Discussion Forum: Thread 291735

 Author: S_H_M View Messages Posted By S_H_M
 Posted: Jun 23, 2021 06:54
 Subject: Seller not responsible ?
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 Topic: Help
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S_H_M (838)

Location:  Belgium
Member Since Contact Type Status
Jan 26, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: My Brickshop
Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?
 Author: alexwilcox View Messages Posted By alexwilcox
 Posted: Jun 23, 2021 07:07
 Subject: Re: Seller not responsible ?
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alexwilcox (1995)

Location:  United Kingdom, England
Member Since Contact Type Status
Mar 21, 2003 Contact Member Seller
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Store: Bracknell Bricks
In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?

If he's not going to help then it sounds like you need to start a paypal
claim,

People can write whatever they want in their terms - if they go against bricklink/paypal/local
laws then it's just a waste of their time!
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 23, 2021 07:14
 Subject: Re: Seller not responsible ?
 Viewed: 81 times
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
They can't do that; they are responsible for the package until it arrives
to the customer. Like alex said, someone can write whatever they want to in their
store terms, but if those terms don't follow the laws, then they're null
and void.

Paypal will most likely side with you if the seller won't cooperate.
 Author: Brickwilbo View Messages Posted By Brickwilbo
 Posted: Jun 23, 2021 07:22
 Subject: Re: Seller not responsible ?
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Brickwilbo (1534)

Location:  Netherlands, Gelderland
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Oct 24, 2007 Contact Member Seller
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Store Closed Store: Brickwilbo Betuwe Bricks
BrickLink Discussions Moderator (?)
In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

18 may isn't that very long.

  
When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

You've 180 days to start a dispute on the PayPal website.

  
What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?

It's already in the TOS.
 Author: Elkenwood View Messages Posted By Elkenwood
 Posted: Jun 23, 2021 07:25
 Subject: Re: Seller not responsible ?
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Elkenwood (173)

Location:  Canada, Saskatchewan
Member Since Contact Type Status
Jun 28, 2013 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Rocket V8 Bricks
In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?

Is it stuck at USPS Chicago? I've had to wait over a month for any package
to leave that facility.

Irregardless, you can contact the courier and have them open up a missing item
inquiry with the tracking number. That way you still know whether or not it's
on it's way before deciding anything further.
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Jun 23, 2021 07:58
 Subject: Re: Seller not responsible ?
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cosmicray (3488)

Location:  USA, Florida
Member Since Contact Type Status Collage
Oct 1, 2000 Contact Member Seller
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Store: Cosmic Toys
In Help, S_H_M writes:
  I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

You are impatient, I understand that. What class of service was the package ?
If it was sent Registered, it will take a very long time to reach you. Tell us
more about the tracking number.

Nita Rae
 Author: pitz8008 View Messages Posted By pitz8008
 Posted: Jun 23, 2021 08:25
 Subject: Re: Seller not responsible ?
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pitz8008 (14719)

Location:  USA, Illinois
Member Since Contact Type Status
Dec 30, 2009 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 0 The Pitz Playhouse
In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?

The 18th of May isn't very long for an international order from America.
And the scanning doesn't get updated very often for international orders.
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Jun 23, 2021 08:36
 Subject: Re: Seller not responsible ?
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peregrinator (764)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Faber Family Bricks
Five weeks since the last scan sounds long, but given that it's an international
order it might still be OK. I would wait a bit longer before starting a PayPal
dispute - and yes, you're correct that the seller is responsible for the
delivery. That's not necessarily true in the US, but it's certainly true
for PayPal.
 Author: superchicken77 View Messages Posted By superchicken77
 Posted: Jun 23, 2021 09:26
 Subject: Re: Seller not responsible ?
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superchicken77 (1267)

Location:  Canada, Ontario
Member Since Contact Type Status
Jan 9, 2013 Contact Member Seller
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Store: SuperChicken Bricks - GTA
Somebody posted a video within the last week about some ebay or amazon sellers
complaining about USPS being slow lately. I would just wait another 3-4 weeks
before starting a paypal claim. Your package is probably on its way, just delayed.



