Not necessarily. Under some states’ laws, unless the contract specifies otherwise, the seller’s responsibility ends when he delivers the item to the shipper, and the risk of loss transfers to the buyer at that time. If you see the term “FOB” in a sales contract, that’s what it means - risk of loss transfers at time of delivery “freight on board,” i.e., delivery to the shipper.
I have no idea what is in the standard ebay contract, what state either party is in, what state’s law would govern the sale, or what the governing law is in whatever state’s law controls. But it is entirely possible that once the shipper delivered the iPod to UPS, he is indeed off the hook.
I can’t add a whole lot that hasn’t already been said, but I would like to chime in on the side of the buyer. I can’t find the cite, but I believe that the eBay seller contract does make the seller responsible for safe delivery of the item, not just getting the piece to UPS. I wouldn’t leave negative feedback for the seller unless they are being jerks about not helping you, but I would start putting pressure on them to get you a refund.
Remember, once you have left negative feedback you have no leverage anymore. The seller will usually work with you right up until the point that you leave a neg, so only leave one if you feel that you have no hope of getting either a replacement or a refund.
But you can file an item not received dispute. I would give the seller a friendly heads up before you do it. Let them know it is just so you have a paper trail and everything is out in the open with eBay. But I promise you that a dispute will make any conciensious seller jump.
You’re argument seems to be fragmenting here. Are you upset that you didn’t get the item or that you were overcharged for shipping or that he didn’t file a claim with UPS for you? If you were overcharged for shipping that is partly your own fault by agreeing to pay that amount for shipping and sending him the money. As for the UPS claim, this was something i was unaware that you could do through UPS. Perhaps the seller is too. Have you asked them to file a claim with UPS on your behalf?
So now we’re back to the unreceived item. You’re analogy to Scott’s Lawn is not accurate as they provide a service that can be immediately verified (shorter grass).
I understand that you paid in good faith but they held up their part of the sale. They took the item to UPS and they filled out the correct address on the shipping label. What else can they do after that? Sure, they probably should have required signature confirmation but you could have also asked for it beforehand if it was that important to you.
Yeah, you probably should just deal with larger companies. You should also be sure to carefully read return/refund and shipping policies for any merchant you buy medium to large ticket products from.
That being said there are other avenues you can pursue. If you paid for the item with a credit card you can file an “Item Not Received” dispute with your card issuer and get your money back. Keep in mind though that after you do so the issuer will just pass on that loss to the merchant. Personally, I think this is a questionable thing to do because that process is meant for situations when the seller never shipped the item. So unless you think that the seller purchased a shipping label that they never intended to use, I don’t think its appropriate.
Do what you will though. I’m sorry you got ripped off Khadaji. I’m not sure who ripped you off though. Maybe a neighbor will come over in the near future with your iPod saying that it was delivered there by mistake? It’s been known to happen.
I could be wrong but I think eBay’s policy is to require the seller to obtain signature confirmation on sales greater than $200. That’s just an educated guess though.
Sorry that was inaccurate. I should have said that if you think the seller purchased shipping and shipped an empty box while also arranging to have it taken after being delivered to your house.
My point is that I have paid *them *for shipping - and not just the money they owed UPS. In other words, since they have accepted money in excess of the UPS charge they have made a profit on shipping, they have been paid to be responsible for shipping. I have paid *them *for *their *shipping services. I found their rates agreeable when I thought I was going to receive my item. I accepted the rates when I believed that they would be responsible for me receiving my item. Am I upset because I didn’t receive the item? Yes. Am I upset that he overcharged on shipping and will not file a claim for me? Yes. Yes to all your questions about me not getting the service I paid for.
Yes.
this is quite easy to show - show me a signature. I have requested to see one.
the only thing important to me is that they provide me with the goods that I have paid for. It is the responsibility of the seller to be sure I get it, just like it was my responsibility to see that they were paid. I fulfilled my responsibility. I am comfortable with whatever means they take to ensure that it happens - as long as they ensure it happens.
The seller’s problems are not mine. My problem is, I have paid for an item that I have not received. It really is that simple. If he did not require a signature, he can not prove receipt. That is a problem for him. I have kept my end of the bargain by paying in good faith. He had several ways of covering his problems: He could have required a signature. He could have used the excess money he charged me for shipping on insurance. He chose to do none of those things and that is unfortunate for him, but on my end, I still expect my item.
If that happens I will offer the seller a sincere apology.
