Lost/Stolen Package UPS - Happy Ending :)
Jan 21, 2008 at 5:40 PM Post #46 of 105
The seller opted to not up the insurance, HE is responsible for the loss. Call the credit card company and have them return your money. If you didn't use a credit card then bother ebay until they do something about it. The seller will be making the claim with ups as he is the shipper and it is his responsibility to recoup the money from them. His responsibility to you is to return your money. I would be really pissed for him even implying that it is your responsibility. Do you have a link for the seller on Ebay? I would like to look at his auctions.
 
Jan 21, 2008 at 5:56 PM Post #47 of 105
Quote:

Originally Posted by ericj /img/forum/go_quote.gif
1st, get in touch with UPS, and see if they can put you in touch with the driver who may be able to give you more detail about where he left it.

After that, if you don't learn anything useful, I'd say call the cops.


Calling the cops would be a big joke.The cops won't waste their time believe me
at least around where I live.All you would get fom cops around this town would be -Duh.
 
Jan 21, 2008 at 6:59 PM Post #48 of 105
Quote:

Originally Posted by RubyRedHead /img/forum/go_quote.gif
The seller opted to not up the insurance, HE is responsible for the loss. Call the credit card company and have them return your money. If you didn't use a credit card then bother ebay until they do something about it. The seller will be making the claim with ups as he is the shipper and it is his responsibility to recoup the money from them. His responsibility to you is to return your money. I would be really pissed for him even implying that it is your responsibility. Do you have a link for the seller on Ebay? I would like to look at his auctions.


While not the wisest move on the seller's part, and I would never ship anything without insuring for full value, it is not the seller's responsibility to buy insurance for the full purchase price - it is the buyer's. In general the law is that the risk of loss passes to the buyer as soon as the product is out of the seller's hands. If buying anything expensive, the prudent thing to do is to ask about insurance before the transaction and pay for it if necessary. If the seller does not offer insurance, move on.
 
Jan 21, 2008 at 7:17 PM Post #49 of 105
Except when you are on Ebay and feedback is important to you. I'm not saying this particular seller is worried about it, but most sellers are very conscious about this. Non the less, that is good advice Santa.
 
Jan 21, 2008 at 7:54 PM Post #50 of 105
the ebay auction says this:

Quote:

Shipping insurance

Included (in the shipping and handling cost)


insurance was included. just not enough. so it is true and not true. i think it was the fault of each of us to be honest. he should have insured for the auction price and i should have requested made clear the insurance amount. i'll see what happens. as of now, i'm not even sure i am going to get anything back.
 
Jan 22, 2008 at 12:56 AM Post #51 of 105
I hate to put it so bluntly--but here goes:

You need to be more proactive on your own behalf, and read more of the info on the eBay site. You should be in the clear without question and receive a full refund, including the shipping and insurance fee.

I searched on the completed Grado RS2 sales and found the item description here:

Grado RS2 Headphones - eBay (item 160196631901 end time Jan-07-08 09:07:51 PST)

First, it's crystal clear that the seller states that the shipping insurance is included in the $15 fee. He did not limit the amount in any way, whatsoever......and, on top of it, you ended it early with the "Buy It Now" option, so there is no question--you paid the seller's asking price, and his quoted shipping fee included insurance.

Second, it certainly seems obvious that the only payment method accepted by the seller was PayPal, and it's clearly shown that the buyer is protected for up to $2,000 on this particular transaction by the Buyer Protection Policy.

It's not your fault that the seller screwed up and didn't properly insure the package, nor that UPS "lost" it and failed to get it back in a timely fashion.

Time's a wastin'.......file the claim with PayPal right away. Call their customer service and explain what happened--if my experience on a similar situation is typical, they will credit you almost immediately and then get their money back from the seller.
 
Jan 22, 2008 at 1:13 AM Post #53 of 105
If I were you, I'd small claims the guy in the apartment where the headphones were mistakenly delivered. If you don't know his name, you should be able to file with a Doe defendant then subpoena the landlord for the name of the resident.

Have a process server drop by with the complaint and also include a letter. Offer to drop everything if you get the headphones back. Should work if they haven't fenced them yet. Worth asking for specific performance in the complaint, as well.

I don't think you could be hit back with it being frivolous or anything since you do have good proof the residents there have your RS-2s.

Good luck, though. Sorry this happened to you.
 
Jan 22, 2008 at 4:00 PM Post #56 of 105
Quote:

Originally Posted by Uncle Erik /img/forum/go_quote.gif
If I were you, I'd small claims the guy in the apartment where the headphones were mistakenly delivered. If you don't know his name, you should be able to file with a Doe defendant then subpoena the landlord for the name of the resident.

Have a process server drop by with the complaint and also include a letter. Offer to drop everything if you get the headphones back. Should work if they haven't fenced them yet. Worth asking for specific performance in the complaint, as well.

I don't think you could be hit back with it being frivolous or anything since you do have good proof the residents there have your RS-2s.

Good luck, though. Sorry this happened to you.



yeah. i thought about that. but i don't really know if he has them. he may. but he may not. what is my complaint going to say. this person may have my headphones. he'll respond. i don't know what you're talking about. i need to see if i can get more information from UPS - the delivery information says front door. i need to know if that means front door of apartment complex or front door of actual apartment. if the latter, then i think there is a good chance the tenant there may have them.
 
Jan 22, 2008 at 4:20 PM Post #57 of 105
Quote:

Originally Posted by vcoheda /img/forum/go_quote.gif
yeah. i thought about that. but i don't really know if he has them. he may. but he may not. what is my complaint going to say. this person may have my headphones. he'll respond. i don't know what you're talking about. i need to see if i can get more information from UPS - the delivery information says front door. i need to know if that means front door of apartment complex or front door of actual apartment. if the latter, then i think there is a good chance the tenant there may have them.


I would waite for him in the dark and kick him a new A-s.
 
Jan 22, 2008 at 4:58 PM Post #58 of 105
it get's more interesting. i just spoke to UPS and they confirmed that the package was indeed left at the front door of the apartment and not just of the building, so i think this is further evidence that this tenant has my headphones.

so it was delivered at 3:00 PM and left at his front door. i was at his apartment that night at 9:00 and it was not there - only a 6 hour gap. unless it was taken by somone else in that short time span, he has them.

i am going to try to leave a note on his door tonight telling him i believe he has my headphones and ask for their return. if nothing happens, i think i will file a small claims suit against him. but even then, i think my chances are slim for although i think it is likely he has them, he can still say "i have no idea what you're talking abou." :/

man. i can't focus on my work. i'm so mad. the thought of this guy manhandling my RS2s gets to me.
mad.gif
 
Jan 22, 2008 at 5:30 PM Post #60 of 105
vcoheda, if you file in small claims court, you are simply causing more problems for yourself, as you already note.....just file the PayPal claim and be done with it, and wait for a deal on another pair.
 
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