trouble with post office and ebay

[Reaperman]

Quick question: Why won't/can't the seller file a complaint with the post office?

I mentioned it in our dispute--maybe he will. Tracking shows insufficient delivery attempt and my local post office confirmed I should at least have had a "final notice." Of course I argue no delivery attempt was made, but the paperwork isn't behind me.

 

Actually at this point I'd be happy with the price without shipping back--I'd only be out ~$20 if I went for a lower cost buy-it-now, and that seems like a great alternative to fretting about this anymore. And it's only half as bad as being out $45 more--which isn't acceptable to my pocketbook. Unfortunately I'll still be out money, which doesn't leave me feeling very positive about ordering items online in general.

 

In a perfect world, I'd want my post office to come through, but I can't see it happening. Still, an attempt on the seller's part would be nice, especially since I've wasted so much time on the phone with them.

Edited April 22, 2009 by Reaperman

[Crazy Climber]

ID is Mustclick, though as stated in this thread, I'm under a month away from getting a new post office and will stop ordering very soon anyway (shouldn't be doing it now, actually). I would like to know if you do end up blocking me so I can make a note and adjust my browsing as far as the buy/sell section here.

No, I'm not really going to block you. I don't sell much anyways but damn man, I still don't see how any of this is the sellers fault. I guess we just have different opinions about this.

[Captain Beard]

I still don't see how any of this is the sellers fault. I guess we just have different opinions about this.

This is what I find so puzzling.

Reaperman doesn't think it's the seller's fault, either, yet he still thinks the seller should eat the cost.

I'm still trying to wrap my head around how that possibly makes any sense.

[Atarimania75]

Quick question: Why won't/can't the seller file a complaint with the post office?

Still, an attempt on the seller's part would be nice, especially since I've wasted so much time on the phone with them.

 

This is why get tired of dealing with selling on ebay. Some buyers just think one sided and think no matter what the seller should be the one to pay no matter whose fault it is. You actually expect this guy to be out the $40 since he was the one who shipped even though it was the mistake of the post office? What if some buyers just don't want to admit they didn't follow up on the last notification because they were away at the time? This seller had to spend just as much time on the phone with you as u did him! HELLO!!!

Edited April 22, 2009 by Atarimania75

[Reaperman]

This seller had to spend just as much time on the phone with you as u did him! HELLO!!!

I haven't spoken to the seller on the phone, so that comment is more than a little out of place. I'm kind of taking tone personally, actually.

But as I was mentioning, I *have* spoken extensively with the post office who need a claim filed by the seller. Not that I'd put money on anything comming of it.

 

I don't think the seller is at fault at all, but I know I'm not at fault. So neither of us are at fault, but I'm the one who is supposed to shell out a *lot* more money? I'm no more willing to do that than the seller, so since the item is where it belongs--I consider it returned. Resolving situations like this is exactly what paypal is for. If I'm really being unreasonable, paypal will dish out any punishment comming to me without snotty comments as above.

 

there's a bit of an 'seller versus buyer' mentality around here. A bit misplaced. This isn't really 'some guy' crying in his sake, it's really more of a medium sized internet catalog store with over 40k items sold on ebay--1500+ items a month. sears' or jcpenny's customer service departments wouldn't have any problem with any of this, and I doubt there'd be any venom flying around in here over it.

Edited April 22, 2009 by Reaperman

[Captain Beard]

This isn't really 'some guy' crying in his sake, it's a medium sized internet catalog store with over 40k items sold on ebay--1500 items a month. sears or jcpenny wouldn't have any problem with this, and I doubt there'd be any venom flying around in here over it.

You certainly have a point. I guess I never noticed how big a seller this was (and it's actually over 94k items sold!) so I apologize if I was overly harsh.

[ninermaniac]

I absolutely hate the USPS but in the shipping business it's the best bet. Post Offices need to have a good overpaid arbitrator that is over the Post Master that would be totally biased and make a decision, but they don't. When it comes to the Post Office, you really have to push them. Especially your side because you were the supposed reciever of the package. Man, all I can say is good luck, but it will take time. You are looking at about a month or more before you will get anywhere with them.

[Defender II]

As I understand the pertinent law for most areas in the US...removing as much legalese as possible...

 

An auction/purchase is a contract.

A contract includes an exchange, in this case, money for item delivered. If the buyer paid the shipping company directly or agreed to pick up the item, then it would just be money for item.

If the buyer doesn't pay, they have failed to comply with their part of the contract and the seller is entitled to damages which would equal lost listing fees and possibly more for damages they can prove.

If the seller does not get the item to the person paying the money, the seller has failed to comply with their part of the contract and the buyer is entitled to a full refund of all monies paid including shipping.

The seller is responsible to re-ship the item to the buyer at the seller's expense while they wait for a refund from the shipping company.

 

The seller's other contract is money for services.

The seller paid for a service from the shipping company.

The shipping company failed to provide the service that was contracted and paid for. Transportation of the item from the seller to the buyer. In the case of this topic that also included a certain number of attempts at delivery which were not performed. (Note: 'Delivery Confirmation' is not legal proof of delivery to the buyer. Pay for signature confirmation if you want that.) The seller has a valid claim against the shipping company and can pursue it to get their cost refunded.

 

If the buyer paid the shipping company directly (ex. used their shipping account) and the seller delivered the item to the buyer's shipping company as agreed to, then the buyer has a contract with the shipping company. In that case the buyer would have a valid claim against the shipping company. The buyer would have to pay for the seller to repackage and get the item to the shipper again as well as pay the shipping fees again.

 

Contracts are often found invalid if either party is under age, the contract includes some illegal action, or the terms of the contract are not clear and understood by both parties (often occurs in verbal contracts).

If a contract is found invalid, then the court tries to make both parties "whole"-->return monies and items to the original owner.

 

IMO, the above are why eBay has had to add or change many of its policies. You can research the lawsuits against them at your leisure. There are too many variables, complicated further by eBay rules (read as contract stipulations) that can affect individual contracts, but overall the above applies.

 

Note: The above is an interpretation of US law for the current topic under discussion. I am not providing legal advice.

Edited April 24, 2009 by Defender II

[Reaperman]

well, I requested a refund back on the 21st of last month and got no response from the seller, so today I escalated this from a dispute to a claim.