In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?
 Author: StonesHeart View Messages Posted By StonesHeart
 Posted: Jun 24, 2021 10:04
 Subject: Re: Seller not responsible ?
 Viewed: 59 times
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StonesHeart (48)

Location:  Netherlands, Zuid-Holland
Member Since Contact Type Status
Mar 16, 2021 Contact Member Seller
No Longer RegisteredNo Longer Registered
Store Closed Store: Red Brick Shop
No Longer Registered
So bizarre, 3 to 4 weeks, and you all accept this?

I shipped a parcel to a US customer on june 21st, already today it is in the
US. Expected delivery between jun 26th - jul 1st.

Why would there be such a difference between domestic and international?




In Help, superchicken77 writes:
  Somebody posted a video within the last week about some ebay or amazon sellers
complaining about USPS being slow lately. I would just wait another 3-4 weeks
before starting a paypal claim. Your package is probably on its way, just delayed.



In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?
 Author: jennnifer View Messages Posted By jennnifer
 Posted: Jun 24, 2021 10:43
 Subject: Re: Seller not responsible ?
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jennnifer (3531)

Location:  USA, Illinois
Member Since Contact Type Status
Sep 8, 2009 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Old Grey Bricks
In Help, StonesHeart writes:
  So bizarre, 3 to 4 weeks, and you all accept this?

Yes.

  
I shipped a parcel to a US customer on june 21st, already today it is in the
US. Expected delivery between jun 26th - jul 1st.

Not all mail is affected evenly. I have international orders from last month
that have not been processed and an order sent last week that is already in it's
country.
  
Why would there be such a difference between domestic and international?

he order ?

The difference is that, when customs or a sorting facility falls behind, they
leave the packages not finished that day in a container on the side. The next
day, they process the new mail and if they finish in time, go back and start
working on the older packages.

We have Mr. DeJoy to thank for this brilliant and ridiculous process.

Jen
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Jun 24, 2021 10:49
 Subject: Re: Seller not responsible ?
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peregrinator (764)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Faber Family Bricks
In Help, StonesHeart writes:
  So bizarre, 3 to 4 weeks, and you all accept this?

I shipped a parcel to a US customer on june 21st, already today it is in the
US. Expected delivery between jun 26th - jul 1st.

Why would there be such a difference between domestic and international?

You really can't project a single order onto every shipment - especially
given that the order hasn't gotten to the customer yet
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 24, 2021 11:53
 Subject: Re: Seller not responsible ?
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Help, StonesHeart writes:
  So bizarre, 3 to 4 weeks, and you all accept this?

I shipped a parcel to a US customer on june 21st, already today it is in the
US. Expected delivery between jun 26th - jul 1st.


Is it in Chicago? If so, see how long it takes to get out of there. I got two
international packages stuck there currently.

Packages seem to be moving fine for the most part. The only problem area I'm
seeing is Chicago, and whenever something reaches there, it just sits for who
knows how long.
 Author: PurpleOverdose View Messages Posted By PurpleOverdose
 Posted: Jun 24, 2021 12:32
 Subject: (Cancelled)
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PurpleOverdose (293)

Location:  Greece, East Macedonia and Thrace
Member Since Contact Type Status
Jan 13, 2019 Contact Member Seller
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Store: Purple Store
(Cancelled)
 Author: PurpleOverdose View Messages Posted By PurpleOverdose
 Posted: Jun 24, 2021 12:35
 Subject: Re: Seller not responsible ?
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PurpleOverdose (293)

Location:  Greece, East Macedonia and Thrace
Member Since Contact Type Status
Jan 13, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Purple Store
Almost 3 months in Chicago!!!!


Tracking History

June 23, 2021, 12:03 am
Arrived at USPS Regional Facility
CHICAGO IL NETWORK DISTRIBUTION CENTER
Your item arrived at our USPS facility in CHICAGO IL NETWORK DISTRIBUTION CENTER
on June 23, 2021 at 12:03 am. The item is currently in transit to the destination.

