Need Ebay BUYER Help

[mc'smommy]

Hello everyone and Happy New Year..
I have a little dilema, I sell and buy on ebay... Mostly buy but I do make some money selling.. My dilema is this, I bought a set of 4 snowbabies RARE.... and paid for it using paypal and paid for insurance.
the item arrived in a timely manner which was good becasue it was a present for my sister. When I opened the box, one of the snow babies heads was broken. I gave it to my sister anyways as she knew I was gettng this for her.
I contacted the seller and the seller could not locate her insurance receipt.
she suggsted I send her back the broken baby ( at my expense ) and she would give me a partial refund. Well this is a set and it is discontinued, and my sister is away on her winter vacation. She won't be back until the middle of Jan. so I cannot go and retrieve the broken pc until she returns.
Also I then went to the post office and the clerk told me the item was not insured, according to the postage label......
I contacted the seller and asked if she would send me the postage money in advance and I would return the item in 3 weeks time. I also asked for a refund on the insurance I paid.

I contacted paypal and they agreed with the seller that I need to return the entire set to the seller at my expense and then I can get a refund ! And not a refund on my having to send it back to her.

My question is, Is there any thing else I can do ???????????

I bid, I won I paid immediatley and paid for insurance and I get stuck on the deal... This is a bummer....

Any suggestions would be greatly appreciated !

Thanks
Lisa

 

[fireman17]

Go onto Ebay's site map. I think there is a section for disputes, if you paid for insurance and the seller did not provide it I believe the seller should refund your money.
You as a buyer have protection from Ebay when it comes to items that arrive damaged.
Hope it works out for you..

 

[DMRick]

What state is she from? In NYS she can not legally self insure. You need to be licensed to offer insurance. I wonder if the same is true in other states.

Did you use your credit card? If so, you can file for a dispute, but they too, will say you have to return the item and you pay postage. If it's under $100, your credit card company may just credit you, and tell you it's not worth the money it costs to dispute it. Then they (the credit card) is the one who eats the entire total.

And of course, as the above person says, you can dispute it with eBay, but I don't think you will get the returned postage from them either.

 

[seashoreCM]

Even if it was insured you might not get back the shipping costs in a refund.

Even in New Jersey an eBay seller is not obliged to have an insurance license or purchase insurance from UPS or the post office or whomever every time when shipping items. Whether or not you call it self-insurance, it is certainly nice when the seller graciously refunds the money for a lost or damaged shipment that he forgot to buy the insurance on.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

 

[MNmom2]

I believe the buyer is responsible and has to refund your $$. Let me look around ebay and try to find some more info...

 

[mc'smommy]

I believe the buyer is responsible and has to refund your $$. Let me look around ebay and try to find some more info...

Thanks for your help...
I just cant believe paypal would say I have to return the item at my expense when I purchased the insurance and she did not do that for me...

I am going crazy over this, and why ? I guess out of principal....
I would never do this to my buyers...

 

[MNmom2]

Have you looked at any of the help forums at Ebay? You could post this thread there and someone would have an instant answer and suggestions for you.

 

[DMRick]

We aren't obliged to have insurance in NYS..however, if you say it's insured, you cannot self insure unless you are licensed. You don't have to be licensed in NJ to sell insurance? I thought that was another state where you cannot self insure?

I personally feel, if something breaks in shipping, the first place to look is how it was wrapped. If the wrapping wasn't sufficient, to me that is the seller's fault, and they should refund in full..however, paying shipping both ways.

I'm not surprised that PP won't give back the shipping though..they have no way of doing that. They only have the money you sent..no way to get additional money from the seller. They can't just go into his account, unless it was part of the original sale.

Even if it was insured you might not get back the shipping costs in a refund.

Even in New Jersey an eBay seller is not obliged to have an insurance license or purchase insurance from UPS or the post office or whomever every time when shipping items. Whether or not you call it self-insurance, it is certainly nice when the seller graciously refunds the money for a lost or damaged shipment that he forgot to buy the insurance on.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

 

[kilee]

Paypal never refunds the cost of shipping the item back. Even when the seller is at fault. They will also put a time limit on how long you have to provide them w/ a tracking number for shipping.

