A small paypal / ebay victory!
ScarsdaleCoin
Posts: 5,245 ✭✭✭✭✭
Recently I won a small item on ebay for 99 cents.... the shipping was an additional $ 4 with an option to take insurance for $1.99....
Fast forward....I pay the $4.99 but do not take insurance etc....after all its a 99c item....
several weeks pass .... no item arrives .... hmmmm ...I look at guys feedback.... lots of sales but a few unhappy customers, same kind of thing...non delivery, item pack so envelope ripped etc...
I email him, saying ....hey no item came, did you send it....he tells me basically nothing nice....except to get lost since I did not take insurance.....them's fighting words....anyway I file a paypal claim..... sidenote....all he had to do was say hey heck Im sorry must of got lost or simple sent me another....
Here is the moral to the story.... His defense was that I did not take insurance so I am out of luck....
My feeling is that is correct, I did not take insurance...I took the risk that if the post office lost the package, hey then I am fine with that....but Mr. Seller show me a proof of mailing at the post office, either a tracking number or even a simple cash receipt showing a package mailed to my zip code on the day you say you mailed it...
You see this person has a long track record of not mailing items.... since the cash value is small no one makes any fuss....so he keeps getting away with it... people dont neg him on ebay since they dont want a neg in return....
guess what.... paypal agreed with me and I received a full refund.....
"We have granted this claim. The online tracking information provided by the seller was not sufficient enough to confirm that the item was shipped to you.You have received a refund of $4.99 USD for this claim. Any portion of your original payment that was funded with credit has been refunded directly to that credit line. Please allow 3 days for the refund to appear in your balance."
was it worth the time, etc... heck no, but sometimes when your right you do have to put in the fight..... A small victory for us good guys!
Fast forward....I pay the $4.99 but do not take insurance etc....after all its a 99c item....
several weeks pass .... no item arrives .... hmmmm ...I look at guys feedback.... lots of sales but a few unhappy customers, same kind of thing...non delivery, item pack so envelope ripped etc...
I email him, saying ....hey no item came, did you send it....he tells me basically nothing nice....except to get lost since I did not take insurance.....them's fighting words....anyway I file a paypal claim..... sidenote....all he had to do was say hey heck Im sorry must of got lost or simple sent me another....
Here is the moral to the story.... His defense was that I did not take insurance so I am out of luck....
My feeling is that is correct, I did not take insurance...I took the risk that if the post office lost the package, hey then I am fine with that....but Mr. Seller show me a proof of mailing at the post office, either a tracking number or even a simple cash receipt showing a package mailed to my zip code on the day you say you mailed it...
You see this person has a long track record of not mailing items.... since the cash value is small no one makes any fuss....so he keeps getting away with it... people dont neg him on ebay since they dont want a neg in return....
guess what.... paypal agreed with me and I received a full refund.....
"We have granted this claim. The online tracking information provided by the seller was not sufficient enough to confirm that the item was shipped to you.You have received a refund of $4.99 USD for this claim. Any portion of your original payment that was funded with credit has been refunded directly to that credit line. Please allow 3 days for the refund to appear in your balance."
was it worth the time, etc... heck no, but sometimes when your right you do have to put in the fight..... A small victory for us good guys!
Jon Lerner - Scarsdale Coin - www.CoinHelp.com
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Comments
BST successful dealings with:MsMorrisine, goldman86
Any chance we can hear the seller's ID so the rest of us can avoid the person?
My feeling is that is correct, I did not take insurance...
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I doubt that his position would hold up in court. He contracted to deliver an item to you and since he has custodial possession of your item he has some responsibility for its safety and security. If you don't pay for insurance then he should. Its not your tough chit if the USPS doesn't deliver since they offer insurance to cover their screwups. the USPS is not a party to the contract between you and the seller. Even if he did send it the burden is on him and not you.
Paul
Way to go.
My first post...updated with pics
I collect mostly moderns and I'm currently working on a US type set.
