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Kari


Dooney & Bourke

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lost in the mail? who bears the risk?
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So, I sold some BCBG pants on ebay...the buyer paid, I shipped, and when she received them she said they didn't fit and wanted to return them.  My auction specifically said no returns.  I told her so, and she said that a button was missing!  I know that button wasn't missing when I shipped the pants...so anyway...I could tell she was trouble, so I just told her to return the pants and i would refund her.


WELL....it has been weeks and the pants never showed up.  I just didn't worry about it until I got an email two weeks ago that says she returned the pants and wants a refund.  I told her that I had not yet received them, but that as soon as I did, I would return her money.  Well, today I get a new email from her demanding the refund...but I still don't have the pants.


Is it my fault if they never arrived?  I've searched ebay policies, but can't really find anything.


Any of you know what I should do?



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Jahni


Dooney & Bourke

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kick her in the shin...


did i spell that right?


anyway...according to contract law...which i've been studying through and through..yeah right...I'm going to say that she has the risk of loss...and I say that because you have already fulfilled your pre-existing duty of shipping the pants...i don't think any of this makes any sense and i'm just making it all up...so please stop reading it...


 


 



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It's pronounced "Johnny," like the boys name....but spelled like an Indian Zuchini.
Kitty


Hermes

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I wouldn't refund her and if you never received the pants, thats HER fault. You were doing her a favor by bending your policy.

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travelgirl


Kate Spade

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Tell her you would be glad to refund her if she sends you the tracking info or delivery confirmation showing that it had been delivered.  If she cannot do this, do not refund her money.


I had the exact same thing happen to me-so frustrating!



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Kari


Dooney & Bourke

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Posts: 921
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travelgirl wrote:

Tell her you would be glad to refund her if she sends you the tracking info or delivery confirmation showing that it had been delivered.  If she cannot do this, do not refund her money. I had the exact same thing happen to me-so frustrating!

I asked her how she sent it and if she could track it.  She said she just sent it regular mail with no tracking or anything.  I am just trying to anticipate what will happen in a dispute if she tries to file one. 


To top it all off, I now have another auction where I sold a juicy track jacket.  The buyer promptly emailed me with a sob story about how someone had hacked in to her paypal account and that it was "frozen" or something...and that she was trying to set up a new one.  In the meantime she wanted to mail me a check.  I reminded her that my auction policy stated that I accept ONLY paypal...and that there was no way I was accepting a personal check, but that I would agree to a money order.  Well, big suprise...weeks later and no payment.  I just filed a dispute on her. 


I try to be nice and accomodate people...mostly cause I am too lazy to relist the item...and this is what happens.  I might retire from ebay and resort back to garage sales!



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Kari


Dooney & Bourke

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Posts: 921
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Jahni wrote:

kick her in the shin... did i spell that right? anyway...according to contract law...which i've been studying through and through..yeah right...I'm going to say that she has the risk of loss...and I say that because you have already fulfilled your pre-existing duty of shipping the pants...i don't think any of this makes any sense and i'm just making it all up...so please stop reading it...    

Alright Jahni!  Stop it before you hurt yourself or somebody else.  I swear, all of this studying and we still only know enough to be dangerous and probably commit malpractice.


I think we should put contracts aside and work hard on property!!!  I HATE PROPERTY LAW!



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Kitty


Hermes

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eBay always faults the seller if the buyer doesn't recieve an item. So, I think it would be pretty hypocritical if they don't fault the buyer in an unreceived return.



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twinkle


Coach

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Posts: 1641
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how annoying is selling on ebay lately!? i am sorry about this... i definitely would not refund her... it sounds like she is trying to scam you, personally.


i want to say ebay would protect you in this case but they probably wouldn't. sigh



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jettie


Kate Spade

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Posts: 1026
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I don't think you would need to refund her.  She doesn't have proof that the pants were delivered...


But who knows with all the weird ebay policies.



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