If there is a UPS label, get the tracking number, go the UPS site and track it. If it shows a pkg was sent and delivered to you, this is not the shipper’s fault, it is on UPS. If shipper had shipped it through Vito’s shipping or some other crackpot service, I would say it is his fault, but how else is he gonna get it to you other than through the post or UPS, FEDEX, etc.? Tracking the shipment will also let you see if the pkg was actually delivered or if it is lost somewhere in the UPS system, or if it even existed. There is no charge to get a UPS label, I can right now go to our UPS deal here at work and print 50 labels with 50 numbers, that doesn’t mean any packages exist for these numbers, so it will be easy to tell if you are being hosed. I can’t really see holding the seller responsible, unless Ebay has a policy regarding such things.
It is still the sellers responsibility to follow up. The buyer shouldn’t have to do a dahm thing besides pay then sign when it gets their.
When I was managing receiving for Home Depot, a large percentage of our vendors didn’t get paid till we received the product. If we didn’t get something we ordered in a timely maner, we would call one number. That of the seller. Regardless of how they shipped it be it UPS, fedx, Roadway ect. They followed up. Not us. They called tracked or did whatever they had to to get the shipment to us or provided proof they got it to us already.
I think the error is E-bay sellers are getting paid before they meet there customers needs. Some sellers like to beleive once they collected the money their comitment is met.
The sellers responcability does not end with shipping. It ends with the buyer receiving it.
Sticking to your guns and never receiving the iPod would be quite a pyrrhic victory, wouldn’t it? Khadaji, seriously, swallow your pride, get on the phone with UPS, and get this thing figured out. It may not be your responsibility, but every day you delay increases the chance that they will never be able to locate and deliver your package.
Yes, but UPS has a habit of screwing the people they supposedly represent over. It happens to me constantly with the eBay store I run, so much that I almost considered switching over to FedEx. I know how to use UPS Online, so I know it’s not me.
That, and a lot of eBayers only have one of the things they sell. If they have one iPod and UPS loses it, how are they supposed to send you another one? Pull it out of their rear end?
UPS is entirely at fault here. They allowed your package to be put into a situation where it might not be received. The eBayer puts their trust in UPS, as do you, and they effed up.
If the seller has UPS tracking that shows the item was delivered to you, his first assumption, and understandably so, is going to be that you are trying to scam him. (You received the item and are now trying to get your money back.)
I don’t see a ready solution if UPS records indicate that the item was delivered and you didn’t actually receive it. My WAG is that eBay will accept the UPS tracking as proof that the item was delivered to your address and you are SOL.
The only two expensive items I bought through eBay, I requested that the seller ship with signature required at delivery, and they did just that.
Please let us know how this gets resolved. You can’t be the only person this has happened to, and it’s certain to happen again considering the volume of shipments related to eBay purchases.
A merchant (on ebay or otherwise) has the responsibility to clearly state their return/refund/shipping policies for all of their sales. If these policies are not to the buyer’s liking they can choose not to buy or ask the seller to make an exception (albeit probably at a higher price).
If I buy something on amazon they tell me how they intend to ship it before I commit to buy. If I want to change how they ship it I can do so at whatever price they state, or I can choose not to buy at all if I think the price is too high.
If the buyer agrees to the terms of the sale and pays the money they can not expect the merchant to do something they never committed to doing at the close of the transaction. I say this only as long as the merchant clearly states their policies up front. I know the term “clearly states” has a lot of wiggle room but i think everyone knows what I mean.
I ordered a product from a small-ish company and they FedExed the product to me, but it was signed by someone else. I know that the product was sent to the wrong place and someone else signed for it because I had it sent to my family’s business, and they didn’t receive any packages. Also, the person who signed for it signed a name that was no where near any of my family members’ names.
I reported it to the company and they called FedEx to launch an investigation. In short, FedEx said that they delivered the product and it was signed for, so too bad for me. It didn’t matter that I know it was sent to the wrong address and that the person who signed for it wasn’t me or any of my family members.
Luckily, the company took pity on me and sent another product to me at no extra cost. It only took 2 extra months of calling/e-mailing constantly to get the company to agree to send me another product.
But again, I was dealing with a small company, not a private vendor. The shipping company can just say it’s too bad and that will be it since the vendor isn’t obligated to send you another ipod.
A nicely worded letter from my lawyer has encouraged the seller to rethink his position in regards to his obligation in contacting UPS. He has filed a lost package claim and has re-imbursed me.
