Seller did not add signature confirmation on delivery. Package stolen

[gizzymos]

So I need someone here to walk me through this process because Ebay customer service did not help me very much.  I ordered an item valued at $439.99.  The seller did not ship the item with a delivery signature request.  FedEx delivered the package while I was not home, and it sat on my door step for who knows how long.  I didn't return until 3 days later and the box wasn't there.  So somebody stole the box some time between the delivery date and my return.  I filed a claim with E-bay and they immediately closed the case against me and I get no refund.  I called them with an appeal and I apparently have to fill out these forms and upload them, But they didn't tell me exactly what forms to complete.  I got an E-mail with 3 different links, (High Value Claims, Appeals, and Escalations).  All 3 links take me to the same page and it's just a blank box to type stuff in.  Then the representative said I need to complete an Internet Crime Form, but I have no idea what that has to do with this.

I then filed a Claim with FedEx, but according to them, any refunds involving missing packages must go through the shipper, and then the shipper has to refund me themselves.

I just want to know who is responsible for this and who I get a refund from.  I am not losing $400 because a negligent Ebay seller doesn't put signature confirmations on his items.

[coolections]

Sorry your package got stolen. Not sure why you  would order something then be away 3 days and let it sit on the porch. When I leave for any reason I have my neighbors collect my mail for me. You have to call the police and file a U.S. postal theft report. It will NOT get you your money back but at least they could attempt to find the thief. Sellers do not have to send with signature confirmation but they do have to send with tracking proving they shipped the item. Sorry but you are out of luck as Ebay or seller does not have to refund you.

[chrysylys]

The selelr is not at fault here.  YOU need to make sure you have a safe delivery location or have the package held at the carrier if you won't be home.  Tracking is usually pretty good as to an expected date.

SigCon is not required here for items below $750.00

[kensgiftshop]

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@gizzymos

I just want to know who is responsible for this and who I get a refund from.  I am not losing $400 because a negligent Ebay seller doesn't put signature confirmations on his items.

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You probably don't want to hear this, but you are responsible.

The seller did their job by getting it delivered to you and they were not required to use signature confirmation.

After the package is delivered, it's yours and you are responsible for it.

It isn't Ebay's, FedEx or the sellers fault you let the package sit on your porch for 3 days.

You can file a police report for the theft.

As far as a refund, it doesn't cover theft from your residence.

[7606dennis]

How precisely was the eBay seller negligent?  Both eBay and PayPal policies only require a signature for items where the total price is $750 or more.  While I can understand your being unhappy with being the victim of a thief, you really need to file a report of the theft with local law enforcement. 

Did you ask the seller specifically to require a signature for the delivery of the shipment?  Did you offer to pay for said signature confirmation since it would be an added service requested by you?  Did you even advise the seller that you were not going to be available to receive the shipment during the estimated delivery period?

[gizzymos]

The package was delivered very early. The original estimate was in 6 days. It came in 3 days. I placed the order so the delivery time matched my return. Technically speaking, the only proof that the package even made it to my house was that the driver said so. No signature, so no proof it was even here. Under Ebay's buyer protection policy, refunds are issued if items aren't received. I did not get the item. Theft is only a theory.

[chrysylys]

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@gizzymos wrote:
 Technically speaking, the only proof that the package even made it to my house was that the driver said so. No signature, so no proof it was even here. Under Ebay's buyer protection policy, refunds are issued if items aren't received. I did not get the item.

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If tracking shows 'delivered', that's all they go by.

Did you ask the seller for SigCon?

[gizzymos]

I did not "Let" the package sit on my porch. I was not home during delivery. I cannot decide when the driver shows up. It was delivered way earlier than tracking suggested. Without a signature, there is no proof that the box was even at my door. USPS takes photographs of the delivery location, FedEx does not. The only proof of delivery is the driver's word.

[kensgiftshop]

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@gizzymos wrote:
I did not "Let" the package sit on my porch. I was not home during delivery. I cannot decide when the driver shows up. It was delivered way earlier than tracking suggested. Without a signature, there is no proof that the box was even at my door. USPS takes photographs of the delivery location, FedEx does not. The only proof of delivery is the driver's word.

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As long as FedEx scanned the package as delivered, that's all Ebay or Pay Pal requires to show proof of delivery.

As long as it shows the package was delivered, neither Ebay or Pay Pal will issue a refund for not receiving the package.

You might ask your neighbors and see if they picked up the package for you, or of they seen anything while you were gone.