 

[wdwfan1]

How was it shipped? USPS? If it came UPS, it is automatically insured up to $100 for the price of shipping.

 

[mc'smommy]

Hi Everyone here is the complaint I filed with Paypal
The item was shipped USPS and I paid $ 1.30 for insurance that was not purchased on my behalf.


Not as described
Buyer's Comments:
I Purchased an item through ebay and paid for insurance, One item in a set of 4 Rare Snowbabies had a broken head, I contacted the seller regarding the insurance I purchased and the seller wants me to return the item to them at my expense. The seller did not purchase nor provide the insurance I paid for. I attempted to collect the insurance forms from the seller but the seller explained that they cannot locate the insurance forms. I contacted the seller regarding this situation as this set is supposed to be "RARE " and it was a christmas gift. My emails have not been returned from the seller recently. sincerely xxxxxxxxxxxxxxxxxx


Now this is PAYPAL's response.....
The seller has offered to provide a full refund once you return the item in its original condition. Please send the item to the seller at the following address:

123 ABC LANE xxxxxxx xxxxxxx, United States ( not the real address )

You are responsible for shipping and handling costs associated with returning the item. Once you ship the item, please provide us with an online tracking number by Jan. 10, 2006. This tracking number allows us to confirm that you shipped the item. Please understand that if you fail to provide this information, your case will automatically be closed.

We recommend that you ship the item using a service that can supply proof of shipment or a tracking number. Otherwise, you may need to rely on the seller to confirm if the item was received.



How can I send it back to the seller in it's original condition, one pc. is broken... the 4 pcs. came in thier original box in styrofoam and then placed in a cardboard box.

And for some reason I can't even respond to paypal unless I do so with a tracking number.

I searched on ebay and it states that if I paid for it using paypal I must go throughthem.. I used existing funds in my paypal account, never again will I allow funds to sit there waiting to be used.. I will always use my credit card for protection from now on....

Lesson Learned.

 

[DMRick]

If your credit card gave you the protection, and did a chargeback, they would not give you the shipping to return the item either. And while the credit card company will often just give you the credit without having to actually get it from the seller (or in this case Paypal..and if they do get it from Paypal, Paypal will just take it from you)..they too, would require you return the defective item. This is really a no win situation, since the seller really should be the person to do the refunding, and should agree to pay for the shipping. Since they won't, there isn't much you can do.
As much as I hate to say it..paypal and your credit card would handle it the same. Neither will return your shipping to return an item.

.. I will always use my credit card for protection from now on....

Lesson Learned.

 

[mc'smommy]

I guess the lesson here is, I will not buy snowbabies fromt this person again and I will only pay with my actual credit card and not with existing funds in my paypal account, since there is no protection for buyers.

The seller has no couth, if she did she would refund my insurance and shipping charges like I had originally asked for.

I have spoken to Paypal dispute department and technically since I cannot return the item to the seller in it's original condition ( since it was broken in transit ) I won't get the money back anyways. Paypal did offer to give me $ 10.00 to ship it back to ehr so I won't be out any money for shippin.... LOL

but I would be out the original $ 42.00 I paid... Does not make a lot of sense..

But LESSON LEARNED!

Thanks everyone for your help....
If you ever need anything Disney be sure to stop by ebay and ahve a peek at my auctions, auctions from an honest seller ! ( rustybaz ) Ebay ID

 

[mc'smommy]

If your credit card gave you the protection, and did a chargeback, they would not give you the shipping to return the item either. And while the credit card company will often just give you the credit without having to actually get it from the seller (or in this case Paypal..and if they do get it from Paypal, Paypal will just take it from you)..they too, would require you return the defective item. This is really a no win situation, since the seller really should be the person to do the refunding, and should agree to pay for the shipping. Since they won't, there isn't much you can do.
As much as I hate to say it..paypal and your credit card would handle it the same. Neither will return your shipping to return an item.

DMRICK
With my credit card anything I purchase over $ 10.00 if it is broken in transit, I just need to mail the receipt and broken item to their claims dept. and they issue me an insurance form and once completed I take it to my bank and they issue me a check right then and there...

