Non-delivery/severe delay on a BST transaction

[Jim65]

Seller is responsible until package is delivered. Have you and the seller discussed a refund?

[bnorth]

Originally Posted by Jim65

Seller is responsible until package is delivered. Have you and the seller discussed a refund?

No matter what the above is always true.

With that said it is up to the reciepetiant how long they should wait till they should get refunded.

I have had this exact problem on both sides with members. As the seller I offer a refund after about 2 weeks. As a buyer I will easily wait a month.

I had a weird one with a trade where my stuff showed up on time and the other persons took close to a month to show up at my house. They did not provide a tracking #. Then when it finally showed up I looked at the date on the package and they had just sent it a few days earlier.

[nolemmings]

Originally Posted by Jim65

Seller is responsible until package is delivered. Have you and the seller discussed a refund?

I agree.

[Tyruscobb]

Originally Posted by nolemmings

I agree.

You can disagree all you want. Please provide some analysis - legal analysis, as to why you disagree please.

[nolemmings]

The buyer paid for a card to be delivered, not shipped. It was not delivered.

[Scott L.]

Never mind.

[Tyruscobb]

Originally Posted by nolemmings

The buyer paid for a card to be delivered, not shipped. It was not delivered.

I have not seen the parties’ emails containing the valid contract - the offer, acceptance, and consideration. However, I highly doubt the contract specified who bore the shipping risk. I’m assuming the invitation for an offer stated something to the effect, ‘card ABC, $100 net to me, shipped.’ This is what we almost always see on this board. Note the key word - shipped; not delivered.

The buyer then probably responded to the invitation and offered to purchase under those terms. He probably replied, ‘I’ll take it.’ The seller then accepted this offer and consideration was exchanged.

Again, the invitation to offer, which the buyer likely responded to, more than likely stated “shipped.” The seller then bore the cards’ risk from the moment immediately after the sale through the time he paid the postage and handed possession to the third-party carrier. At that time, the risk transferred to the buyer.

I’ll stand by my position.

[nolemmings]

This thread does serve a purpose for me, however. I will go on record here and state that I will not enter any transaction with this or any seller who takes the position that I as buyer bear the risk of loss on a package sent by certified mail, unless:
1) I expressly and affirmatively agree to accept that risk; and
2) the package is properly addressed and packaged.

Insurance just isn't that much for seller to factor into his price, and combined with signature confirmation makes certified mail unnecessary. For higher dollar items, I use registered mail.

[BeanTown]

Did the seller offer insurance? Did the seller say this is the priced "delivered" or "shipped" price? Im not sure why the seller would question some different address only after the package got mailed, its moot. The seller having the buyer pay him as Friends and Family put all the risk on the buyer (from Paypal perspective).

Was insurance even used on this deal as I thought priority mail offered like a maximum of 50.00. Im not sure what the dollar amount is, but there should be some accountability.

I have never been apart of a trade or sale where no insurance was involved. I think it's the responsibility on the seller to get the item there and if it gets lost, then the seller gets paid from the insurance claim (which then gets refunded back to the buyer).

Both parties are board members here so hopefully it gets resolved and lesson learned.

[birdman42]

Originally Posted by Tyruscobb

I have not seen the parties’ emails containing the valid contract - the offer, acceptance, and consideration. However, I highly doubt the contract specified who bore the shipping risk. I’m assuming the invitation for an offer stated something to the effect, ‘card ABC, $100 net to me, shipped.’ This is what we almost always see on this board. Note the key word - shipped; not delivered.

The buyer then probably responded to the invitation and offered to purchase under those terms. He probably replied, ‘I’ll take it.’ The seller then accepted this offer and consideration was exchanged.

Again, the invitation to offer, which the buyer likely responded to, more than likely stated “shipped.” The seller then bore the cards’ risk from the moment immediately after the sale through the time he paid the postage and handed possession to the third-party carrier. At that time, the risk transferred to the buyer.

I’ll stand by my position.

How nice for you. If you'll take a moment to reread, you'll see that the OP didn't ask for a legal opinion, he asked about what course to take. In my experience, people who replace a moral compass with legal chapter and verse are people I'd rather stay away from.

I don't buy many cards these days, but when I do it certainly won't be from you.