it arrives damaged or nothing in the package?
This is the sellers disclaimer:
(Insurance is at the buyer’s option. Buyer assumes full responsibility for loss of or damage to item (s) once they are shipped if item (s) are not insured.)
What say you BIG eBay sellers?
Thanks,,,,,
Comments
File claim with ebay as not received , he loses. Likely to block you, but still loses that round. Not off the hook until marked as delivered
I've been told I tolerate fools poorly...that may explain things if I have a problem with you. Current ebay items - Nothing at the moment
Common law say it's his risk until delivered to the destination successfully.
bob
What if it shows as delivered but is damaged? Broken slab or something? I guess it would be "significantly not as described" and I win
Buyer always wins. He can say what he wants, but if you file a claim, you will win. If it shows as delivered, but you say it arrived damaged, etc, you will win. If he is a big/good enough seller, ebay may take the loss, and you both win.
This is what I thought but I had never seen a disclaimer like that and wasn't sure if it would make a difference.
Thanks for the replies,
You might have some trouble, but the buyer usually rules the day on eBay.
You have many options: first there is eBay protection (which might include opening the case), then you have Paypal, and if all fails your credit card company will likely be on your side if you did a charge-back.
Case by case basis, they will check buyer & seller history plus tracking. I had it happen with an item showing delivered but was stolen, buyer claimed not received. Ebay refunded the buyer and didn't charge me back. They said both parties had a very good standing with no unusual return or delivery history and they will cover the cost. (Yes I was shocked!)
I would look at the sellers feedback & the price of the item. The sellers terms are clear it would seem so if I didn't like that I would buy from another seller. If I was willing to take the shipping risk for a lower cost item I would just buy it and not pay the extra for the insurance. If I thought I needed the insurance I would pay the extra. It isn't fair to the seller to impose your terms, force a return and cost them money.
Just my 2 cents
Ebay law says the same thing. Belongs to seller until proof of delivery.
ignorant seller or one who is trying to get a few extra bucks.
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Copied from ebay
If a buyer receives an item that wasn't as described in the listing, or if it arrives damaged or faulty, they can return it to you even if your return policy states you don't accept returns.
Insurance protects the seller, not the buyer.
Lance.
How does commercial law treat casual sales? I've never seen a referenced answer to this question.
Too much of disclaimer to any of buyers' liking IMHO ...... pass
Sheeeeeee issssssss back,,,,,,,,,,
@Paradisefound
Welcome back!
Thank you for the sweetest welcome post
Ignorant seller, leftover comment from the old days, trying to shake loose a few more $$, whatever.
Bottom line, worthless statement, and could be construed as guaranteed to lose on the seller's part if shipped with no insurance, as the seller is responsible.
Oh, and welcome back Paradisefound.
@Paradisefound ... Good to see you back.... Cheers, RickO
If you don't agree to the terms, don't bid. Seems simple enough.
By this description all items are shipped FOB destination. Seller is bound by Ebay rules no mater what he writes as terms.
Agree with all the above. Item MUST be delivered or onus is on the seller, not the buyer. eBay requires it, and it's just good business anyways.
Aercus Numismatics - Certified coins for sale
Hi Grand I had an envelope arrive at the post office. It had a tracking number but the problem was it was empty. I made a claim and I ended up loosing. Would your situation be different? After I lost my appeal I gave up it was only a movie DVD. But that was my experience sort of left a bad taste in my mouth. Did the seller ever put the DVD in the empty package? It was left open on one end so the item could of slipped out but. Who knows.
Good luck on your adventure and I hope it ends good. Also that was about 8 years ago. Rules might of changed but that is how long its been since I have been burned. I guess I should feel lucky! 
I never said that I purchased this coin. I came across the auction and read the disclaimer and had never seen anything like that before and was wondring if his disclaimer would hold up. I thought this was putting the seller at risk doing this and just wanted other peoples opinion about what they thought.
Thanks for all the input.
A lot of sellers put all kinds of disclaimers. They may well know that they have no standing and are just trying to discourage people from attempting returns or getting them to pay extra for insurance. In the end, the only policies that matter are those that are consistent with eBay policy (which ever user agrees to) and relevent law.
The seller is responsible for getting the coin to you undamaged. It is his responsibility for risk / insurance.
To shirk this he will lose dispute and get neg.