Do I have a case (ebay)

[Kobe]

On July 12th I bought a hat on ebay for $20 and paid $5.66 for shipping without insurance, he wanted $16 for priority shipping with insurance.


It is now Aug 3rd and the seller did not seem to surprised when I asked him when the item was shipped, and if he was sure it was shipped. I guess he wasn't to happy and has gotten mad at me, saying he always ships out his items blah blah blah...


So Here I get this e-mail today from him

You don't get a refund,you didn't get insurance and it is between you and usps,you should have bought a hat somewhere else,because of you I made another canadian ebay member pay the priority with insurance,if you want another free hat why don't you man up and say it!!!!,just contact ebay and see how it works for you when you try to give me neg. feedback,please don't look at my sellers ads,you are definetly a deadbeat,goodnight and don't bother me again!!!!!!!!!!

This guy is a total prick and will not be giving me a refund, it was only $25 in total and I am not to worried but I want this cocky bastard to have to pay me back, I have filed a paypal dispute and told them the story, I also have all my e-mails going threw e-bay...

So here I am wondering, does he have to give me a refund or send me another item? or am I solo with no information about if the item was actually sent out, the seller is from tampa and I think he might just hate calgary


Here is the Item and the seller if anyone is interested, say away from him!!


http://cgi.ebay.ca/ws/eBayISAPI.dll?...m=130133152264

[shakalaka]

The link isn't working buddy?

[Kobe]

fixed

[canadian_hustla]

Honestly ground shipping can take way longer than 1 month. In the past, I have had items arrive 3 months later

tough situation

[Kobe]

I have ordered about 5-6 items after buying from him, and they have all come in, I even got an item from Hong Kong...

[Raven_R1]

I shopped on ebay more than 5 years and nothing arrived over than 3 week..Why dont u chek with the USPS first.... The card should be in ur mail box and ask ur family who use to pick up the mail

[Mckenzie]

Yeah ground could take a while sometimes- I would give it a couple more weeks then do a charegback on your credit card if you can.

[frozenrice]

Because the item was sent "internationally" via USPS it could possibly still be in transit if in fact it was shipped.

To cover your ass though, pay real close attention to the dispute deadlines. File a dispute at the last possible moment to make it look like you gave the seller the benefit of the doubt. Via the dispute process, you will have the opportunity to communicate with the seller to work things out. Don't act like a dick during the dispute process, be tactful, professional, and reasonable when communicating. My tactic was to ASK the guy to help you locate it by providing some sort of reciept that you can use to trace it on your own accord. Typically anything package mailed to Canada requires a customs delcaration form which has a number on it. He cannot sent it without this form being filled out. Make it like he doesn't have to do anything else other than get you a reciept and that you'll do all the chasing around to make a claim with USPS. This will really bring out his true colours. If he did sent it he'll really try to help you. If he didn't he'll make excuses and possibly not even reply. You have a certain number of days (14?) to work the dispute out. The dispute process is basically your first opportunity to work things out on your own. If this fails, then you can escalate the dispute to a claim. The claim process is pretty much the same as the dispute process, the only difference is the claim is a little more closely monitored by paypal/ebay. The seller may not even respond at this point. If this is the case the claim will likely be decided in your favour. If the seller does respond and you still don't get a satisfactory result, then ebay will make the ultimate decision. This is why it is important to be as courteous as possible in your previous communications as this is what paypal/ebay uses to review the claim. Making yourself look like the good guy here will be a definate plus on your side.
The last thing to remember is to always communicate using the dispute & claim processes provided.

Sorry for the long read, but this is basically what I did in the dispute that I went through a few months ago. I think I busted the scammer and most importantly, I got my $100 back.

G/L and get that bastard.

[gatorade]

It doesn't matter if u got 5-6 items after him, sometimes items can take forever no matter where they are from, one time it took me 2 weeks to get an item from Canada, the longest it has taken me to get an item is 7 weeks from the states.

The seller looks legit, 850 positive and 2 negative, u should just wait longer for your item.

[Kobe]

Seems legit, but is an asshole.. If I do get the item I will be leaving negative feedback for him on the final day either way, no one should treat customers that way...

[shakalaka]

I hope you get your item or the money man. I have blacklisted the seller, won't ever be buying anything from him.

[TomcoPDR]

Originally posted by canadian_hustla
Honestly ground shipping can take way longer than 1 month. In the past, I have had items arrive 3 months later

tough situation

+1 yea, sometimes shipping is a hit and miss. I've waited 2 months before from something sent from the States.

[Vtecmini]

I had a outer cv joint for the mini coming from the states. It had been in calgary for a week. I called them to find out what was going on. They were missing my m/c number to pay for the duty. If he shipped UPS or fedex, ask him for a tracking number?

[Legless_Marine2]

It's at his discretion. In the past, when an item has been lost, I've done the following:

1. Verify shipper has your correct address.
2. Sender resends another item or refunds, but you pay for shipping.

That being said, he's under no obligation to do so. It's worth looking at his ratings to see if this has happened before. this is helpful to determine if he is a scammer or legit.

Truly, the onus is on you to pay for a shipping method that is trackable and/or insured. To do otherwise is at your risk.

You're gonna haveta eat this one, and chalk it up as a learning experience. It's not like it was a $2000 laptop.

[yellowsnow]

paypal usually tries and side with the buyer. You file a dispute with paypal, and the seller has to provide something like a tracking number, confirmation of deliver, etc

So yeah just file a dispute, and if he can't provide that information, then you probably get your money back...

[A790]

The fact that you didn't get insurance means you're screwed. If he can provide even a shred of proof that the item was shipped PayPal will side with him.

Sorry bud.

[88CRX]

Originally posted by yellowsnow

So yeah just file a dispute, and if he can't provide that information, then you probably get your money back...

Not probably... you will get your money back unless the seller can prove you received the item.

[SOAB]

Originally posted by 88CRX


Not probably... you will get your money back unless the seller can prove you received the item.

not received. as long as he can prove that he shipped it, he's free and clear.

the buyer chose not to pay insurance so he has to deal with the shipping company to get refunded.

[88CRX]

Originally posted by SOAB


not received. as long as he can prove that he shipped it, he's free and clear.

the buyer chose not to pay insurance so he has to deal with the shipping company to get refunded.

When did paypal change the way they handle claims?

It always have been the sellers responsibility to show proof that the buyer received the item.

[davechoi1973]

6-7 years ago I bought stuff from ebay and it was over $300 US. but the seller didn't sent the item. so after waiting about 2 months i called my credit card company that i never recieved the item. and they just told me that they will send a letter and I just need to sign it and return it. and i got my money back. but i'm not sure i bought insurance at that time. but i think you can call your credit card company and see how it goes. and at the and.. the bastard sent me an email after about a year, asking me to send an email to ebay if i have recieved the money back.. but i just ignored his email.