March 30, 2021, 2:07 am
Processed Through Facility
ISC CHICAGO IL (USPS)
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Jun 24, 2021 12:37
 Subject: Re: Seller not responsible ?
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peregrinator (764)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Faber Family Bricks
YIKES

In Help, PurpleOverdose writes:
  Almost 3 months in Chicago!!!!


Tracking History

June 23, 2021, 12:03 am
Arrived at USPS Regional Facility
CHICAGO IL NETWORK DISTRIBUTION CENTER
Your item arrived at our USPS facility in CHICAGO IL NETWORK DISTRIBUTION CENTER
on June 23, 2021 at 12:03 am. The item is currently in transit to the destination.

March 30, 2021, 2:07 am
Processed Through Facility
ISC CHICAGO IL (USPS)
 Author: StonesHeart View Messages Posted By StonesHeart
 Posted: Jun 24, 2021 16:07
 Subject: Re: Seller not responsible ?
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StonesHeart (48)

Location:  Netherlands, Zuid-Holland
Member Since Contact Type Status
Mar 16, 2021 Contact Member Seller
No Longer RegisteredNo Longer Registered
Store Closed Store: Red Brick Shop
No Longer Registered
That is just terrible. I feel your pain.

In Help, peregrinator writes:
  YIKES

In Help, PurpleOverdose writes:
  Almost 3 months in Chicago!!!!


Tracking History

June 23, 2021, 12:03 am
Arrived at USPS Regional Facility
CHICAGO IL NETWORK DISTRIBUTION CENTER
Your item arrived at our USPS facility in CHICAGO IL NETWORK DISTRIBUTION CENTER
on June 23, 2021 at 12:03 am. The item is currently in transit to the destination.

March 30, 2021, 2:07 am
Processed Through Facility
ISC CHICAGO IL (USPS)
 Author: crazylegoman View Messages Posted By crazylegoman
 Posted: Jun 23, 2021 10:08
 Subject: Re: Seller not responsible
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crazylegoman (1089)

Location:  USA, Indiana
Member Since Contact Type Status Collage
Apr 1, 2001 Contact Member Seller
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Store: Hoosier Daddy
In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

  Should BL make an general TOS where all sellers are bound
too?

No they should not. It's different in every country, and Bricklink has sellers
and buyers from all over the world.

  should I read his terms and not place the order?

YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.

David
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 23, 2021 10:19
 Subject: Re: Seller not responsible
 Viewed: 90 times
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Buying, crazylegoman writes:
  In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

If the seller is using paypal, then it is against paypal's terms. And its
against BL terms I'm pretty sure.

  
YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.


No its not. That's what insurance is for; to protect the seller, not the
buyer. If you buy from any major company and the package never arrives; what
are they going to do? Either send you another item or reimburse you. What makes
you think yourself or any other BL sellers shouldn't be held to those same
standards?
 Author: crazylegoman View Messages Posted By crazylegoman
 Posted: Jun 23, 2021 11:20
 Subject: Re: Seller not responsible
 Viewed: 91 times
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crazylegoman (1089)

Location:  USA, Indiana
Member Since Contact Type Status Collage
Apr 1, 2001 Contact Member Seller
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Store: Hoosier Daddy
In Buying, firestar246 writes:
  In Buying, crazylegoman writes:
  In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

If the seller is using paypal, then it is against paypal's terms. And its
against BL terms I'm pretty sure.

I searched PayPal's terms and found nothing saying that. Do you have a reference/link
for your claim? I also searched BL's terms for such a rule and found none.
Do you have any reference for this?

  
  YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.


No its not. That's what insurance is for; to protect the seller, not the
buyer. If you buy from any major company and the package never arrives; what
are they going to do? Either send you another item or reimburse you. What makes
you think yourself or any other BL sellers shouldn't be held to those same
standards?

