Does this eBay seller owe me a refund??
tincup
Posts: 5,298 ✭✭✭✭✭
Another eBay transaction that makes me wonder why do I do this to myself??
I purchased a roll of silver quarters on eBay.... paid for priority mail shipment as per the sellers instructions.... but did not insure (overlooked by me. Seller stated in auction description that they are not responsible for lost or damaged items if not insured).
Well, package arrived at the PO today. A flimsy size 00 or 000 bubble envelope..... with rip across the front side.... and nothing in it. The seller did pay for priority mail shipping, and had stuck a small piece of priority tape along one side to identify it as such.
So.... is it my loss for not insuring? Or does the seller have responsibility for shipping in inadequate package (a roll of quarters in a small bubble envelope seems rather careless to me, or am I off-base? Why didn't the seller use a free sturdy box provided by the PO???!)
Even if the package would have been insured by me.... would insurance even have covered it since the package arrived? Would the PO make good on something that was inadequately packaged? How would I even be able to 'prove' that there was in fact ever anything of value in the envelope to begin with?
Bottom line.... the loss will not kill me..... I've been in this game for some time and have certainly have had worse situations than this. But some times one of these things happens that just kind of aggravates ya....
So... what would you do? Write it off an move on.... get in a spittin match with the seller.... give negative feedback?
I purchased a roll of silver quarters on eBay.... paid for priority mail shipment as per the sellers instructions.... but did not insure (overlooked by me. Seller stated in auction description that they are not responsible for lost or damaged items if not insured).
Well, package arrived at the PO today. A flimsy size 00 or 000 bubble envelope..... with rip across the front side.... and nothing in it. The seller did pay for priority mail shipping, and had stuck a small piece of priority tape along one side to identify it as such.
So.... is it my loss for not insuring? Or does the seller have responsibility for shipping in inadequate package (a roll of quarters in a small bubble envelope seems rather careless to me, or am I off-base? Why didn't the seller use a free sturdy box provided by the PO???!)
Even if the package would have been insured by me.... would insurance even have covered it since the package arrived? Would the PO make good on something that was inadequately packaged? How would I even be able to 'prove' that there was in fact ever anything of value in the envelope to begin with?
Bottom line.... the loss will not kill me..... I've been in this game for some time and have certainly have had worse situations than this. But some times one of these things happens that just kind of aggravates ya....
So... what would you do? Write it off an move on.... get in a spittin match with the seller.... give negative feedback?
----- kj
0
Comments
<< <i>Seller stated in auction description that they are not responsible for lost or damaged items if not insured >>
If you really wanted to be a butt about it, that disclaimer doesn't mean squat. Insurance protects the seller, not the buyer, and he can argue all day long but still lose if you file a PayPal claim.
Now, normally I would side with the seller since you voluntarily chose not to pay for insurance. In this case, however, considering his crappy packing job and failure to use the shipping method you paid for I'd say he is responsible for a refund.
Russ, NCNE
San Diego, CA
<< <i>Seller stated in auction description that they are not responsible for lost or damaged items if not insured. >>
Why neg him?
For your obvious and admitted mistake of overlooking insurance?
I wouldn't leave any feedback ...
I myself have issues with sellers who think they are doing everyone a favor by sending on the cheap ... I've had a few of those flimsy bubble wrap mailers ripped open upon arrival with no coin in it. One had a MS65 SVDB in it. I always get insurance ... even if not offered .. but that's not the point ... Buyers want the item .. NOT .. file insurance claims ...
In your case the PO provides Priority Boxes so using the bubble wrap was not even needed ...
Answers to your other questions:
If it was insured it would be covered.
You would have to provide the ripped mailer it came in
Your proof would be a copy of the auction and the sender would also have to file.
write it off
I sure would not like to tell someone "sorry that $400 coin did not make it to you, but you are SOL because you did not buy insurance". And besides, if the seller takes Paypal, many times it will be the SELLER that will be SOL from the buyer's Paypal claim.
Check the weight posted if there is one. Shoot the seller a pic of the package. Explain and hope.
If you paid by PayPal, file a Buyers Protection Claim.
Otherwise you are probably SOL
My posts viewed
since 8/1/6
I have rolls of silver quarters.....I will sell you one at my cost to help you re-coup some of your loss.
PM me
Joe
<< <i>Even if the package would have been insured by me.... would insurance even have covered it since the package arrived? >>
Yes.
Had a similar thing happen to me. got a small lot of off-center cents and when the bubble mailer arrived it had a gaping hole in the side. Jumped in the car and headed straight to the PO and filed a claim and they sent the form to the seller to sign and in 30 days I got my money from the po.
And like Russ stated, the seller is responsible for insuring not the buyer. All the seller can do is charge the buyer for the insurance as part of the shipping fee. I have never understood where all the sellers got the idea that just putting that line in their auctions absolved them of their legal responsibility to deliver the purchased item(s).
Edited because I cant spell worth a dang..
lol had to edit my edit..
1969s WCLR-001 counterclash
The seller has a contract to deliver the goods,PERIOD
Dont leave feedback yet and file a complaint with paypal.
I, for one, am in the camp that believes Insurance protects both not just the seller but the buyer also.
Myself I do not give the buyer an option ... Insurance is mandatory ...
I don't think any coin should be sent in a bubble wrap. Even if you tape all the ends and seams I've had too many arrive ripped. Whether they get caught in a sorting machine or ...
Buying top quality Seated Dimes in Gem BU and Proof.
Buying great coins - monster eye appeal only.
<< <i>I am not responsible for any loss is a boiler plate statement that means squat !
The seller has a contract to deliver the goods,PERIOD
Dont leave feedback yet and file a complaint with paypal. >>
Correct on all points! Insurance is for sellers, not buyers - no duh...
John
SFC, US Army (Ret.) 1974-1994
I did email the seller, and will see if any agreement can be reached on this. At this time, I do not plan to leave neg feedback and plan to chalk it up to another one of those learning experiences if need be. I've seen plenty of those on this board! And it's probably time for me to share one of mine.
"When he saw that you didnt pay for the insurance, I'll bet he giggled like a little schoolgirl and then tore the package. I dont think you could win a PayPal claim on this one - he's kinda got you by the shorthairs. "
--- That did cross my mind briefly... that maybe it was.... not accidental. But not going to travel that road since there is just nothing to prove it one way or another.
Hey TwoSides2aCoin, thanks for your generous offer on selling one of your rolls... I appreciate that. But that's ok.... I'll see if I can work something out with the seller first. If I do end up taking the loss, I'll adjust to it and move on. I'll just plan to make it back by cherrypickin at the next coin show I go to! (hopefully ANA in Denver)
You are welcome and the offer stands,
or.... I'll put one on ebay just for good "sportsmanship"
Joe
Kewpie Doll award-10/29/2007
Successful BST transactions with Coinboy and Wondercoin.
<< <i>"When he saw that you didnt pay for the insurance, I'll bet he giggled like a little schoolgirl and then tore the package. I dont think you could win a PayPal claim on this one - he's kinda got you by the shorthairs. " >>
I don't know anyone that would giggle like a schoolgirl. But I wouldn't use a bubble mailer either. IMHO you're just asking for trouble when you use them. Though I have used them, sparingly, for Registered Items.
I really doubt, especially since Delivery Confirmation was attached, when he went to the window at the PO, you have to so it gets scanned in, that the package wouldn't be allowed to be sent with a rip in the packaging.
seller should include the insurance to protect himself. And typing that you aren't responsible for lost or
damaged mail will not work. Paypal will rule in the buyers favor. Been there and done that!
RegistryNut