Ebay dilemma - am I responsible?

[bicker]

I still dont agree that its the sellers job to make sure the UPS or post office hands the package to the buyer...that is just me but unless you want to pay for personal hand delivery on items you are never going to be totally assured it will be handed to you

I find myself in the very very very strange position of taking the consumer's point-of-view in this case, something which many DIS members who know me know is relatively rare (since so often concerns posted online notably lack consideration of the seller's point-of-view).

A sale is an agreement between the buyer and the seller. The seller agrees to provide a product and the buyer agrees to provide payment. It is therefore the sellers unequivocal responsibility to provide the product. In this case, the seller engaged an agent to factor and warehouse the product, and engaged an agent to deliver the product. These folks both were agents of the seller, not of the buyer, so the seller is completely responsible to the buyer for the non-performance of these agents. Without proof that the package(s) were delivered, the seller is liable.

There are two ways to avoid this situation:

• One is to force the buyer to arrange for their own delivery. In such cases, the seller's warehouse will have proof of the pick-up by the delivery service, a receipt that the seller can use to show that the product was delivered to what is now the buyer's agent, the delivery service.
• The other is to use the delivery service's delivery confirmation services. USPS even offers "Restricted Delivery" which ensures that the seller will have proof that a specific person (the buyer) took delivery, not some random person on the street.

These are either less convenient or more costly, but that is the price of avoiding this kind of situation. Keep in mind that the factory is incurring a loss in this case, on behalf of the seller. Businesses incur losses like this every day -- it's the "cost of doing business." This is a happy ending for our friend, the DIS member, because she didn't have to bear this loss as the seller.

However, this story is useful as a demonstration of what could happen when selling items through eBay: In the end, the buyer is not responsible for payment if there is no proof that the product reached the buyer, individually.

 

[d4est]

And the buyer could just lie about delivery. So a seller really has NO protection unless they do one of the two things listed by bicker. Hmmm, more reasons for me to take my stuff to a consignment shop.

 

[Southern4sure]

First of all - I'll just add that UPS is one of my favorite delivery services - right up there with Fed Ex. However, recently I was anxiously awaiting delivery of a package. I followed the tracking online all day - as it was showing "out for delivery." I waited here all day long and when no package came - I checked the status online and it stated something like "customer not available for signature, will reattempt delivery tomorrow." UGHHH!! I had been here all day long, took my shower at 6am in the morning so I wouldn't be in the shower when they attempted to deliver. And...I still don't know why they didn't leave a note on my door and leave the pkg in the apartment office - like they usually do when I'm not here. Clearly, they either tried to deliver to wrong place - or gave themselves a 1-day extension by stating I wasn't available. By the way - it was supposed to be a "2nd day" delivery and they went over by a day. I did get my package the next day, though. Stuff happens

Recently I had my sis come visit me but she realized she forgot to put a suitcase in the car so my mom sent it overnight through UPS. It cost $85. and some change for this and it was suppose to be guaranteed by 10 am next day. The next day by noon we called UPS to find out where the package was and was told they were behind schedule. My mom went to the UPS store and showed the receipt where she paid for the guarantee so they had to choice but to refund the shipping. I feel mom lucked up getting her money back because UPS at first said because of the Hurricane is why the delay (I live in central FL not southern FL), then they wanted to say bad weather (it was a beautiful day out) so they gave up and gave the refund.

 

[DisneyGirl4188]

First of all - I'll just add that UPS is one of my favorite delivery services - right up there with Fed Ex. However, recently I was anxiously awaiting delivery of a package. I followed the tracking online all day - as it was showing "out for delivery." I waited here all day long and when no package came - I checked the status online and it stated something like "customer not available for signature, will reattempt delivery tomorrow." UGHHH!! I had been here all day long, took my shower at 6am in the morning so I wouldn't be in the shower when they attempted to deliver. And...I still don't know why they didn't leave a note on my door and leave the pkg in the apartment office - like they usually do when I'm not here. Clearly, they either tried to deliver to wrong place - or gave themselves a 1-day extension by stating I wasn't available. By the way - it was supposed to be a "2nd day" delivery and they went over by a day. I did get my package the next day, though. Stuff happens

That has happened to me several times. They have also stated that my house wasn't labeled. Only one driver ever comes to my home and my house does have BIG numbers on it. I spoke to a supervisor, and they just apologized. They said they would speak to the driver, but it has happened a few times after the first incident.
Another time UPS claimed they left a package in my bushes. I DON'T HAVE ANY BUSHES! I was so mad, because they were saying that I just wasn't looking hard enough. It took several days before they would admit they delivered it to the wrong house.

 

[Jenn Lynn]

I had package that wasn't mine delivered to me at the end of October. Totally wrong address. The street wasn't even the same. Funny thing was that they delivered something I ordered at the same time that day with my correct address. UPS is lucky I am a nice person and called to report it.

 

[LIFERBABE]

I choose not to use UPS if at all possible.

They are self insured and will do/say anything to get out of a claim. I sold a piece of furniture on Ebay that was packaged and shipped by the manufacturer to my home.

I then shipped it unopened, UPS to a lady 300 miles from me. When the package arrived, it was ripped open and looked as if a truck ran over it! Luckily, my buyer first took photos (that she emailed to me) of the damage and then refused shipment. It was funny because the UPS man was in the photos holding the package!

UPS denied my claim and said it was improperly packaged!! I had to email them a nasty letter and attach the photos to show the many layers of packaging ripped away for them to honor my claim.

I now stick with Fedex or Fedex Ground whenever possible.

UPS is shady!