ebay buyer "lost" product, what would you do? IT HAS BEEN FOUND!

[rgwalt]

I don't mean to tell you how to do business, but DC isn't worth anything. I always ship with insurance because insurance provides DC, plus the package doesn't get left in the open. Fortunately my carrier and apt complex is really good, and anything shipped w/ insurance or sig conf gets left at the office. Besides, my community is practically a retirement home anyway. Old people all around me. My suggestion is to try and help the buyer out with a few well-placed phone calls. However, if the package doesn't materialize, bite the negative e-Bay rating, respond to the comment, and learn a lesson. Always get insurance or sig conf. I understand your feelings about insurance, but make sure you utilize some form of shipping where the buyer's signature must be present for delivery, otherwise you get the value of the product plus the shipping refunded to you.

Good luck.

Ryan

 

[FelixDeCat]

It is *ALWAYS* the sellers responsibility to do everything in his power to insure that the item is delivered. That is why *YOU* pay for insurance. Your opinion of insurance or past experiences doesnt matter.

 

[NogginBoink]

Originally posted by: SirDante
What I'm hearing here is totally against what I normally hear in AT F/S. Basically it is the seller's responsibility until the buyer has the goods in his hands. Also it is the seller's responsibility to insure his product.

I couldn't disagree more.

So, I buy something, have the seller ship it to someplace where I know I won't be around to pick it up and other people might see the package in the hallway, and if it's missing before I get home, it's the seller's fault? I think not.

As the buyer, it's my repsonsibility to ensure that I can be there to accept the item, or make arrangements so that the package can be secured until I can pick it up. This means paying the seller to insure the item, or paying the seller to ship UPS/FedEx/Whatever.

The seller did his responsibility when he sent the item. Once it leaves the seller's hands and is put into the custody of a carrier, I don't see how you could possibly hold the seller responsible for what happens after that.

The buyer is the one assuming the risks by not asking the seller to insure the item and shipping it with a reliable carrier.

 

[tcsenter]

It is *ALWAYS* the sellers responsibility to do everything in his power to insure that the item is delivered.

Of course, which is why you address the package properly, use appropriate packaging to prevent casual damage, and ensure the package gets to the carrier. Once you've handed off the package to the carrier, you hand off all responsibility for it to the carrier - PERIOD.

I'm not entrusting my package to Fred the retarded neighbor kid, I'm entrusting my package to a PROFESSIONAL AND LICENSED CARRIER.

It is not my responsibility to ride along with the package from California to Maine, in the cargo hull of a jet that is 10 degrees below zero at 30,000 feet, just so I can say that I've "done everything in my power to insure that the item is deliverd". These are professional carrier services, it is not my obligation to hold their hand to make sure they are doing their job.

If you've addressed the package properly, packaged the package properly, and ensured the carrier receives the package, your obligation and responsibility ends.

 

[NogginBoink]

Originally posted by: FelixDeKat
It is *ALWAYS* the sellers responsibility to do everything in his power to insure that the item is delivered. That is why *YOU* pay for insurance. Your opinion of insurance or past experiences doesnt matter.

The seller, in this case, *did* do everything he could to ensure the item was delivered. He shipped it and got delivery confirmation.

I don't see how the seller could have done more unless he'd followed the mail carrier on his route.

If insurance or alternate shipping is required, it's the BUYER's responsibility to ask the seller to use those facilities, and the buyer's responsibility to reimburse the seller for those facilities.

 

[shurato]

That's why I think from now on you should put a disclaimer on all your auctions and give them multiple options of shipping methods...such as usps, ups, fedex, and they can pay for whatever they choose. Let them know your not liable for lost items after its been shipped and that they have the option for insurance. Your not some retail store, you cant afford a loss just as much as the buyer probably cant either. I sell sometimes on ebay and reading this, I am going to follow my own advice. I've sold high dollar items before and only used usps priority with DC. Btw, ebay is slightly different from heatware trading guys. There "are" some protections for the seller and buyer (more for the seller)...but more often then not either party is screwed because ebay usually cant or wont do anything. (Doesnt ebay cover a certain amount of money for each auction? It's been a while since i read their rules and info.

 

[SnoopCat]

i live in one of those irvine complexes (cornell). they either put it in the bigger mailbox if it fits and leave the key for it in ur regular mailbox. other than that, they will leave it in ur back patio (if you have one).

 

[Lucky]

Its my opinion that you are in the wrong here. You should have gotten the proper insurance and/or signature confirmation in this case. Since you failed to, you should refund the money. If this had happened in the FS/FT forum, people would be jumping all over you. I dont get it.

 

[Johnnie]

i always insure for anything over $100..that way the recipient has to sign for the item

 

[Lucky]

The buyer is the one assuming the risks by not asking the seller to insure the item

Only if the seller specifically states that insurance is optional.

