Non-delivery/severe delay on a BST transaction

[oldjudge]

Rob-What you assume makes no difference because the other party may be assuming something else. Why not just discuss it at the time the deal is being negotiated?

[Mark17]

Originally Posted by oldjudge

Rob-What you assume makes no difference because the other party may be assuming something else. Why not just discuss it at the time the deal is being negotiated?

In all of my transactions, selling and buying, over the past 40 odd years, I have never had such a discussion. I have always operated as the previous poster says, that the seller and buyer need to each complete their end of the deal (get the product/payment safely to the other person.)

[Jim65]

If paid by PayPal Goods, its the sellers responsibility until the package is delivered. If paid by PayPal Friends, the buyer just learned a valuable lesson. When you pay by Friends, you give up all of PayPal's buyer protection. I never use PayPal Friends, I add the extra fee. This situation is exactly why, long time trusted seller who it appears is not going to refund on a lost package. Always protect yourself.

Personally, PayPal rules shouldn't matter, the seller should do the right thing and refund.

[bobw]

"-the seller chose to not use insurance but rather used certified mail - I've seen a tracking number that proves something was sent somewhere and is sitting somewhere."

Is your zip code the same as the one on the Certified?

If not, would it be sitting in the Post Office of the zip code that was on the Certified?

[obcmac]

The rules we play by are very clear to me...if you buy a card, you get the card...or a refund. Any weaseling out of your obligation to deliver one of these two things is disgusting. As as seller I protect myself with insurance and proof of delivery...it is not the buyers job to cover my responsibilities.

Mac

[bobbyw8469]

I'm confused as to the whole address thing as well. Did the buyer give the seller the address to ship the card to, or did the seller just grab the address on his own??

[Leon]

Originally Posted by obcmac

The rules we play by are very clear to me...if you buy a card, you get the card...or a refund. Any weaseling out of your obligation to deliver one of these two things is disgusting. As as seller I protect myself with insurance and proof of delivery...it is not the buyers job to cover my responsibilities.

Mac

Me too. It is very easy. Barring any language to the contrary, both sides have to meet their obligation. If I don't talk about anything concerning the delivery and, as a seller I say "delivered", then it is on me as the seller. Now if I say "plus whatever shipping and/or insurance you want" then the obligation goes back to the buyer to either protect themselves or not. Very clear to me too.

[oldjudge]

Originally Posted by Leon

Me too. It is very easy. Barring any language to the contrary, both sides have to meet their obligation. If I don't talk about anything concerning the delivery and, as a seller I say "delivered", then it is on me as the seller. Now if I say "plus whatever shipping and/or insurance you want" then the obligation goes back to the buyer to either protect themselves or not. Very clear to me too.

Leon-Why not take the doubt out of it? Add a statement on the BST that sellers assume risk of loss until the item is delivered to the buyer unless stated otherwise.

[wondo]

Originally Posted by obcmac

The rules we play by are very clear to me...if you buy a card, you get the card...or a refund. Any weaseling out of your obligation to deliver one of these two things is disgusting. As as seller I protect myself with insurance and proof of delivery...it is not the buyers job to cover my responsibilities.

Mac

+1

Totally agree, Mac

As a seller I use signature confirmation, and by default "self-insure". As a buyer I nearly always, but not exclusively, use Paypal G\S. The exception is when I successfully deal with someone multiple times. I need to rethink that practice.

Edited to add: Some posted their interperetation of the contract legalities siding with the seller (and they may be correct under the law). However, there exists a "norm" in the hobby that differs, and is the one under which I believe most of us operate.

[Scott L.]

Originally Posted by obcmac

The rules we play by are very clear to me...if you buy a card, you get the card...or a refund. Any weaseling out of your obligation to deliver one of these two things is disgusting. As as seller I protect myself with insurance and proof of delivery...it is not the buyers job to cover my responsibilities.

Mac

Well put.

[Tyruscobb]

I’m sorry. I just do not understand why people think the seller should bear the entire loss. I’ve thoroughly explained the legal analysis, and how it works in the real world. People either do not know the law or simply do not care. People have grown so accustomed to how EBay and PayPal handle things.

These companies’ policies are just that - their policies. They are not the law and do not control two private individuals entering into a contract, especially if just Friends/Family is used.

Buyers and sellers need to take responsibility for their actions. Do your due diligence. Do not leave anything to chance or assumption. The reason is that one contractual party may assume A, while the other party assumes Z. The parties need to spell out the deal’s entire terms and conditions. It is not hard or difficult.

If two people enter into a contract that includes shipping, the contract is completed when the shipping carrier takes possession. It does not include delivery unless specified. The reason is that the seller, like the buyer, has no control over UPS, FedEx or the Postal Service. The seller is not the one delivering the package.

Yes, the seller may have chosen the Postal Service over UPS, but that decision, absent a negotiated carrier, still does not shift the loss risk onto the seller. These are acceptable carriers.

If a third-party carrier loses the package, it is not the seller’s fault. So, why should he take all the loss? What did he do wrong? The seller is also not at fault. So, the law aside, because both parties are innocent, and because this is a friendly board, I’d say to split the difference. Both parties take a 50% hit. But, those clamoring for the seller to take all the loss, absent certain negotiated terms, such as the required carrier, who bears the loss burden, insurance, etc., are just wrong - in equity and the law.

[obcmac]

I just wanted to add, that I didn't mean to imply that Brian wasn't going to hold up his end of the deal. Maybe it's not the timeline the OP would have liked, but sounds like Brian is making good on his end of the deal. I would absolutely continue to buy items from Brian without reservation...even more if he would ever give me that large discount I keep hoping for.

Mac

Originally Posted by obcmac

The rules we play by are very clear to me...if you buy a card, you get the card...or a refund. Any weaseling out of your obligation to deliver one of these two things is disgusting. As as seller I protect myself with insurance and proof of delivery...it is not the buyers job to cover my responsibilities.

Mac

[Directly]

Originally Posted by Jim65

If paid by PayPal Goods, its the sellers responsibility until the package is delivered. If paid by PayPal Friends, the buyer just learned a valuable lesson. When you pay by Friends, you give up all of PayPal's buyer protection. I never use PayPal Friends, I add the extra fee. This situation is exactly why, long time trusted seller who it appears is not going to refund on a lost package. Always protect yourself.

Personally, PayPal rules shouldn't matter, the seller should do the right thing and refund.

Paypay G/S versus F/F transaction--the rest of the story.

Working with a dealer with transaction to purchase a Gehrig Goudy card, I was a little short on cash to acquire card.

Not excepting a check, or credit card I was politely asked if I had Paypal--Yes, no problem I replied.

F/F I was advised would save us both a little $$--again no problem I thought. Having to use my cell phone I had issues with hitting those little numbers/letters. A young computer savvy person was watching my dilemma volunteered to assist. He entered the request and sent $1,000. After all was sent, the money went to someone else whom I didn't know. The young person said sorry and went on his business..Have I been scammed ?

I called Paypal several times and was advised because the funds were transferred per F/F there was no recourse on their end since the funds were not transferred per G/S! When I tries to use Paypal again to purchase the card my account was blocked, no fault of the seller.

I had to leave the show Sunday to catch my flight so didn't have a chance to go back to make the deal. I thought to myself I'm lucky it wasn't more money lost.

When I arrived home I received an email asking why I sent $1,000 to him. I relied what happened. He promptly refunded the money.

Moral of the story, IMO there are more honest people out there than not.