Lost card in the mail - who's responsible for tracing the package?

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Posted By: Judge Dred

A baseball card is sold on ebay.

After the item was won the buyer sent an email confirmation to the seller regarding the purchase of the item. In the email the buyer provided the correct shipping address for the package.

Payment for the item was mailed in a timely manner The correct mailing address was also provided in the payment letter to the seller.

After a period of time the package, sent by USPS, does not arrive. The buyer contacts the seller and informs them that the package has not arrived.

The buyer makes an inquiry (to the seller) regarding the package. The seller states that it was insured. The seller emails the buyer the address to where the package was sent. The buyer recognizes that the street name the seller used was not correct. It was close but not correct. The buyer emails the seller to let them know of the error.

Who should ultimately be responsible for doing the footwork to locate the package? Lets say the package was addressed correctly by the seller, would the responsibility of tracing the package change?

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Posted By: Dan Koteles

I believe the seller should do the leg work just for the simple reason of concern of his /her own card. Until it arrives...still your card (seller).

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Posted By: eric p.

i believe who ever is at fault is responsible for the legwork (whether the seller sent it to the wrong address or if the buyer gave the wrong address), i also believe both the seller and buyer might want to work together to locate the package, this just happened to me, i have been waiting for about 3 weeks for my cards, i sent the correct shipping address but the seller sent it to the wrong address, he used the address on my check instead of the address i provided, the address on my check is in a different state where i no longer live, i still helped in locating the package, the seller in my situation is a real nice guy to deal with so that helped, it sucks to have your package lost but it happens.

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Posted By: Darren J Duet

The seller has responsibility in making sure the package gets to the buyer. The buyer is helpless from that perspective.

I feel the best way to deal with these issues is to have open communication from both parties, this will decrease the risk of something like that happening.

I think it's a crock when a seller states that he is not responsible for lost items--what's to stop him/her from collecting my money and not shipping a thing and telling me "well, I shipped it last week."

The buyer takes the majority of the risk that's why I've learned to stick with seller's I know and trust.

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Posted By: joe maples

If the package is insured and is lost the seller should do the legwork with the PO to track and find the package or envelope. If the package or contents are damaged, the seller has to send the insurance receipt to the buyer and the buyer is responsible for getting the insurance money from the PO. If the package is not insured forget it, there is no way to trace the package or envelope.

Joe

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Posted By: warshawlaw

I think it is legit for a seller to offer you the chance to insure the package with the proviso that if it is uninsured all risk of loss is on you. Once the item goes in the mail it everyone is at the mercy of the USPS. If you decide to have it shipped uninsured and therefore untraceable, it is fair to make that your risk. If I sell an expensive item I generally use Fed Ex or certified mail to be sure someone signs for it.

The check issue is interesting. To avoid a problem like this why not print up a bunch of little stickers with your new address and stick one on each check?

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Posted By: Mark

When an insured package is lost, the seller (sender) must file the insurance papaerwork to start the insurance process because the sender is the party that purchased the insurance. The buyer cannot file this form absent very unusal circumstances because he/she is not the insured party. After the paperwork is filed, the post office will look for the package by, among oher places, consulting its lost and found department in FL. If the claim is paid, it's paid to the sender. I've been down this road before and it can take a while, but I did get paid.

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Posted By: Robert

You don't have to insure the card but for .45 cent you should at least get a delivery confirmation. Everything that I sell and they choose no insurance I put on a Delivery con, you just can't trust anyone out there. I learned the hard way when I started out 4 years ago I sold a Babe Ruth and shipped it with no con and the ahole must of gotten it. He took me to court and the judge said no proof of delivery you lose. So I was out 2K and no card as well. Another thing that irks me is the charges that people put for shipping anywhere from 3.50 to 10.00 and they send it out with just first class postage. I am tempted to teach some of them a lesson by saying I never received the cards. But it's not my nature..

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Posted By: TJ Schwartz

Done over a thousand ebay deals. We state on every auction that insurance is REQUIRED! We will not ship any package uninsured unless we get an email stating that the buyer absolves us of any liability should the card not arrive. No one ever chooses that option domestically, but international buyers are so cheap that they almost always choose no insurance. The only way to insure overseas is via Registered mail, which is expensive. But I'll never understand how some guy in Taiwan or Tokyo wants a card sent uninsured.

The seller should trace it first, but the buyer ends up being the one that must file an ins. claim with the USPS. Takes a month or so. Some advice is to save EVERY piece of correspondence on a deal. I save the buyer's letter, notes, index card, envelope, emails, and send any item over $200 via UPS insured, ONLY. Many have tried to nail me, but I've won every case because I had such paperwork.Collecting ins. from UPS is way easier. TJS

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Posted By: Julie

and if goods can't be found, buyer has insurance money--so everyone is not exactly happy, but neither is anyone ripped off. Insurance on anything over 100--200 dollars sounds like an excellent idea.

I love this picture!

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Posted By: chopper-r-us

In response to TJ, think that people might choose not to get insurance becuase the shipping services (USPS, FEDEX, UPS) are so reliable it probably isn't worth paying 1-2% of a purchase for insurance when the probability of the package getting lost, stolen or damaged is much much less than the insurance rate. I would only do that option with reliable sellers because I know that they will ship the item. I have never had a problem in my life recieving items undamaged in the mail if packaged correctly.

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Posted By: warshawlaw

If you send via priority mail with the click n ship service the delivery confirmation is free.