The original message from the buyer did not mention insurance. I can say from
personal experience that NOT every major company is going to send you new merchandise
or reimburse you if the postal service loses your package.

Your claims are based on nothing solid, so I remain thoroughly unconvinced.

David
 Author: zorbanj View Messages Posted By zorbanj
 Posted: Jun 23, 2021 11:36
 Subject: Re: Seller not responsible
 Viewed: 85 times
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zorbanj (805)

Location:  USA, New Jersey
Member Since Contact Type Status
Dec 14, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: ZorbaNJ's Bricks
In Buying, crazylegoman writes:
  
I searched PayPal's terms and found nothing saying that. Do you have a reference/link
for your claim?

There isn't one because PayPal deliberately obfuscates their policies. Here
is a recent thread on this topic:

https://www.bricklink.com/message.asp?ID=1276560

Here is a message from the above thread I wrote that i think is on point:

https://www.bricklink.com/message.asp?ID=1276617

Bottom line, firestar246 is correct, and this knowledge comes from bad experiences
with PayPal.


  I also searched BL's terms for such a rule and found none.

Doesn't matter what BL says. PayPal's policies govern here.

  The original message from the buyer did not mention insurance. I can say from
personal experience that NOT every major company is going to send you new merchandise
or reimburse you if the postal service loses your package.

Depends on who the payment processor is and/or how much leeway they get with
credit card company chargebacks. There is a huge gulf between what major companies
can do vs us pipsqueaks.

  Your claims are based on nothing solid, so I remain thoroughly unconvinced.

You have a perfect record here with almost 900 orders and whatever you are doing
regarding lost orders works. However, PayPal always holds the seller responsible
until the order is delivered.
 Author: yensid View Messages Posted By yensid
 Posted: Jun 23, 2021 13:06
 Subject: Re: Seller not responsible
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yensid (223)

Location:  USA, California
Member Since Contact Type Status
Aug 8, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store Closed Store: Yensid Bricks
In Buying, crazylegoman writes:
  In Buying, firestar246 writes:
  In Buying, crazylegoman writes:
  In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

If the seller is using paypal, then it is against paypal's terms. And its
against BL terms I'm pretty sure.

I searched PayPal's terms and found nothing saying that. Do you have a reference/link
for your claim? I also searched BL's terms for such a rule and found none.
Do you have any reference for this?

On their buyer protection page
https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security

Under, you are protected if…
2. Your order never arrives.
All you have to do is log in to your account and open a dispute to get the refund
process started. If you made the purchase on eBay, start here instead.

Paired with this information in the Seller protection page
https://www.paypal.com/us/webapps/mpp/security/seller-protection

Additional Requirements
For “Item Not Received” cases:
- The payment must be marked “eligible” or “partially eligible” on the Transaction
Details page.
- You must provide proof of delivery for the item

There is more detailed description in their terms
https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#seller-protection

Essentially, if the buyer never receives the package, they can open a PayPal
claim. They will win unless the seller can provide proof of DELIVERY (not just
shipment), or the package was ineligible for buyer/seller protection for some
reason. Therefore PayPal views the items as the sellers responsibility until
delivered to the buyer.

  
  
  YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.


No its not. That's what insurance is for; to protect the seller, not the
buyer. If you buy from any major company and the package never arrives; what
are they going to do? Either send you another item or reimburse you. What makes
you think yourself or any other BL sellers shouldn't be held to those same
standards?

The original message from the buyer did not mention insurance. I can say from
personal experience that NOT every major company is going to send you new merchandise
or reimburse you if the postal service loses your package.

Your claims are based on nothing solid, so I remain thoroughly unconvinced.

David
 Author: crazylegoman View Messages Posted By crazylegoman
 Posted: Jun 23, 2021 23:02
 Subject: Re: Seller not responsible
 Viewed: 83 times
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crazylegoman (1089)

Location:  USA, Indiana
Member Since Contact Type Status Collage
Apr 1, 2001 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store: Hoosier Daddy
In Buying, yensid writes:
  In Buying, crazylegoman writes:
  In Buying, firestar246 writes:
  In Buying, crazylegoman writes:
  In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

If the seller is using paypal, then it is against paypal's terms. And its
against BL terms I'm pretty sure.

