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Post Info TOPIC: More shipping issues, is this legal?


Coach

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More shipping issues, is this legal?
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To recap, I shipped an item internationally, and the buyer never recieved the item. The buyer did not purchase the optional insurance. I shipped through USPS Global Priority, which did not offer delivery confirmation. Well, the buyer has issued a claim with paypal. Basically, paypal is saying that unless I have proof of delivery I must give the buyer a refund. This is bullcrap because I shipped the item. Now I have a negative paypal balance, and if I don't pay them then they will send a collection agency after me. Is there anything I can do to dispute this?? It doesn't seem fair that I would have to bear the burden when I shipped the item and the buyer didn't pay for insurance. GRRR!!

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Hermes

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I've never had to use Ebay's claim service/dispute console, but I would in this situation.  The auction clearly showed that you had insurance available.


Do you have a receipt from the post office?  Can you dispute the claim with Paypal, or are they claiming you never sent it?



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Hermes

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I thought they had to wait at least 30 days before filing a claim? Seems like they need to give the item more time to get there.



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Coach

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Well the buyer filed the dispute with paypal, not ebay, so I am not sure what I can do on the ebay side (if that decision outweighs paypal)?? Apparently the buyer was able to file the claim through paypal so I guess it isn't 30 days.


Apparently, because I received payment through paypal, and according to the paypal user agreement, I have to follow the claim policy. Which means I provide tracking info or a refund, those are my only options. But who really bothers to read all the fine print in the user agreement, can I really be held liable?



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Hermes

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So how did you pay to send it?  If you used a CC or a Debit card at the post office, you should be able to get a copy of the transaction, right?

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Coach

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Elle wrote:


So how did you pay to send it?  If you used a CC or a Debit card at the post office, you should be able to get a copy of the transaction, right?

Well I have the post office receipt. Sorry I am bad at explaining. Paypal is saying that proof of shipment is not enough. I have to provide tracking and proof of delivery, which I cannot because of my shipping method.

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Hermes

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Ebay uses a 3rd party mediating service called Squaretrade - maybe check that out. 


Did they buyer even try to contact you before they filed the claim? 



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Coach

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Elle wrote:


Ebay uses a 3rd party mediating service called Squaretrade - maybe check that out.  Did they buyer even try to contact you before they filed the claim? 

Thanks for all your help Elle, but ebay can't do anything, since it is a paypal claim I have to follow paypal policies. The buyer contacted me, but I told them there was nothing I could do. I guess this is a lesson to any seller using paypal, always get tracking!

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Hermes

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Man, that bloooooowwwwwsssss!  I'm so sorry!  If I were you I might report the situation to ebay anyway - IIRC, and disputes against a bidder goes on their 'record'.  I'd also leave them negative feedback, but I'm spiteful like that. 

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Kate Spade

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Rocky, I had no idea someone could file a claim like that with paypal.  I understand you have to protect the buyer but really, how many ebay sellers get tracking info with their packages.  A lot of ebay sellers could get cheated if there are dishonest buyers.


I just started to offer insurance but I've never had anyone actually purchase it.  Did your auction by chance state that you weren't responsible once you shipped the item?  Could that be a way you could get out of it?



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Coach

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jettie wrote:


Rocky, I had no idea someone could file a claim like that with paypal.  I understand you have to protect the buyer but really, how many ebay sellers get tracking info with their packages.  A lot of ebay sellers could get cheated if there are dishonest buyers. I just started to offer insurance but I've never had anyone actually purchase it.  Did your auction by chance state that you weren't responsible once you shipped the item?  Could that be a way you could get out of it?


Hi jettie. I have been researching complaints about paypal, and there is really very little seller protection. Even if you state that you are not responsible for the item once it is shipped, paypal doesn't care. Anything stated in the ebay auction in not binding in the paypal realm.


There was one ebay seller who stated no refunds in her auction. But the buyer filed a complaint with Paypal and paypal forced the seller to give the refund, completely ignoring the auction terms! The only thing the seller could do is to file a lawsuit against the buyer.


Be super careful! read all the terms in the paypal user agreement, or don't use paypal altogether! grrr


www.paypalsucks.com


 



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Hermes

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so sorry about this. And I think ebay=paypal so it's all about the same. I agree there is little seller protection. I have made 2 claims against sellers & got my money back on both - but mine was a legit situation. One seller had 0 negatives when I bought my item & 77 within a week. He basically quit shipping anything at all. The other boldface lied to me about how they shipped. So it's good in cases like mine, but I think your situation sucks.

How much was the item? My other concern is that the buyer could potentially get the item, keep it, AND get her money back. I hate people sometimes.


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Kate Spade

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I'm sorry this is happening to you. I don't have any real advice except to say that whenever the bf sends out packages, he *always* buys a tracking number because if someone claimed he didn't shipped the item or it hasn't arrived, all he had to do was remind them of said tracking number (he emails them their number even if they didn't know he was planning on buying it) and/or check it via the website and 99% of the time, the buyer already received his/her package and then they'd make up some lame excuse on why they didn't "know" it arrived. Anywho, he knows how PP worked when it came to chargeback claims so tracking numbers come in very handy when there's a dispute. His shipping is pretty high just for a single trading card but it's for our protection.

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Gucci

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Can you bring your receipt to the post office and ask them to find your package?  You should at least try it, it cant hurt...

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Gucci

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rocky wrote:


jettie wrote: Rocky, I had no idea someone could file a claim like that with paypal.  I understand you have to protect the buyer but really, how many ebay sellers get tracking info with their packages.  A lot of ebay sellers could get cheated if there are dishonest buyers. I just started to offer insurance but I've never had anyone actually purchase it.  Did your auction by chance state that you weren't responsible once you shipped the item?  Could that be a way you could get out of it? Hi jettie. I have been researching complaints about paypal, and there is really very little seller protection. Even if you state that you are not responsible for the item once it is shipped, paypal doesn't care. Anything stated in the ebay auction in not binding in the paypal realm. There was one ebay seller who stated no refunds in her auction. But the buyer filed a complaint with Paypal and paypal forced the seller to give the refund, completely ignoring the auction terms! The only thing the seller could do is to file a lawsuit against the buyer. Be super careful! read all the terms in the paypal user agreement, or don't use paypal altogether! grrr www.paypalsucks.com  

aarg! i feel your pain. the same thing happened to me over the summer. i sold a pair of jeans and the buyer paid through paypal. i shipped them, received positive feedback, and then the seller said she never received the item and filed a claim with paypal. of course after i received feedback, i tossed the receipt. needless to say i lost money. i'm still really pissed about it.

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