That is why I would use my credit card in the future ! Thanks anyways for your help
Lisa

 

[DMRick]

I have that too..I thought you meant you would do a Paypal chargeback on your credit card.
In this case, wouldn't your credit card just give you back the percent of the items broken? And don't you still have to pay for shipping? I don't think my cc will reimburse me the shipping. And (too lazy to go back and look) wasn't the seller willing to do that?
And if Paypal will give you $10 to ship it back, and the seller is willing to give you back a percentage..isn't that a better deal? Or..if Paypal will give you $10 to ship, and you would be sending it back in the orignal shape you got it in... in that case is Paypal agreeing if you send it back, they will reimburse you? I guess I'm now getting very confused LOL. I'm surprised Paypal will give you shipping money in any case.

DMRICK
With my credit card anything I purchase over $ 10.00 if it is broken in transit, I just need to mail the receipt and broken item to their claims dept. and they issue me an insurance form and once completed I take it to my bank and they issue me a check right then and there...

That is why I would use my credit card in the future ! Thanks anyways for your help
Lisa

 

[mc'smommy]

The whole point is that they want me to send it back to her in its original condition... NOT BROKEN, that's when the guy at paypal realized I am not going to win this...


My beef is that it broke supposedly while in transition and I would'nt be out any money if the seller had insured it, and all I originally asked the seller to do was refund me the cost of shipping the item back to her up front so I would not be out any money.. Thinking in the back of my head if I send this back to her and she does not refund me then where am I left ? No money and no item and out extra shipping charges.

She won't admit she did not insure it, she claims she cannot find the insurance slip...

I never asked paypal to do a charge back I was just wondering about insurance from them....

Thanks anyways and have a wonderful new year !

P.S.
If I had paid with my mastercard they send UPS to pick up the item at thier expense, not mine..

 

[tarheelmjfan]

This is a real bummer! I have never had any problems with anything I've ordered from Ebay, but I'm getting kind of leary of ordering from them. Basically, you ordered something that arrived broken, & even if you return the item, you are out money. Personally, I'm not real crazy about the idea of paying something for nothing. I hope things work out for you.

 

[dis ms.]

Boy, reading this just makes me so angry. As an ebay seller and buyer, I can't stand to hear about sellers not being on the up and up.

I'm so sorry you're having to go through this, OP. You should send her some junk in a box and get delivery confirmation. Then you'd have proof that you sent her something. Just like she, um...insured...your package! Please let us know how it works out.

Oh, and before anyone flames me, I'm just kidding about sending junk. But it would serve that seller right!

 

[DMRick]

Who's to say what the original condition was. Maybe she sent it to you broken. Paypal generally doesn't make that decision. If you didn't plan on doing a chargeback, then really, there would be no sense in Paypal being involved. Since you didn't tell paypal you wanted to do a chargeback, that is where I would go back to..fill out the forms for a chargeback, since the item is not as discribed (obviously she never told you it was broken). Usually they say you have to send it back in the orignally condition in which you received it. You would be doing that. It just doesn't make sense otherwise. I don't understand..you though paypal would refund just the amount of the insurance, since she didn't actually buy it? You weren't looking for a chargeback?

Your mastercharge is better than mine. When we used it, they replaced the cost of the item, but not the shipping (I don't know about the shipping to them, because ours just took my word for it and I didn't have to send it in..the paperwork does say it has to be sent in at my expense, so I just assumed..but since they refunded me the price of the item (minus what I paid for shipping..but they did refund the sales tax), I was happy).

The whole point is that they want me to send it back to her in its original condition... NOT BROKEN, that's when the guy at paypal realized I am not going to win this...

I never asked paypal to do a charge back I was just wondering about insurance from them....

clip

P.S.
If I had paid with my mastercard they send UPS to pick up the item at thier expense, not mine..

 

[UrsulasMyHero]

In this case the "original condition" is RECEIVED BROKEN. Paid for insurance, Package shipped uninsured. If you can, have a Postal worker sign a notice stating that. Send that in the package and return it to the person, however they've only given you 10 days, and you said 3 weeks, so the time frame isn't going to work for you.

I'm sorry this didn't work out for you.