I searched PayPal's terms and found nothing saying that. Do you have a reference/link
for your claim? I also searched BL's terms for such a rule and found none.
Do you have any reference for this?

On their buyer protection page
https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security

Under, you are protected if…
2. Your order never arrives.
All you have to do is log in to your account and open a dispute to get the refund
process started. If you made the purchase on eBay, start here instead.

Paired with this information in the Seller protection page
https://www.paypal.com/us/webapps/mpp/security/seller-protection

Additional Requirements
For “Item Not Received” cases:
- The payment must be marked “eligible” or “partially eligible” on the Transaction
Details page.
- You must provide proof of delivery for the item

There is more detailed description in their terms
https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#seller-protection

Essentially, if the buyer never receives the package, they can open a PayPal
claim. They will win unless the seller can provide proof of DELIVERY (not just
shipment), or the package was ineligible for buyer/seller protection for some
reason. Therefore PayPal views the items as the sellers responsibility until
delivered to the buyer.

  
  
  YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.


No its not. That's what insurance is for; to protect the seller, not the
buyer. If you buy from any major company and the package never arrives; what
are they going to do? Either send you another item or reimburse you. What makes
you think yourself or any other BL sellers shouldn't be held to those same
standards?

The original message from the buyer did not mention insurance. I can say from
personal experience that NOT every major company is going to send you new merchandise
or reimburse you if the postal service loses your package.

Your claims are based on nothing solid, so I remain thoroughly unconvinced.

David

I am totally aware of how a buyer can make a PayPal claim. I also realize that
PayPal typically sides with the buyer, even when a seller provides adequate information
from their end. S_H_M claimed that the seller's terms were against the law.
firestar246 claimed that it's against PayPal's terms to put that condition
in a BL store's terms. That's what I'm disputing. It's not
breaking a law for someone to have terms that say that they are not responsible
for lost packages, regardless of how BL or PayPal view it... at least not in
the U.S.A.

David
 Author: wildchicken13 View Messages Posted By wildchicken13
 Posted: Jun 23, 2021 23:15
 Subject: Re: Seller not responsible
 Viewed: 75 times
 Topic: Buying
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wildchicken13 (875)

Location:  USA, Illinois
Member Since Contact Type Status
Aug 11, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Wild Chicken
In Buying, crazylegoman writes:
  I am totally aware of how a buyer can make a PayPal claim. I also realize that
PayPal typically sides with the buyer, even when a seller provides adequate information
from their end. S_H_M claimed that the seller's terms were against the law.
firestar246 claimed that it's against PayPal's terms to put that condition
in a BL store's terms. That's what I'm disputing. It's not
breaking a law for someone to have terms that say that they are not responsible
for lost packages, regardless of how BL or PayPal view it... at least not in
the U.S.A.

David

It may not be against the law per se, but it's unenforceable and quite frankly
deceptive.
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 24, 2021 06:24
 Subject: Re: Seller not responsible
 Viewed: 40 times
 Topic: Buying
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Buying, crazylegoman writes:

  from their end. S_H_M claimed that the seller's terms were against the law.
firestar246 claimed that it's against PayPal's terms to put that condition
in a BL store's terms. That's what I'm disputing. It's not
breaking a law for someone to have terms that say that they are not responsible
for lost packages, regardless of how BL or PayPal view it... at least not in
the U.S.A.

