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  #11  
Old 12-10-2012, 09:50 PM
Peter Epps Peter Epps is offline
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I feel for you.
As along time seller on e-bay of sometimes expensive stuff, I always send it priority mail. This method satisfies Pay-Pal and to date every sale has gone through. I have discussed this with Pay -Pal and this is their preferred method as well. You get a tracking number and a documented delivery date.
As a side note, stay in-touch with the buyer and e-bay as well. If you have not opened a case yet you might consider it. Do everything that you are expected to do. Also, looking a the time line your customers package my show up, but cover yourself.
Good luck,
Peter
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  #12  
Old 12-10-2012, 11:07 PM
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Sakrison Sakrison is offline
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I agree with AirDave. If USPS says the item was delivered, then the buyer's beef is with USPS, not with the seller.
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  #13  
Old 12-10-2012, 11:59 PM
BobGurkin BobGurkin is offline
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Quote:
Originally Posted by Sakrison View Post
I agree with AirDave. If USPS says the item was delivered, then the buyer's beef is with USPS, not with the seller.
It doesn't work that way. The buyer cannot initiate a claim against USPS. The burden of proof is on the shipper. Both that the item was shipped and that the item was received. If the seller cannot produce a signature from the buyer he cannot prove that the buyer ever received the item. Regardless of what the post office says. You will find that Ebay has changed the rules regarding proof of shipment and receipt of the package. No signature, no good.
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  #14  
Old 12-11-2012, 06:13 AM
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legal01 legal01 is offline
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No there is no case against you, in terms of contract law you have delivered and have proof, if the parcel service lost it then the claim resides with them and not you.
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  #15  
Old 12-11-2012, 08:00 AM
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airdave airdave is offline
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Bob, I agree with you, but...

Technically eBay and Paypal are the same entity,
but eBay isn't the one that guaranties the transaction.

A claim must be made against Paypal (re the Seller),
asking for a refund or replacement
based on the idea that the item was not received.
And Paypal will base its judgement on the available facts
if the Buyer and Seller cannot reach a mutual agreement.

IF the Seller has proof of shipment, and according to USPS, proof of delivery*
to an address...and there was no prior agreement during the transaction for
a signature verified delivery (some Sellers do stipulate this kind of delivery),
then both parties have agreed to a certain level of risk with the delivery method,
then the Seller can offer nothing more.

[*proof of delivery to an address is all that is expected unless otherwise
agreed upon by using an alternate, more expensive, shipping method]


It would be nice if the seller could somehow offer compensation that would
satisfy the Buyer, but that might involve great expense that the seller is not
contractually responsible for.

Question....can we see the original eBay listing?
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  #16  
Old 12-11-2012, 02:55 PM
BobGurkin BobGurkin is offline
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Dave, I haven't spoken to the ppl at Paypal for some time now, but Ebay changed the rules requiring the seller to provide proof of delivery with a signature. We can talk about this but I think the proof of the pudding will be the results of this case. It will be interesting to see how this turns out. I hope the seller goes thru all the correct steps and he might have a good outcome financially, but he has to consider his Ebay reputation, via feedback. I won't say anything else about this and will just wait for the outcome.
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  #17  
Old 12-15-2012, 09:46 PM
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Bionic Modeler Bionic Modeler is offline
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Once UPS accepts it for delivery they become responsible. Sounds like you have the correct paper trail. I wouldn't worry. UPS used to insure all packages for a minimum of $100 without additional fees on deliveries, Not sure if that has changed
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  #18  
Old 12-16-2012, 01:43 AM
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alfadoc alfadoc is offline
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Tim,

He sent it through the US Postal Service, not UPS. Different rules, I think.
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