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FrozenGate by Avery

My Ophir was Stolen :(

I want replacement.

I'll sent this thread to seller.

Sending this thread to the seller is irrelevant... He is not
a member on LPF as far as I know...

Just contact the seller and ask him what he is willing to
do to make this right. Then you will be able to decide your
next move.


Jerry
 





Couple fun (vaguely relevant) facts:

FOB shipping point: The buyer of an item pays for the shipping costs and the responsibility for the item transfers to the buyer when the item leaves the seller's premises.

FOB destination: The seller pays for the shipping costs and is responsible for the item until it reaches the hands of the buyer.

I believe eBay is unique in that a seller is not allowed to stipulate FOB shipping point. If this were not eBay, you could end up with no recourse depending upon how the sale terms were written.

The issue with this is that it's so ambiguous. The thing could have fallen out in the mail. It could have gotten stolen from your doorstep. You could be trying to get a free item (see also: potatorage).

Either way, good luck. Definitely go ahead and file a claim with PayPal - sellers always stay on the ball once you do this.

Trevor
 
Last May a LaserBee II was purchased on eBay and sent to the USA.
The package was Insured Tracked and delivered.

The customer for some unknown reason accepted the Damaged box.
By the pictures we were sent it was obvious that a Forklift or truck
had run over the package and flattened the contents. We then asked
for the original packaging and damaged contents to be sent back to us.

The only fix for his was that we needed to contact Canada Post and make
an Insurance Claim to get the cost of the Item and shipping cost refunded.
We were then able to send another LaserBee to the customer.

Had WE not added the Tracking and Insurance WE would be have been
out the costs of replacement and re-shipping.


Jerry
 
George Sohnle denied Eftihis request for a $200.00 USD refund.
11/21/2011 15:11 GMT+02:00

He is @@@@!
 
Did you open a Dispute but more important...
did you escalate the Dispute to a PayPal Claim...:thinking:


Jerry
 
No, how to do that?

Go to the PayPal Resolution Center through your PayPal
account page and click on the dispute.

On that page there is a link to "Escalate this dispute to
a PayPal Claim
" . Click on it and follow the instructions
there.
Don't forget to choose "Item not received" since the item
you paid for is not in your hands.


Jerry
 
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Go to the PayPal Resolution Center through your PayPal
account page and click on the dispute.

On that page there is a link to "Escalate this dispute to
a PayPal Claim
" . Click on it and follow the instructions
there.
Don't forget to choose "Item not received" since the item
you paid for is not in your hands.


Jerry

I thought that was possible after some days/week from when the dispute was fired. Guess I was wrong :/ Even if he does that though, does he have any chances to win the claim?
 
Some chance, yes... But unlikely. You're basically filing an Item Never Received claim. If anything, Paypal may assign "shared risk" and issue a partial refund. (Unlikely.) File the claim now. Don't wait. File it today, and come back to us with updates here.

But if Item Never Received claims were routinely decided in favor of the shipper, let's just say that there'd be a lot of empty boxes being shipped on eBay.

Just be careful what you say, but eBay generally decides along the lines of "The seller has the responsibility of getting the item to the buyer, no matter what."

One thing I continuously find with this stuff is, sellers seem to think that buyers/recipients can file loss/damage claims, or insurance claims. They can't. Even if you "didn't pay for insurance", this doesn't absolve them of their responsibility of getting you the item. What it comes down to is: The buyer's responsibility is to pay. The seller's responsibility is to deliver the item completely, as described.

Unfortunately, there are buyers who abuse this ("you can't prove a negative"), etc... (and eventually, dishonest people may ruin it for everyone.) But as it stands, you're likely to come out favorably or at least partially assisted here.

My first (Attempt) at a GreeNe was on eBay. The seller described it as quote : "WORKING, FULLY FUNCTIONAL - BUT SOLD AS-IS." When it arrived, it was packed diagonally (tube from corner-to-corner) in a thin box, with no packing materials, so that each corner of the box impacted the laser tube fully whenever it was dropped/moved. Sure enough, the bore was cracked and it wouldn't lase.

The guy immediately denied any return/refund requests saying things like, "I SAID AS-IS. CAN'T YOU READ? LOL". (Yeah, this was an 'ALL CAPS' guy) -- Well, I replied, "You also said 'working, fully functional'."

I filed a SNAD (Significantly Not as Described) and got my money back. I did the right thing too though and sent the dead tube back to him, and will never deal with him again, of course. And yeah, he got the negative, after some empty threats that I "better not" leave him a negative.

The point is, when transacting on eBay a lot of people can say some big things to try to snow you... I've been burnt a few times, and *for the time being* it's better to be a buyer on eBay than a seller. There's no telling if those tables will turn, though, depending on how many buyers abuse the system. (And they do, too.)

But for now, you're likely to come out OK.
 
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If anything, I'll buy an Ophir from him myself and claim that the box came empty as well lol. We'll see what he gonna do in that case.
 
If anything, I'll buy an Ophir from him myself and claim that the box came empty as well lol. We'll see what he gonna do in that case.

eeh. that's exactly what I mean though. Those sorts of abuses are exactly what could make PayPal/eBay change their policies on siding with the buyer in this kind of circumstance.

I'd recommend against that :| It could also backfire on you.
 
If the shipper can show by Tracking... Signature or Delivery Confirmation
that the package arrived at the address on the label the case is decided
in favor of the shipper.

If on the other hand the Shipper can not prove that the package arrived
at the address on the shipping label the case is decided in favor of the
buyer.

If you open an Item Not As Described Claim then you have already
confirmed that the item was indeed delivered.
Now it is the buyers burden to show that the item received was so
grossly not as described as in the auction to win the claim.

If it was a blue pen that you bought and received a red one you
would surely not win the claim. On the other hand if you can prove
that you received a Q-Tip instead then you may win your claim...
It all revolves around your ability to unambiguously PROVE your claim.

@ Silvershot...
I'm sure that any seller would spend the extra money for Tracking
and/or Insurance after he gets burned a few times... I know we did...


Jerry
 
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