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"john hadd" <limitup@ameritech.net> wrote in message
news:G23A16.65K@lugnet.com...
> > Major Snippage> • <In lugnet.market.auction, Frank Filz writes:
> > I'm in a bit of a quandry. I won an auction several weeks ago from an • eBay
> > seller, and have not yet received the package. I have been communicating • with
> > the seller this week, and now he is offering to send me the items again, • if I
> > pay a portion of the cost. Frank
>
> Frank, Ater many conversations with my local Post Office over the last • one and
> a half years, They have told me over and over: If you pay for an item and • do
> not receive it, You do not have to pay for it. End of story. I have also • been
> told over and over: It is up to the seller (shipper) to insure it or • register
> it or use delivery confirmation to prove that the item has been shipped. • You
> should have some proof that you paid- Right? Does the seller have proof • that
> they mailed it? Also, by saying I am not responsible if it gets lost or, • insure
> if you pay for it doesn't get the seller out of it. If a seller sends an
> unregisterd or uninsured parcel, THEY are assuming all the risk. I would • demand
> a reshipment or a refund, of course, after enough time has gone by in case • the
> parcel is lost. If they are not telling you, I mailed it this day, this • way, I
> swear, and it must be lost so hold on, Then they are full of $@^?. • Regards
> John (AKA freightmaster)
This is a great topic and an easy one to ignore... until a package gets
lost. I don't totally agree with John, if the policy is stated up front.
I have been buying and selling via eBay and outside eBay (BrickBay, RTL,
LUGNET, etc.) for the last 2 years, albeit a small volume relative to many.
In that time I have had one USPS PM package arrived opened (it was insured
and the receiving PO provided the necessary documentation to prove damage in
transit), 2 payments got lost in transit to me (1 USPS MO traced and
canceled, the other was cash from Germany), 1 huge package from Germany is
lost (this one was shipping to me from a company, I'm not done searching
this one yet), and 1 package to a buyer never made it (I am in the process
of settling this one, much like Frank's situation).
It is my policy and that of most LEGO sellers that the buyer is responsible
for insurance. I know I am remiss in not (re)stating this policy more
blatantly on each individual sale, although it is on my BrickBay page
(DoucetteNet LEGO(r)). The tricky part (I only have the one experience) is
in filing the claim per USPS guidlines, proof of value is the hard part:
who has the burden of proof, buyer or seller? I plan putting together and
posting guidelines as a statement of personal policy and fair warning to the
potential pitfalls to buyers.
In regards to the one buyer I have who did not receive the package, I did
post a scan of the receipt (old style USPS cash receipt only shows $$, the
newer USPS system usually shows ZIP code, much nicer), and described the
package (envelope type, size, method of addressing, etc.) on my own
volition, not at the request of the buyer who has been extremely
understanding. I could believe that a seller could not describe the package
if they conduct a fair volume of business. In the case of my buyer, I have
offered to split the loss either through 50% refund or by replacing the lot
for half cost. Either way, the net to me is a loss (although not huge, it
was a small sale). If the original sale had been hugely profitable (>100%)
I probably would replace the items for cost of postage (personal ethics
kinda thing, not a legal one). International shipments are also dicey:
small packet air is usually the most cost effective, but is not insurable.
Luckily 99.9% of deals come off without a hitch. I would rather eat a
little than sully an otherwise good rep on-line. Does anyone know of a
decent statement of policy re: shipping insurance?
XPT,FUT: market.shipping
--
-Rob.
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