David

I never said it was against the law, I said it was against Paypal terms. And
as yensid showed, I am correct. And since you clicked the "I agree" to Paypal's
terms when you signed up, you should be responsible and adhere to them the best
you can.
 Author: crazylegoman View Messages Posted By crazylegoman
 Posted: Jun 24, 2021 09:33
 Subject: Re: Seller not responsible
 Viewed: 67 times
 Topic: Buying
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crazylegoman (1089)

Location:  USA, Indiana
Member Since Contact Type Status Collage
Apr 1, 2001 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store: Hoosier Daddy
In Buying, firestar246 writes:
  In Buying, crazylegoman writes:

  from their end. S_H_M claimed that the seller's terms were against the law.
firestar246 claimed that it's against PayPal's terms to put that condition
in a BL store's terms. That's what I'm disputing. It's not
breaking a law for someone to have terms that say that they are not responsible
for lost packages, regardless of how BL or PayPal view it... at least not in
the U.S.A.

David

I never said it was against the law, I said it was against Paypal terms. And
as yensid showed, I am correct. And since you clicked the "I agree" to Paypal's
terms when you signed up, you should be responsible and adhere to them the best
you can.

You must have read the message too quickly and mixed up your user name with S_H_M.
Please reread.
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 24, 2021 13:59
 Subject: Re: Seller not responsible
 Viewed: 59 times
 Topic: Buying
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Buying, crazylegoman writes:
  In Buying, firestar246 writes:
  In Buying, crazylegoman writes:

  from their end. S_H_M claimed that the seller's terms were against the law.
firestar246 claimed that it's against PayPal's terms to put that condition
in a BL store's terms. That's what I'm disputing. It's not
breaking a law for someone to have terms that say that they are not responsible
for lost packages, regardless of how BL or PayPal view it... at least not in
the U.S.A.

David

I never said it was against the law, I said it was against Paypal terms. And
as yensid showed, I am correct. And since you clicked the "I agree" to Paypal's
terms when you signed up, you should be responsible and adhere to them the best
you can.

You must have read the message too quickly and mixed up your user name with S_H_M.
Please reread.

Yep, I did. My brain merged those two lines into one. My bad.
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 23, 2021 13:09
 Subject: Re: Seller not responsible
 Viewed: 53 times
 Topic: Buying
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Buying, crazylegoman writes:

  
Your claims are based on nothing solid, so I remain thoroughly unconvinced.

David

How about courtesy to the buyer and good customer service? It's not the buyer's
fault that the package was lost. It's not the seller's either (unless
they packaged it poorly), but when a buyer pays for goods, it is just good business
practice and customer service for the seller to make sure they get them. A buyer
is much more likely to return to a store that reimbursed them for a lost package
than one that does no more then just say, "oh well, better luck next time".
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Jun 23, 2021 13:14
 Subject: Re: Seller not responsible
 Viewed: 62 times
 Topic: Buying
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tons_of_bricks (12715)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Buying, firestar246 writes:
  In Buying, crazylegoman writes:

  
Your claims are based on nothing solid, so I remain thoroughly unconvinced.

David

How about courtesy to the buyer and good customer service? It's not the buyer's
fault that the package was lost. It's not the seller's either (unless
they packaged it poorly), but when a buyer pays for goods, it is just good business
practice and customer service for the seller to make sure they get them. A buyer
is much more likely to return to a store that reimbursed them for a lost package
than one that does no more then just say, "oh well, better luck next time".

I'll also say that good customer service is what separates the good stores
from the bad stores. But going above and beyond just legal obligations is what
separates the great stores from the good stores.

So I guess it all depends on what kind of store you're content to be.
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Jun 23, 2021 12:10
 Subject: Re: Seller not responsible
 Viewed: 56 times
 Topic: Buying
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cosmicray (3488)

Location:  USA, Florida
Member Since Contact Type Status Collage
Oct 1, 2000 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store: Cosmic Toys
In Buying, firestar246 writes:
  In Buying, crazylegoman writes:
  In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

If the seller is using paypal, then it is against paypal's terms. And its
against BL terms I'm pretty sure.

  
YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.


No its not. That's what insurance is for; to protect the seller, not the
buyer. If you buy from any major company and the package never arrives; what
are they going to do? Either send you another item or reimburse you. What makes
you think yourself or any other BL sellers shouldn't be held to those same
standards?