 

[Sepen]

I feel for the guy, He is the one getting screwed, not you. You really should have insured a $250 item, what if it was delivered and didn't work due to damage? My gawd, a few extra dollars is all one is talking about.

 

[prontospyder]

I shipped a phone via priority mail insured to an eBayer. Two weeks later, he didn't get it and left me negative feedback. About a month after sending my package, I emailed him telling him I'll file an insurance claim and he told me that he got the package. Argh.

 

[Salvador]

I wouldn't certainly insured it if it's worth more than $100. I always note in my winning bidder email that insurance is optional, but recommended. I package very well and there shouldn't be a problem unless the package gets lost. However, if the package does get lost or damaged, I am not responsible for it.

About the only thing you can do at this point unfortunately is either refund him the money, hope it shows up or take a negative feedback for this transaction. 🙁

Sal

 

[hans007]

Originally posted by: Sepen
I feel for the guy, He is the one getting screwed, not you. You really should have insured a $250 item, what if it was delivered and didn't work due to damage? My gawd, a few extra dollars is all one is talking about.

if it is broken, i could return it back to the OEM through the channels it came from. thus i did not insure it for damage, as asus will take care of that.

he would have recieved a new card had he returned it dead, or his money back. however if i do not get anything physically back from him which is this case . he did not ask for insurance and he knew the terms.


the last time this happened it showed up a week later, so i'm hoping it gets to him if it really isnt there.

 

[tcsenter]

Anyways, i am not gonna give this guy a refund no matter what, as its not my fault if people steal his mail. now had i insured this , and i didnt because i know usps will never give me money , they wouldnt have given me money anyways since it says it was delivered.

Ok, I've amended my position somewhat after reading the USPS policy.

First, if you didn't insure because you claim the USPS won't pay-out for lost packages, that is flat wrong. That is precisely what insurance is for, they MUST get a signature from a REAL person if you insure, so theft of a package because they left it in the hallway of an apartment complex is considered a COVERED LOSS if you insure.

Second, I stated earlier that your obligation ends once you hand the package over to the USPS, but that isn't exactly correct. The SENDER must file any claims or lodge any compliants, not the recipient. So you ARE at least obligated to act as the recipient's advocate in this matter. Even though the package is not covered, you still should contact the Post Office and file a complaint so they can at least determine whether or not the package was delivered to the wrong address or just left in a common area, so that you both have a better idea of what happened to the package.

If the package was left in the common areas of his building, I would just explain to him that you cannot control what the USPS does. The goal here is to at least try to reason with the guy, maybe he will understand.

 

[olds]

Originally posted by: Lucky
Its my opinion that you are in the wrong here. You should have gotten the proper insurance and/or signature confirmation in this case. Since you failed to, you should refund the money. If this had happened in the FS/FT forum, people would be jumping all over you. I dont get it.

I agree with Lucky.
EDIT
I just checked your Heatware. You know better than this.

 

[hans007]

Originally posted by: tcsenter

Anyways, i am not gonna give this guy a refund no matter what, as its not my fault if people steal his mail. now had i insured this , and i didnt because i know usps will never give me money , they wouldnt have given me money anyways since it says it was delivered.

Ok, I've amended my position somewhat after reading the USPS policy.

First, if you didn't insure because you claim the USPS won't pay-out for lost packages, that is flat wrong. That is precisely what insurance is for, they MUST get a signature from a REAL person if you insure, so theft of a package because they left it in the hallway of an apartment complex is considered a COVERED LOSS if you insure.

Second, I stated earlier that your obligation ends once you hand the package over to the USPS, but that isn't exactly correct. The SENDER must file any claims or lodge any compliants, not the recipient. So you ARE at least obligated to act as the recipient's advocate in this matter. Even though the package is not covered, you still should contact the Post Office and file a complaint so they can at least determine whether or not the package was delivered to the wrong address or just left in a common area, so that you both have a better idea of what happened to the package.

If the package was left in the common areas of his building, I would just explain to him that you cannot control what the USPS does. The goal here is to at least try to reason with the guy, maybe he will understand.

based on the emails and stuff with the guy so far, i'm thinking i'll probably give him half the money back if it is undetermined where it is, in 2 weeks. he has not demanded money just yet, but its getting to that. and yes i have 200 something heatware and nearly that much on ebay, first time this has happened so i guess i've just been lucky or something.

 

[Yo Ma Ma]

I always insure any item sold I don't want to take the 'hit' on if un/mis-delivered... pass along the ins. cost to the buyer unless I'm feeling generous. I suppose most of the time a package arrives at its destination regardless of insurance, but I don't like to rely on the kindness of strangers. If I shipped w/o insurance, I would explore options of tracking or retrival but I doubt they will provide much if any relief. Unless your buyer made a point of declining insurance then you need to replace/refund, IMO.