[7606dennis]

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@gizzymos wrote:
The package was delivered very early. The original estimate was in 6 days. It came in 3 days. I placed the order so the delivery time matched my return. Technically speaking, the only proof that the package even made it to my house was that the driver said so. No signature, so no proof it was even here. Under Ebay's buyer protection policy, refunds are issued if items aren't received. I did not get the item. Theft is only a theory.

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Your theft theory would appear to be a reasonable one.  I recommend filing a report with your local law enforcement agency.  At least that will give you a case number if you are going to file a claim with your homeowner's/renter's insurance or claim it as a casualty loss on your taxes.

Unfortunately for you, both eBay and PayPal accept the carriers online delivery confirmation as adequate proof of delivery.  I'm afraid that buyer protection requires a bit more than the buyer claiming they didn't get the item when such a delivery confirmation exists.

The estimated delivery date is ordinarily a relatively wide window given in eBay listings.  I've actually had items make it from Florida on the east coast to California on the west coast in two days when being sent USPS First Class Package.  Since there is no way for a seller to alter the transit times, I'm somewhat at a loss as to why you would feel that it was safe to leave without making arrangements for someone to be there to accept the shipment or have it held by the carrier until your return.

Another thing that I'm curious about is if your neighborhood is in a high crime area or whether parcels are routinely left on door steps when being delivered.  There is also the issue of how far from the street your porch is and if it is protected from the elements.  Frankly, there are quite a few things that would worry me about leaving with what you consider an expensive shipment in route.

[creoleorchid]

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@gizzymos wrote:
The package was delivered very early. The original estimate was in 6 days. It came in 3 days. I placed the order so the delivery time matched my return. Technically speaking, the only proof that the package even made it to my house was that the driver said so. No signature, so no proof it was even here. Under Ebay's buyer protection policy, refunds are issued if items aren't received. I did not get the item. Theft is only a theory.

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No, refunds are issued if items aren't delivered.

[7606dennis]

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@gizzymos wrote:
I did not "Let" the package sit on my porch. I was not home during delivery. I cannot decide when the driver shows up. It was delivered way earlier than tracking suggested. Without a signature, there is no proof that the box was even at my door. USPS takes photographs of the delivery location, FedEx does not. The only proof of delivery is the driver's word.

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I suppose you could argue the point in a court of law in a suit against FedEx.  However, I'm not sure I see how the seller could be included.  Of course, I'm not sure how far such a case would make it through the courts or how expensive the process would be toward you.  It appears that you are saying that the FedEx driver fraudulently scanned your package as delivered when it was not.  Without extremely compelling evidence to prove your claim, I'm doubtful that you could prevail in such a suit.

[tofu107]

I dont know if Fed Exp ground has changed ,but if you did not get your package,Fed Exp is responsible.

It happens to me once,the driver even sign my name?

Fed Exp does not offer insurance,it offers indemnity,$100 for non jewelry and $1k for jewelry max,insurance has  to be bought from third party insurer.

Your seller probably did not take out insurance from any private insurer,but he should help you trying t o recover something from Fed Exp.

now if you file chargeback with your cc issuer,it will hit Paypal and Paypal will hit the seller,your cc issuer may or may not side with you,since tracking shows delivered.

but call cc issuer ,contact your seller to work with Fed Exp 

[pburn]

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@tofu107 wrote:

• I dont know if Fed Exp ground has changed ,but if you did not get your package,Fed Exp is responsible.
• Your seller . . . should help you trying t o recover something from Fed Exp.
• [Y]our cc issuer may or may not side with you,since tracking shows delivered.
• [C]ontact your seller to work with Fed Exp 

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With all due respect, I just don't understand the advice you've offered to the OP.

• If FedEx can prove delivery of the package, why would they be responsible?
• Why should the seller help recover something from FedEx if the package shows as delivered?
• Why would the credit card issuer ide with the OP if the package shows as delivered?
• Again, why would the seller be obligated to work with FedEx?

[jrinam]

@pburn wrote:

• Why should the seller help recover something from FedEx if the package shows as delivered?
• Again, why would the seller be obligated to work with FedEx?

the seller hired the shipper! certainly not financially responsable but sellers assistance would go a long ways in helping the buyer (if insurance or fedex even covers it)  i often here sellers stating their job isnt done until buyer receives item and is happy. the few minutes to address this is part of 'service'. ebay says seller is clear (and i agree in this case) but good follow up service would be a little assistance! 'I'm covered, **bleep** off' is bad bussiness. the buyer needs another, where are they buying the next one?