At least he didn't rip off a trusting customer at the ANA in Pittsburgh for $1K.
Great transactions with oih82w8, JasonGaming, Moose1913.
if it dont get there i know who eats it and it aint the buyer !
even delivery confirm aint enough,that just says it got delivered SOMEWHERE
BTW,if you state a fixed shipping price in your auctions,dont use the postal calculator !
<< <i>Here is the moral to the story.... His defense was that I did not take insurance so I am out of luck....
My feeling is that is correct, I did not take insurance...
xxxxxxx
I doubt that his position would hold up in court. He contracted to deliver an item to you and since he has custodial possession of your item he has some responsibility for its safety and security. If you don't pay for insurance then he should. Its not your tough chit if the USPS doesn't deliver since they offer insurance to cover their screwups. the USPS is not a party to the contract between you and the seller. Even if he did send it the burden is on him and not you. >>
From what I've read, the burden on the seller is to have proof that the item was shipped - and preferrably with delivery confirmation to show that it was delivered. If insured, the seller had better have a record of the insurance. If the seller has this proof and the buyer did not opt for insurance, then the risk is assumed by the buyer. The seller should have no obligation to buy insurance if the buyer opts not to buy it. If an item is swipped off of someones door-step before they get home, how is that the sellers responsibility?
For the most part, insurance is a waste of money - particularly for items less than $25. I have bought and sold at least 200 of items on eBay in the past few months. I had one item I sold damaged in shipping (and I replaced the item even though I had no obligation to do so). Another item shipped parcel post took over 5 weeks to get there, but everything I've shipped has reached its destination. When I buy items, I like sellers with low shipping charges and optional insurance and I nearly always opt out of the insurance. Had I paid for insurance on all of these items (or bought from sellers with higher s/h with required insurance), then I'd have paid $200+ more for the items I bought. Eventually, something I buy will not show up. If the seller can prove he sent it - then I am out of luck. But since most things I buy are under $100, I am still in the green when you consider what I've saved by not buying insurance.
If we are talking a 'big ticket' coin (not a .99 cent item), then insurance is more appropriate. If the seller is smart, insurance would be manatory. If the buyer really wants the item and is not willing to risk the loss, they should buy the insurance if it is not incuded. But even here, I go cheap -- buying insurance at the highest $50 increment that is below the value of the item(s) being shipped (e.g. I may insure a $225 package for $200). So, if lost - I recoup most of the cost.
Insurance is like a lottery ticket. Most of the time, you pay money for nothing. Occationally, there is a payoff. But if you do the math (for either the lottery or package insurance), it is clear that the smartest move is not to play the game.
KR
TC71
<< <i>If an item is swipped off of someones door-step before they get home, how is that the sellers responsibility? >>
That is negligence on the part of the carrier and is covered under their insurance. The seller hires the carrier, the buyer does not, therefore it is the seller's duty to insure against any nonperformance by the carrier.
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since 8/1/6
<< <i>I hope the guys account is debited and Paypal just doesn't eat this.....Who is he?
Paul >>
That's what I thought too.
If this is the case, and Paypal ate the cost, then the bad guy still wins.
If I only had a dollar for every VAM I have...err...nevermind...I do!!
My "Fun With 21D" Die State Collection - QX5 Pics Attached
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I don't think that is true, it is the seller who hires the carrier on behave of the buyer, the buyer could have send his own carrier to pickup the item. In business, all merchandises belongs to the buyer once the carrier takes possession.
San Diego, CA
I don't think that is true, it is the seller who hires the carrier on behave of the buyer, the buyer could have send his own carrier to pickup the item. In business, all merchandises belongs to the buyer once the carrier takes possession.
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There are times when it just makes good business sense for a seller to bite the bullet and pony up for some insurance if the buyer does not. You will save yourself a lot of hassle if you do. Its best just to include it in the S & H.
If a seller chooses a shipping method that carelessly flops packages on doorsteps - in public view - then yes the seller is responsible for non-delivery.