 

[tcsenter]

based on the emails and stuff with the guy so far, i'm thinking i'll probably give him half the money back if it is undetermined where it is, in 2 weeks. he has not demanded money just yet, but its getting to that. and yes i have 200 something heatware and nearly that much on ebay, first time this has happened so i guess i've just been lucky or something.

Well that would be generous of you, but you certainly aren't obligated to do so. As someone mentioned, it *IS* his responsibility to ensure that he is there to accept delivery of the item or make arrangements to ensure that the item is securely held until he can pick the item up if he cannot be there. This is unequivocally his responsibility, insured or not insured, he is obligated to be there or make other arrangements if he cannot.

 

[Lucky]

As someone mentioned, it *IS* his responsibility to ensure that he is there to accept delivery of the item

thats fine and dandy if you have a guaranteed delivery date, but you cant expect someone to stay at home from 8-5 for a week waiting for a package to come just because the sender didnt get insurance or signature confirmation.

 

[tcsenter]

thats fine and dandy if you have a guaranteed delivery date, but you cant expect someone to stay at home from 8-5 for a week waiting for a package to come just because the sender didnt get insurance or signature confirmation.

Then he needs to communicate to his Post Office to hold the package for pick-up if nobody can be home. Its that simple. Only HE can know his personally unique circumstances, it is unreasonable to presume a seller knows the intricacies of 275 million people's daily lives and the standing policies of their local Post Office.

Alternatively, you CAN address a parcel to a person C/O the Post Office with instructions to hold for pick-up, but you must communicate this with the seller. He failed to.

 

[FelixDeCat]

Originally posted by: tcsenter

thats fine and dandy if you have a guaranteed delivery date, but you cant expect someone to stay at home from 8-5 for a week waiting for a package to come just because the sender didnt get insurance or signature confirmation.

Then he needs to communicate to his Post Office to hold the package for pick-up if nobody can be home. Its that simple. Only HE can know his personally unique circumstances, it is unreasonable to presume a seller knows the intricacies of 275 million people's daily lives and the standing policies of their local Post Office.

Alternatively, you CAN address a parcel to a person C/O the Post Office with instructions to hold for pick-up, but you must communicate this with the seller. He failed to.

Tcs,

You have some learning to do. The seller assumes absolutely no responsibility, except to avoid dealing with people who dont know any better and being trolled. Case law clearly favors the buyer in almost all instances that I can remember. If I were the buyer in this situation we would be headed to small claims court unless I got a full refund.

 

[olds]

tcsenter
What knowledge are you basing your statements on?

 

[Lucky]

Originally posted by: tcsenter

thats fine and dandy if you have a guaranteed delivery date, but you cant expect someone to stay at home from 8-5 for a week waiting for a package to come just because the sender didnt get insurance or signature confirmation.

Then he needs to communicate to his Post Office to hold the package for pick-up if nobody can be home. Its that simple. Only HE can know his personally unique circumstances, it is unreasonable to presume a seller knows the intricacies of 275 million people's daily lives and the standing policies of their local Post Office.

Alternatively, you CAN address a parcel to a person C/O the Post Office with instructions to hold for pick-up, but you must communicate this with the seller. He failed to.

He also failed to take proper precautions and get insurance or delivery confirmation. On a $250 item, I think that's pretty much standard instead unless the buyer specifically declines. I dont want to rag on hans too much here, but I agree with felix, if I was the buyer in this circumstance I'd head to court if I didn't get a refund.

 

[hans007]

Originally posted by: Lucky

Originally posted by: tcsenter

thats fine and dandy if you have a guaranteed delivery date, but you cant expect someone to stay at home from 8-5 for a week waiting for a package to come just because the sender didnt get insurance or signature confirmation.

Then he needs to communicate to his Post Office to hold the package for pick-up if nobody can be home. Its that simple. Only HE can know his personally unique circumstances, it is unreasonable to presume a seller knows the intricacies of 275 million people's daily lives and the standing policies of their local Post Office.

Alternatively, you CAN address a parcel to a person C/O the Post Office with instructions to hold for pick-up, but you must communicate this with the seller. He failed to.

He also failed to take proper precautions and get insurance or delivery confirmation. On a $250 item, I think that's pretty much standard instead unless the buyer specifically declines. I dont want to rag on hans too much here, but I agree with felix, if I was the buyer in this circumstance I'd head to court if I didn't get a refund.

i dont get this, so a person can just randomly claim that he never gets things and he'll always win in court. i mean, so the next time i buy stuff on ebay, i'll just put it in the closet, and claim that i never got it, so then i'll get a refund right? i mean based on what you guys are saying this is easily possible