Insurance typically does not pay for a lost package until a very long time has
elapsed. Every customer wants their package as soon as possible. Insurance isn't
going to solve this (unless large numbers of packages are going missing and never
being delivered). The solution is better tracking, and (where possible) use handling
that does not involve the postal service until the last mile. That is how China
shippers are able to get a package to the US in ~2 weeks. They are carried in
bulk, then inserted into USPS very close to the destination.

Nita Rae
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Jun 23, 2021 12:17
 Subject: Re: Seller not responsible
 Viewed: 57 times
 Topic: Buying
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cosmicray (3488)

Location:  USA, Florida
Member Since Contact Type Status Collage
Oct 1, 2000 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store: Cosmic Toys
In Buying, cosmicray writes:
  In Buying, firestar246 writes:
  In Buying, crazylegoman writes:
  In Help, S_H_M writes:
  Can a seller put in terms which are
against the law?

Those terms are not against the law.

If the seller is using paypal, then it is against paypal's terms. And its
against BL terms I'm pretty sure.

  
YES! That's what you should've done in the first place! Blaming
the seller for a mistake made by the postal service is just nonsense.


No its not. That's what insurance is for; to protect the seller, not the
buyer. If you buy from any major company and the package never arrives; what
are they going to do? Either send you another item or reimburse you. What makes
you think yourself or any other BL sellers shouldn't be held to those same
standards?

Insurance typically does not pay for a lost package until a very long time has
elapsed. Every customer wants their package as soon as possible. Insurance isn't
going to solve this (unless large numbers of packages are going missing and never
being delivered). The solution is better tracking, and (where possible) use handling
that does not involve the postal service until the last mile. That is how China
shippers are able to get a package to the US in ~2 weeks. They are carried in
bulk, then inserted into USPS very close to the destination.

Nita Rae

This is a good description of SpeedPAK, and why China sellers have a such an
advantage in sales to the US, and soon to other countries. We need something
similar to Europe and SE Asia.

https://parcelsapp.com/en/carriers/speedpak

Nita Rae
 Author: jennnifer View Messages Posted By jennnifer
 Posted: Jun 23, 2021 10:13
 Subject: Re: Seller not responsible ?
 Viewed: 81 times
 Topic: Help
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jennnifer (3531)

Location:  USA, Illinois
Member Since Contact Type Status
Sep 8, 2009 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Old Grey Bricks
In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?

I sent two international packages from Chicago on May 26. Neither one has been
scanned since the 30th when they left my local post office. I wouldn't declare
your package lost just yet. Things are very, very slow right now.

On the other hand, your seller should be working with you at this point, not
denying responsibility.

I wish more buyers would stop shopping at stores that publicly say they won't
help their customers. There is nothing illegal in the US about their terms. It's
just not good business.

Jen
 Author: kzinti View Messages Posted By kzinti
 Posted: Jun 23, 2021 15:02
 Subject: Re: Seller not responsible ?
 Viewed: 71 times
 Topic: Help
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kzinti (4922)

Location:  USA, Missouri
Member Since Contact Type Status
Jun 20, 2001 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: The Brick Bin
In Help, S_H_M writes:
  Hi All,

I ordered parts from a well known seller in the US and paid by paypal. It was
shipped by USPS with tracking. Package hasn't been scanned since 18 may,
so that's not good.

When I contacted the seller, he referred to his TOS where he stated that he
is not responsible for lost packages.

Well I think (read know) he is because he's an official seller so (at least
in Europe not sure how it is in the US) a seller is responsible for the delivery
of the goods. And secondly he accepted a payment by paypal so he is bound to
paypal terms.

What are you're thoughts about this ? Can a seller put in terms which are
against the law ? Should BL make an general TOS where all sellers are bound
too ? should I read his terms and not place the order ?

USPS is a four letter word. Postage cost has increased in direct proportion to
the decline in the level of service. I would urge patience, after explaining
about the current state of the US Postal service. I've had packages take
two or three months to reach Germany and Switzerland at times.