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

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Originally posted by: oldsmoboat
<<<---- oldsmoboat adds dafatha00 to his DNT list.

Originally posted by: dafatha00
I'd have to take the side of the seller in a case like this. It is not the seller's obligation to insure an item. Hans played his role in shipping out the package and once it was out of his hands, he had no control over it.

That being said, if I were in your position, I'd probably return half the money to the buyer but not a penny more and pray this situation never happens again.

::adds oldsmoboat to his "do you think i give a sh!t list"::
rolleye.gif


Lol, loser.
 
Originally posted by: tcsenter
From NewEgg.com Policy:
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the NewEgg.com invoice.

Title; Risk of Loss: NewEgg.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point (origin), meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier.

Definition of Shipping Terms...

F.O.B. Origin, freight prepaid:

Seller - Pays freight charges
Seller - Bears freight charges
Buyer - Owns goods in transit
Buyer - Files claims (if any)

Terms of Sale:

The point at which sellers have fulfilled their obligations so the goods in a legal sense could be said to have been delivered to the buyer. They are shorthand expressions that set out the rights and obligations of each party when it comes to transporting the goods. Following, are the terms of sale in trade.

- FOB (Free On Board) (ORIGIN OF SHIPMENT): A Term of Sale that means the seller fulfills his or her obligation to deliver when the goods have been passed into the hands of the carrier at the named port of shipment. This means that the buyer has to bear all costs and risks to loss of or damage to the goods from that point.

That should shut a lot of mouths, but it probably won't.
TCS - You have some learning to do.
Yes, thank you for that suggestion. I did a little reading and just proved you don't know any more than most 5 year-olds about terms of sale. Ouch.


Good post. FOB Shipping Point follows the idea that once the delivery service receives the package, the title of the sale is automatically transferred to the BUYER. With FOB Destination Point, the title of ownership is still the seller's but most businesses do not operate this way unless specified. Personally, as a buyer, I do not like the idea of having complete ownership of a product before it is in my hands, and that is why I have sympathy for the buyer in situations like these. But it also goes without saying that the seller is not at fault either.

Many people here on so anal retentive about the seller having full responsibility of the package until it comes into the hands of the buyer. But they don't seem to grasp the concept that the seller has NO control of the package once it leaves his hands. Why should the seller take the total hit? If it were a large corporation that shipped out a package, then yeah, I can understand refunding all the money but we're talking about two traders here. The seller merely wants to sell his product and the buyer merely wants to buy the product. Assuming they are both honest traders, neither has the intent to rip the other one off.

If you ask me, they both have an equal share of risk in the transaction. Neither is at fault when the package is lost; why should total responsibility of the package fall on the seller? The seller didn't do anything in the wrong. He shipped out the package like he was obligated to do but once it left his hands into that of the shipping company, FULL OWNERSHIP was transferred over to the buyer. The buyer also did nothing wrong. He wasn't the cause of the lost package. He paid the money and waited for the package to come. Because the package is lost and no one is at fault, the only fair thing to do is to distribute the monetary loss of the product evenly between the two parties because there is no insurance involved.

Like I posted earlier, I would refund half the money to the buyer but not a penny more. Seems more than fair to me.

 
so looks like there are 4 parties bearing blame. here is my list in order from most blame to least blame:
1) low-lifes living next door who stole the mail
2) mailman/carrier who left it out in the open
3) seller for not insuring it
4) buyer for not requesting better delivery option considering they know they live in an apartment

the buyer would be moved to the top of the list if infact they did receive the item and are just lying, but they havent requested refund so hmm.

suppose the neighbors are mail thieves, i've had a problem of my ATM bank card being 'missing' from univerisity mailroom, but fortunately the bank sent the PIN # separately.

if the buyer had the time and willpower, this is what they could do:
stealing mail is a federal crime, yes? infact just opening somebody else's mail is a crime.


1) set up tiny wireless camera in the area that packages are supposedly left.
2) mail an empty box to urself and clearly make your name visible.
3) if mail theif takes it, u have them on camera. furthermore, they cannot say they accidently pick-up the wrong box, since it is clearly labeled. also if they open it, that is also a crime to open some one else's mail.
4) do not confront the individual, instead do the same set up again (send a 2nd box after the 1st one is stolen) if the 2nd box is stolen by the same person, then u have a definite mail theif, not just a passerby.
5) get cops to raid their aparment, see what other things they have stolen.

also, dont literally send an 'empty' box, put something insde. u might want to put something invaluble like an old sweater, or something clunky so it sounds like electronics. no moron would steal and empty box and take it home with them, they'd get suspiscious immediately.


hopefully nobody will find ur wireless camera and steal it.... but then again atleast u'd see who was taking it also. unless they have an EMF blackout device...
 
Tell the buyer to file a mail fraud complaint with the postal inspectors. That's where this issue needs to be pointed towards. Whether the buyer is lying, the package was stolen by a carrier or someone else, is what needs to be determined in a formal criminal (yes, remember USPS is federal) investigation. The seller has done his job and based upon what has been stated here, completely clear of any fault.



 
well the card suddenly appeared today.


its flaking out on the guy now, but at least it physically exists for rma.
 
Originally posted by: hans007
well the card suddenly appeared today. its flaking out on the guy now, but at least it physically exists for rma.

Aren't you glad you didn't give him is money back?!
 
Originally posted by: Torghn
Originally posted by: hans007
well the card suddenly appeared today. its flaking out on the guy now, but at least it physically exists for rma.

Aren't you glad you didn't give him is money back?!

i dont think anyone was advocating an immediate refund.
 
Funny how it suddenly appeared. My guess is he had it the entier time (it was delivered hence the DC). When he relized he wasn't going to get his money back he decided to complain about it not working.
 
somehow i think he had buyeres remorse. apparently he was running this ti4600 on a p3-800. WHY?!?!?


anyways, i bet i'll get it back it'll test out fine and he'll demand a refund, which i will then make him pay for all shipping fees, ebay fees, and wasting my time fees.
 
then he installs it in his asus p3v4x and p3-800 board, and he says its flakey

I have heard incidents where the Asus P3V4x is flakey with higher end Geforce cards if the latest VIA AGP drivers are not installed. My buddy is running the Asus Geforce Ti4600 on his P3V4x and its working fine for him.
 
this buyer doesn't sound like he really knows what he's doing if he's putting the card into a p3-800 and claims that the package arrived 3 days later.

I think it's the seller's responsibility to state what his shipping/return policies are and have the buyer decide on what he wants to do based on those policies. Although hans is a good a seller, there are a lot of deadbeat sellers on ebay. I don't understand how the seller could not take any extra precautions anyways, whether or not it was a good seller, to make sure that the product arrives. I usually ask the seller if he will purchase insurance for it, if not, then I request that he does at my own cost.
 
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