Ebay Item Not Received

[JK22]

Michigan.

I purchased a professional reel to reel tape recorder on Ebay for $296 plus $79 for shipping. I paid in full on 8/27/10. The item was shipped on 8/30/10 and was secheduled to arrive on 8/31/10.

The item never arrived, and I was told by Fed Ex that it was because the shipper did not include the correct APT# and they could not locate me, so the item was being sent back to the shipper.

The estimated delivery date was 4-9 business, and ebay's website says that if an item has not been recieved by that time, 3 days after, an "Item Not Received" case can be opened and a refund will be issued.

So I waited that amount of time for either the item to arrive or the seller to contact me, and neither happened, so I opened a case on 9/13/10.

Well, immediatley after opening the case, the seller came forward and said that Fed Ex still had my package, but they had been attempting to deliver it to the wrong address this whole time because of the incorrect address, and now that he's given them the correct address, they will re-deliver it to me tomorrow.

Ebay took his side and he won the case, and they released the money to him, and ebay is refusing to issue me a refund, saying that I will need to either arrange to be home to get the item, or arrange to pick it up. It is located about 20 miles away and weighs about 80lbs. I didn't pay $80 to have to drive 20 miles and carry an 80lb package up three fights of stairs to my apartment, nor do I even have transportation to get there to even pick it up.

The other problem is I work all day, and will not be able to be home to get it when they re-deliver either. I recently moved to a new city and don;t know anyone well enough to trust them signing for my $400 package.

I undertstand its my resonsibility to be home to receive the item, but as far as I'm concerned that responsibility is only valid within the promised delivery date of 4-9 business days.

If I knew ahead of time that the estimated delivery date was 19 days, there's no way I would've purchased it, because I knew that I wouldn't be able to be home at that time to receive it.

I purchased it knowing that I could be home to receive it within the estimated delivery date. Its his fault that the address was wrong, and that it is now a week late, and now I can't be home to receive it anymore.

Fed Ex will only hold the package for like a week and then return it to him.

I asked ebay then would he get to keep my money and his item and they said no, but refused to tell me would happen at that point otherwise, and just said to do whatever I can to obtain the item from Fed Ex somehow.

I know I'm not going to be able to get that item before they send it back to him, so what are my chances of getting my money back eventually from ebay or the seller, once he has the item back?

Is it still my responsibility to arrange to get the item even though its past the promised delivery date?

Will I then have to pay shipping again for him to send the item back again, now altogether over a month after sending payment?

I feel like I did nothing wrong and it was his fault for messing up the address on the shipping label, yet he gets my money, and I may never get the item. Why am I the one being punished?

I apologize for the extremely long post, but I am just very frustrated over this situation, and needed some place to vent, and hopefully someone can offer some advice.

Thanks

 

[Mass_Shyster]

eBay's terms and conditions probably contain a clause somewhere supporting their side.

Whenever I buy through eBay, I pay with paypal through a credit card. That adds layers of protection. If Paypal does not side with me, I can go to the credit card company.

You can file a suit for breach of contract in small claims court, but that may need to be done in the seller's jurisdiction.

 

[FlyingRon]

How did you pay?

Estimated delivery dates mean squat. Generally the seller has no control over this, it's something ebay (inappropriately in my opinion) inserts in the shipping calculator.
It's your responsibility to sign for packages or make other arrangements. If the value of this shipment is over $250 the seller is pretty much bound to demand a signature to protect himself with PayPal.

 

[patstew]

Have you checked to see if you can pick it up at a Fedex location? Might be worth a try.

 

[davew128]

And the reason they can't deliver to your work location is?

 

[JK22]

How did you pay?

Estimated delivery dates mean squat. Generally the seller has no control over this, it's something ebay (inappropriately in my opinion) inserts in the shipping calculator.
It's your responsibility to sign for packages or make other arrangements. If the value of this shipment is over $250 the seller is pretty much bound to demand a signature to protect himself with PayPal.

I paid through Pay Pal.

 

[JK22]

Have you checked to see if you can pick it up at a Fedex location? Might be worth a try.

I don't have transportation to get to the location they're holding it at. The only reason I ordered it was because it was supposed to be delivered to my house. If I had transportation, I could've just bought one locally and picked it up. I ordered online for delivery.

Now Fed Ex is saying that they've exceeded the amount of delivery attempts, even though they've been attempting to deliver it to the wrong house, and just because the seller gave them the wrong address, thats not their fault, its the sellers they said. Yet ebay seems to be blaming me.

 

[JK22]

And the reason they can't deliver to your work location is?

I work construction and the site is always changing, as well as I take a bus to work and the item is too big to carry by hand regardless of the weight.

Besides, they've already told me they aren't delivering it anymore, and I have to either pick it up, or they will send it back. As I said before I have no way of getting there or getting it home.

How am I in the wrong here?

I ordered an item. Paid for it immediately through paypal, have waited over 2weeks, and not received 1 delivery attempt to my apartment.

