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Seller Breach on Ebay?

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A

augrad98

Guest
I live in Alabama. I bought a video game on ebay for my wife. I used the pay now option, through PayPal, so it did not go through an auction. I paid $14.00 for the game pluse $3.50 shipping. It has been over 2 months since I paid for it and still have not received the item. I have been in contact with the lady that I bought it form and she says she mailed it and has the receipt. She claims to have been to the post office at least twice trying to track the item with no success. I asked her to send me a copy of the reciept so I could try the post office on this end and she agreed. It has been almost three weeks since I asked for the receipt and I havn't got that yet. I have confirmed my address with her twice, not including the original time that I bought the item. I asked her to return my money, less the shipping, because I didn't find it fair to pay for something I did not receive. She refused stating that she has no recourse being that she mailed the item. That I am the one with recourse, which to me sounds like she is saying tough tootie. From what I have read on this site about contractual law, she and I entered into a contract of which she has not fulfilled her end. It was only supposed to take 10-12 days for mailing. All I want to know is if this was a contract and is she in breach of it. Thanks.
 


JETX

Senior Member
Yes, there was a contract. You agreed to pay for an item (offer), and she agreed to ship the item to you (acceptance).

Without any evidence to the contrary, both of those conditions have been met. (You may 'suspect' that she didn't ship, but she has the same rights to claim as you that you didn't receive the 'goods').

And since your contract made no provisions or requirment that she PROVE shipping, her claim (of shipping) is just as valid as yours (of having NOT received).

At this point, your only options (as I see them) are:
1) To pursue legal action against her (not economically practical), or
2) To learn from this and pay for insurance or proof of shipping next time.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Or, as I see it . . .

3) Stop buying off the Internet. If you want something, buy locally so in the event of "something" goes wrong, you'll have quick and local recourse.

Buying anything off the Internet is, at best, a fools game.

IAAL
 
T

tackfix

Guest
same ripoff

I to made a on-line purchase thru Bargain & Haggle. A tent. It's been near 2 months. I have asked for shipping company & tracking #s & have recived nothing. Seller was selling for a company. she sent me on-line order receipt that showed u.p.s. as carrier, but they didn't ship with them. sence i paid for this item & paid for shipping ,i should have the right to know who they shipped with? the company claims that i recived item. yet won't tell me who they shipped with. Think of the bright side. your only out 17.50 i'm out 55.00. seedless to say, i have quit buying on-line. if e-bay & b&h won't except some responsablity & at least make seller show shipping info,then we, the buyers should put them out of business.
 
Last edited:
post negative feedback

Ebay has the feed back system just for things like this, post negative feed back. This may or may not help you get satisfaction from the seller, but it helps alert future buyers to be careful with this seller.
 
N

ncpmedic

Guest
Another idea is to go back to paypal and look under cust service. I got jipped out of a computer, but I paid with a Credit Card and with Visa and Paypal I got all byt 20.00 back. Go to paypal and look under cust service or support for some ideas, but I know there is a time limit to it.
 

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