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Who is Responsible? Package Never Delivered


bluesguitar65

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Ok, on late Dec I placed an order for a couple of PCBs and one charge pump IC from a known vendor, not DIY Stompboxes or its affiliates. The item was shipped first class mail but, it never arrived, not delivered. It had a scheduled delivery on Jan 2. Paypal emailed me the shipping tracking and from USPS tracking status online it was apparently miss sent somewhere else. I've informed USPS upon seeing what was happening and also informed the vendor that I ordered from. Eventually, I did not get the package instead was shipped back to the vendor. I've emailed the vendor of this problem, but the vendor seems not too concern and seems to be giving me the runaround. Vendor states that I should make a claim with USPS, but from what I understand it is the Seller that is responsible for making the claim. Who would be responsible for this? Can I file a dispute with paypal since I never received the items I ordered?

 

I've ordered many times from this vendor and it sucks that this vendor would act this way.

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Ok, on late Dec I placed an order for a couple of PCBs and one charge pump IC from a known vendor, not DIY Stompboxes or its affiliates. The item was shipped first class mail but, it never arrived, not delivered. It had a scheduled delivery on Jan 2. Paypal emailed me the shipping tracking and from USPS tracking status online it was apparently miss sent somewhere else. I've informed USPS upon seeing what was happening and also informed the vendor that I ordered from. Eventually, I did not get the package instead was shipped back to the vendor. I've emailed the vendor of this problem, but the vendor seems not too concern and seems to be giving me the runaround. Vendor states that I should make a claim with USPS, but from what I understand it is the Seller that is responsible for making the claim. Who would be responsible for this? Can I file a dispute with paypal since I never received the items I ordered?

 

I've ordered many times from this vendor and it sucks that this vendor would act this way.

 

Sorry for your dilemma.

 

That's why I don't eBay.

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Sellers usually charge buyers for shipping. In that case, sinse you paid the man for shipping, he is responsible to have it shipped.

 

If you had hired the shipper, paid the shipper, and arranged for pick-up, then it would be you. Rarely does a buyer do that.

 

In short, you paid to have the item shipped. The one who took your money is responsible for the whole of it.

 

And ONE MORE TIME because I hear it a lot, if someone hires a shipper and drops something in the mail, THEY are responsible to make sure the shipper they hired does the job.

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The whole order was only $16.00 fricken bucks and the vendor states that I will have to do all the foot work to get package sent to me. I ordered from this vendor all the time and have spent $$$. This vendor just lost a repeat customer. :angry:

I would just write it off.

 

For sure, I would call the vender, and explain it's only 16 dollars and all you did was pay the money. Maybe they need it explained to them to see their mistake, in which case, you will be doing THEM a favor.

 

If that doesn't do it, they don't deserve your time or effort, let alone business.

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Thanks, but it wasn't from ebay. I ordered from an online DIY site, not DIYstompbox. I did use paypal. Do you think paypal will help if I file a dispute?

 

Go through the PayPal dispute process. They will return your money...$16.00? Are you sure it's worth the hassle? If PP makes it easy by simply returning your money then great, but $16.00? $16.00? Is it worth it???? For $16.00 I'd bad mouth the vendor and get my $16.00 worth out of lost sales and move on...

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I've had things go lost in the mail, damaged in the mail, etc. in every case the vendor has done right by me. (i am lucky, i guess).

 

there are many good vendors, and it is a shame that this one is not doing the right thing by you. i agree, move on and give someone else your business.

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Is there a place here where you can warn folks about those businesses that have wronged you, or let others know about a bad place to do business I don't want to step on toes or get myself in trouble. I really like hanging out here. So I'm asking in advance. I'll be watching. ADMIN...are you monitoring??

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It is not the amount it is the point that you paid for something and didn't get it, whether it be $0.16 or $1600.00 I think it is worth going through the dispute process.

Exactly [thumbup] If I move on and let this vendor ripp me off then he gets away with this bad business regardless how much. How many has he done this to and others just let it "move on"?

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I'd just report it to Paypal.

Yes. Although it's a small amount so not really worth pursuing, they should know. I'd also write to or communicate with the firm you ordered from (addressed to the BOSS or OWNER in big letters) with your complaint, politely and firmly, pointing out that all you did was order as usual in good faith and never received your order. For the goodwill, they ought to pony up.

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Sorry to be a big buzzkill here, but what the law says is this:

 

Once it leaves his shop, it's not his problem. If it gets lost in the mail, it's the mailman's fault. If the UPS man drives over it, it's his problem. In both cases, the seller has fulfilled his obligation once the item leaves his shop.

 

Your beef is with the Postal Service. If you didn't pay for insurance, then it's your problem. If it was insured, then you have a claim against them. No big deal.

 

If you want to get the seller to go beyond his obligation and send you another one or send the same one back, you have to figure out how to get them to do it. Remember, if they sent you another one, you could still recover from the post office. So that wouldn't be fair, right?

 

Ebay is different than regular mail order. Ebay has developed these buyer protection programs because mail order laws aren't enough to keep ebay customers happy. So they have specific provisions that help buyers.

