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Item delivered, supposedly wrong, person won't return item and created chargeback

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head on over to ebay. There are a lot of items that do not list the location of the seller.
By the way, I searched Google for "ebay item location" and the second hit was this policy:

"Sellers must be clear and accurate about the location their item will be shipped or picked up from. We don't allow false, inaccurate, vague, or misleading information about the location of an item in the Item location field or description. When listing items for sale, sellers are expected to provide the city, state and country of their item so shipping charges and delivery times can be accurately calculated and communicated to buyers."
 


justalayman

Senior Member
CameronNewport;3067547]Absolutely incorrect. You're assigning arguments to me that I never made, and you're ignoring the arguments I did make.
How is that. In the OP's situation, you said because the buyer initiated contact and since they made the contact with the Florida entity, Florida claims jurisdiction. Then you quoted a case where the seller was determined to have made contact (in an eBay situation, just like our here) and somehow argued that it applied to our case. It states the facts are completely opposite.


case cited

seller NOT in Florida, buyer in Florida, ebay sale

results; seller ruled as having initiated contact, Florida claimed jurisdiction


our case: seller IN florida, buyer in NY,


so, how do you get the in our case, buyer made initial contact? How do you get Florida has jurisdiction?

The facts are completely opposite so, based on that, since in the case cited Florida did claim jurisdiction, the opposite would be Florida DOES NOT have jurisdiction in our case.

The court noted: "Rotta alleged that Jones' representatives initiated communications with Rotta, knowing Rotta was a Florida resident." How could the simple act of posting an eBay auction in NY be construed as knowingly communicating with a specific resident of Florida? Common sense tells us that something occurred outside the parameters of a typical eBay transaction
.really Common sense? Not a chance. Either you have support for the claim or it is what you see.



I never mentioned fraud.
In the cited case, yes, you did and that is the only thing different here. There is no claimed fraud in the inducement to contract in our case.

You either haven't read my posts very carefully, or you're purposely creating a strawman that you can tear down.
read every one. The straw man is out in my field chasing away crows so don't worry about him.
 
How is that. In the OP's situation, you said because the buyer initiated contact and since they made the contact with the Florida entity, Florida claims jurisdiction. Then you quoted a case where the seller was determined to have made contact (in an eBay situation, just like our here) and somehow argued that it applied to our case. It states the facts are completely opposite.
I suggest re-reading the case (again), then re-reading my posts (again). The court did not determine that the seller initiated contact, and I did not cite the case to try to establish that the OP initiated contact. You're way off base.
 

Proseguru

Member
Right now the seller has to wait for paypal ... suing right now may be a waste.

I don't see how the buyer is going to win a charge back...the buyer has the merchandise.

But paypal's method of doing things is unpredictable. I don't use paypal..too many complaints.

And its not needed anymore ... buyers can buy from a paypal account w/o having a paypal account.

The seller should not have gone through paypal at all.
 

TheGeekess

Keeper of the Kraken
Right now the seller has to wait for paypal ... suing right now may be a waste.

I don't see how the buyer is going to win a charge back...the buyer has the merchandise.

But paypal's method of doing things is unpredictable. I don't use paypal..too many complaints.

And its not needed anymore ... buyers can buy from a paypal account w/o having a paypal account.

The seller should not have gone through paypal at all.
So obviously, you don't have a clue as how PayPal and eBay work. :cool:
 

Proseguru

Member
So obviously, you don't have a clue as how PayPal and eBay work. :cool:
Yes I understand how it is supposed to work and how it actually works ... I know many who have had experiences similar to this OPs ..

paypal is nobody's friend and either is ebay ... use caution and common sense when dealing with this website...many scammers
 

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