Purchased item with shipping guaranteed in certain time, not shipped

[michelle4324_8]

On Sunday January 7th, I purchased a buy it now item and paid for it immediately. The ad clearly states shipping will occur between January 10th and Janaury 13th.  The seller has a low feedback tract record of just marking his sold items as shipped, without a tracking number, but then does not take them to the shipper. (I on the other hand, have a perfect record). One of the criteria for purchasing this item was the shipping time frame as I needed it for a specific event. After calling Ebay and speaking to Kay and (Supervisor) Mary in the Phillipines and being told I could not speak to anyone in the US about this problem, I was advised by both of them that I have no recourse but to wait until WHENEVER the shipper feels inclined to ship. This places eBay in a unlawful position as a middleman protecting the seller, as the seller has not performed his part of the agreement and now has breached our agreement by not shipping the item as agreed upon between him and I. Ebay does not have the rights to step in and change a contractual agreement with out both parties agreeing to it.  I am angry to say thie least, and will be taking a small claims court action against both parties t.o rcoup my losses

[sam9876]

You are funny.

[michelle4324_8]

Thank you its very rare to find a funny lawyer!  🙂

[chrysylys]

Whenever you order anything off the web, from any seller on any site, always allow a minimum of 10 business days for delivery.  Allowing a window of 30 days isn't a bad idea.

[duggmills]

In spite of needing a wee bit of a break here and there in your post - paragraphs comes mind, I was able to snatch a glimpse of the last line and ergo now comes my  amicus curiae inspired opinion.

As you state: "I am angry to say thie least, and will be taking a small claims court action against both parties t.o rcoup my losses".

In order to bring an action against the seller you will first need to ascertain how your State and the seller's State look at which State this transaction took place.  If the transaction too place in the seller's State, you'll be looking at addition costs to serve the seller.  If the transaction took place in your State filing a claim might be a bit easier but you will still pay to serve notice on the seller.

And one more opinion. Small claims court is generally reserved for tangible losses, not an area for displays of anger.  A tangible loss could be a claim someone hit your car damaging that decorative piece of plastic formerly known as a bumper.

From what I glean from your run together post, it appears you suffered no actual, tangible damages. However it's not up to me to make any such determinations. 

Good luck and have fun.  Life does go on.

[missjen831]

@duggmills What does the sellers state have to do with the OP bringing a class action suit against eBay or PayPal? The OP doesn’t want to sue the seller here......

[takikawa4]

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@michelle4324_8 wrote:

On Sunday January 7th, I purchased a buy it now item and paid for it immediately. The ad clearly states shipping will occur between January 10th and Janaury 13th. 

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So what is the last estimated date of delivery?

[missjen831]

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@takikawa4 wrote:

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@michelle4324_8 wrote:

On Sunday January 7th, I purchased a buy it now item and paid for it immediately. The ad clearly states shipping will occur between January 10th and Janaury 13th. 

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So what is the last estimated date of delivery?

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I suspect the “funny lawyer” has confused the definitions of shipped and delivered, and the item is estimated to arrive between 1/10-1/13. Otherwise why would she be ready to sue when the seller has 1 more day in which to meet his handling time? The item isn’t late and it hasn’t shipped late whether the 1/13 is part of the handling time or the estimated delivery date. Seems like much ado about nothing!

[michelle4324_8]

"Allowing" and "Stating" are two separate things. If I allowed it, all is well and we are in agreement. If the seller STATES it will be shipped during a certain time frame, it becomes an agreement.

[michelle4324_8]

A tangable loss in any monies paid to anyone, without receipt of the purchased item.

[michelle4324_8]

Thank you, however you missed one part. He has a tract record of doing this...so who is confused here housewife? 🙂

[plumbingspecials]

Smells like bait up in here

[kensgiftshop]

michelle4324_8 wrote:

The ad clearly states shipping will occur between January 10th and Janaury 13th. 

Are you saying the delivery date is between 1/10 and 1 /13, if so, the package won't be late until 1/14.

If you are saying the package will be shipped between 1/10 and 1 /13, the seller has another day to ship the package.

If you don't get the package by the last estimated delivery date, go to the resolution center at the bottom of the page and select "I haven't received it yet."

This will be a lot faster and cheaper then trying to take it to court.

[sam9876]

" What does the sellers state have to do with the OP bringing a class action suit against eBay or PayPal?"

The OP is not interested in a class action suit.

[duggmills]

" What does the sellers state have to do with the OP bringing a class action suit against eBay or PayPal? The OP doesn't want to sue the seller here......"   Their reference to both parties confused me a bit.  Was that a reference to eBay and Paypal?  If so I missed it.  Mine was an opinion on small claims courts.

This is not a class action  level  suit.  Aside being the medical version of the Nigerian Prince  Money Scam,  the world famous never ending  Mesothelioma Cancer  litigation is a class action suit. The OP  says "small claims" which is on the very low end of the spectrum of litigation.

No member of eBay and PayPal can sue eBay or PayPal because when we became members we all agreed the disputes would be decided through arbitration, not law suits. There's a big difference between the two. 

Companies prefer arbitration as it's much less expensive and their side is much more experienced and better armed to argue against whoever you can find to argue your side.  The arbitrator you hire likely has never been up against anything the size of eBay or PayPal. That arbitrator has no power to force the delivery of salient discovery documents the ways courts can force companies to comply regarding discovery.  Additionally, any experienced arbitrator worthy enough to hire will cost you as much as an attorney. 

Ultimately, I think this thread will fade to obscurity.

Lately I see to be able to rewarded  with the coveted Invalid HTML Removal Badge on a regular basis even though I don't know what that is... life goes on)