Last night when I spoke with ebay, they said because he provided tracking info and the item is going to be delivered that he is entitled to his money, and they promised it would be delivered today. No item arrived today, and Fed Ex is NOT delivering it. So, if they never actually delivered the item. Why is he allowed to get the money?

So I could sell something, deliver it to my friends address "by mistake", and then collect my money, just because I "shipped it".

I filed an "item not received" case, not an "item not shipped" case.

 

[JK22]

Yeah, he does not want to go to the fedex location & pick it up ... well, thats life dude -- he should know that this is a possibility when buying something on ebay. Its 20 miles away , not that far & 80# weight, not that heavy. He's just going to either make the 40 mi trip or forget about his money and item he won on ebay.

I didn't say I don't want to. Please don't mis-quote what I said.

What I said was for the $80 I spent on shipping, I felt I shouldn't have to pick it up, but I would love if I was able to go there and get my item and end this situation. As I said before, I don't have transportation to get there or to transport it home.

 

[JK22]

How did you pay?

Estimated delivery dates mean squat. Generally the seller has no control over this, it's something ebay (inappropriately in my opinion) inserts in the shipping calculator.
It's your responsibility to sign for packages or make other arrangements. If the value of this shipment is over $250 the seller is pretty much bound to demand a signature to protect himself with PayPal.

But what if the package has never been delivered to me to sign for?

Aren't I entitled to at least 1 delivery attempt?

I agree the seller normally has no control over the shipping time of the carrier, but in this case it was the seller who gave an incorrect shipping address and caused the 2 week delay.

And now because they have used up their maximum delivery attempts to the wrong address, they won't delivery it to me.

I know its my responsibility to sign for packages, but how can I sign for a package thats never been delivered to me?

 

[justalayman]

And now because they have used up their maximum delivery attempts to the wrong address, they won't delivery it to me.

as far as FedEx is concerned, they were attempting to deliver it to the correct address. It isn't their fault and trying to change an address midshipment seems unlikely. There is little alternative than to return it to the sender who can readdress the package and reship it.

I see no reason to be able to demand a refund so the seller is simply going to have to reship it to your apartment. This should not cost you anything if it is the senders fault.

If the seller refuses to ship it to the proper address, then you have a claim against the seller for a refund.

 

[JK22]

as far as FedEx is concerned, they were attempting to deliver it to the correct address. It isn't their fault and trying to change an address midshipment seems unlikely. There is little alternative than to return it to the sender who can readdress the package and reship it.

I see no reason to be able to demand a refund so the seller is simply going to have to reship it to your apartment. This should not cost you anything if it is the senders fault.

If the seller refuses to ship it to the proper address, then you have a claim against the seller for a refund.

I totally agree with you. Fed Ex has been more than generous with their delivery attempts. Its not their fault that he gave them the wrong address.

The seller actually did contact them monday and give them the correct address, but like I said now its exceeded their max attempts, so if I can't pick it up it will be sent back.

My biggest concern now, is if he won't give me a refund, and if they say that I'm responsible for paying to have it shipped back again, if I ever want my item.

I don't have another $80 to have it shipped again, so if that happens I may never get my item or money.

I was thinking of asking for a refund on the original shipping since it was his fault, then I could use that money to take a cab there to pick it up at the Fed Ex.

I''m on hold w/ ebay right now. It takes like 2 hours to get through to them.

I'll be back with an update after I get off the phone.

 

[justalayman]

I'm surprised FedEx would do an address change on a package mid-shipment. That puts a huge liability on FedEx and if you think about it, is a way to skirt the eyes of the law for some nefarious activities.


Since you paid for the shipping and due to the sellers fault it could not be shipped to you, you should be entitled to a refund of the shipping costs or, of course, have the seller reship it to you at no additional cost.

Since the shipping was part of your original contract, if the seller cannot or will not complete the contract as agreed, you should be able to rescind the sale in it's entirety.

 

[patstew]

What I said was for the $80 I spent on shipping, I felt I shouldn't have to pick it up, but I would love if I was able to go there and get my item and end this situation. As I said before, I don't have transportation to get there or to transport it home.

You don't have a friend or relative who can take you?

I'm also interested in how the wrong apartment number got on your delivery address. Was this a mistake by the shipper? Were they given the correct address?

 

[JK22]

No, I just moved to a new city and don't really know anyone well enough to ask them to drive me 40 miles and pick up a large package.

My address was correct on ebay's info, so he got my right address, he must of copied it wrong over to the label.

As of now, I filed an appeal, and I'm waiting for the results which should be another day or so.

If I lose and dont get my refund, ebay has offered a $10 refund to pay Fed Ex to attempt one more delivery to my apartment. So basically, I'm going to have to take another day off work mon or tues so I can be home to accept it, if I don't get a refund.

But at least I'll have my item.

The other thing I'm worried about is that this is a fragile item, one that is risky to ship even once, but this item has been attempted to be delivered like 5 times, and I wonder if its even going to work.

If it is DOA, then I can definitly get a refund back, but thats not something I'm hoping for. That would probably be an even bigger problem.

Whatever the outcome, this seller is going to be left with the most slandering feedback in the history of feedback