 

I'm not trying to say you're not getting a raw deal. Just respondiing to your question.

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Sellers usually charge buyers for shipping. In that case, sinse you paid the man for shipping, he is responsible to have it shipped.

 

If you had hired the shipper, paid the shipper, and arranged for pick-up, then it would be you. Rarely does a buyer do that.

 

In short, you paid to have the item shipped. The one who took your money is responsible for the whole of it.

 

And ONE MORE TIME because I hear it a lot, if someone hires a shipper and drops something in the mail, THEY are responsible to make sure the shipper they hired does the job.

 

Exactly wrong!

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Sorry to be a big buzzkill here, but what the law says is this:

 

Once it leaves his shop, it's not his problem. If it gets lost in the mail, it's the mailman's fault. If the UPS man drives over it, it's his problem. In both cases, the seller has fulfilled his obligation once the item leaves his shop.

 

Your beef is with the Postal Service. If you didn't pay for insurance, then it's your problem. If it was insured, then you have a claim against them. No big deal.

 

If you want to get the seller to go beyond his obligation and send you another one or send the same one back, you have to figure out how to get them to do it. Remember, if they sent you another one, you could still recover from the post office. So that wouldn't be fair, right?

 

Ebay is different than regular mail order. Ebay has developed these buyer protection programs because mail order laws aren't enough to keep ebay customers happy. So they have specific provisions that help buyers.

 

I'm not trying to say you're not getting a raw deal. Just respondiing to your question.

I don't believe this. I ain't a lawyer, but unless I see a specific law that protects a seller from his obvious responsibility, I don't see how it could be true.

 

Obviously, if the fault was with UPS, they are ultimately responsible. But the question is, WHO are they accountable TO? Would they be accountable to the entity they were hired by (seller)? Or would they be accountable to the entity they have had no contact or business arrangement with?

 

How can a buyer have control over the terms of the transaction between seller and shipper? Even if he pays the seller, how can the buyer know for sure everything he has paid has been passed on the the shipper? For example, what if he intended to have it fully insured, and the buyer does not do so? How can a seller who has had NO business dealings with the shipper be held responsible for the transaction between shipper and seller? Or, how can a buyer hold a shipper responsible when he has no contract with them?

 

And another question: How can a business take someones money for services and not be resonsible to the entity that paid him? Be that free shipping, a fixed cost, or whatever. If he has recieved money and agreed to be a middleman, doesn't that mean he has then became responsible?

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Thanks, but it wasn't from ebay. I ordered from an online DIY site, not DIYstompbox. I did use paypal. Do you think paypal will help if I file a dispute?

 

As long as the paypal transaction was not generated as a "gift" you definitely have recourse. Also as an FYI, depending what type of paypal account you have and what your standing is with paypal, you can do the "pay after delivery" option. I use this option when I'm dealing with new merchants.

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I don't believe this. I ain't a lawyer, but unless I see a specific law that protects a seller from his obvious responsibility, I don't see how it could be true.

 

Obviously, if the fault was with UPS, they are ultimately responsible. But the question is, WHO are they accountable TO? Would they be accountable to the entity they were hired by (seller)? Or would they be accountable to the entity they have had no contact or business arrangement with?

 

How can a buyer have control over the terms of the transaction between seller and shipper? Even if he pays the seller, how can the buyer know for sure everything he has paid has been passed on the the shipper? For example, what if he intended to have it fully insured, and the buyer does not do so? How can a seller who has had NO business dealings with the shipper be held responsible for the transaction between shipper and seller? Or, how can a buyer hold a shipper responsible when he has no contract with them?

 

And another question: How can a business take someones money for services and not be resonsible to the entity that paid him? Be that free shipping, a fixed cost, or whatever. If he has recieved money and agreed to be a middleman, doesn't that mean he has then became responsible?

 

Hey look, I know exactly what you're saying. The basic mail order system in the US is open to all kinds of problems. Back in the day when you mail ordered something it was pretty sketchy. Now Paypal and ebay and credit cards have these protections in place to protect buyers in certain ways. It's basically an insurance policy and the underwriting cost is included in the fees. It's better than it used to be.

 

A lot of stuff is insured now, too. I guess every shipper has their own claims process.

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I'm not sure about this..

 

Now in this case, I did receive the item, it was just in pieces,, literally, but when my first Goldtone amp was crushed by UPS, the seller (EM Shorts) had to file the claim.

 

I was not able to because the store was the customer to UPS, not me.

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I'm not sure about this..

 

Now in this case, I did receive the item, it was just in pieces,, literally, but when my first Goldtone amp was crushed by UPS, the seller (EM Shorts) had to file the claim.

 

I was not able to because the store was the customer to UPS, not me.

 

That's one of the big problems. The vendor is the shipper's customer so they have to file the claim. I sold a Super Reverb once and the buyer - who knew about this stuff - gave me his account number so I could charge it to him and he would be able to control the claims process if there was a problem. That's the best way to do it. Have an account with UPS or Fedex and have the seller use that account number. You can probably "associate" one person's account with the shipment and pay for it with another person's credit card.

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