eBay

4money2012 · ‎05-23-2022

a package got left in the rain by postman who is responsible?

katzrul15 · ‎05-23-2022

We often slide items into a waterproof tyvek envelope that does not easily tear and then insert the item into a box, mailer, etc. We have 3 sized and yes, they are pricey, but so is replacing something that ends up wet, etc.

I will admit, I do more of them in the winter (snow/ice) and early spring (monsoon season)......but lately, if it is pricey, yes, I do an extra layer of protection to hope it negates whatever the parcel is about to encounter in-route.

You certainly cannot plan for everything, but when a Buyer sees you have packed well and gone the extra mile and something occurs, they know you as a Seller, "tried". For us, that has served us well as Sellers for a very long time. mmv

....... "The Ranger isn't gonna like it Yogi"......... Boo-Boo knew what he was talking about!

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calntom · ‎05-23-2022

@yuzuha wrote:
@calntom wrote:
One would surmise if as a seller, if you are going straight to the carrier, the seller is responsible........

We are all over the board with scenarios, points and counterpoints.
Great thread.
No. The package was delivered. It is not the responsibility of the seller if the package gets stolen by porch pirates, ripped open by raccoons, rained on, used as a football by the neighbor's child, etc. after it has been scanned 'Delivered' at the correct address.

Stolen by porch pirates = buyer, if buyer files INR

Raccoons = seller if buyer files INAD

Rained on = seller if buyer files INAD

Used as football = seller if buyer files INAD

itsjustasprain · ‎05-23-2022

@calntom wrote:
Stolen by porch pirates = buyer, if buyer files INR
Raccoons = seller if buyer files INAD
Rained on = seller if buyer files INAD
Used as football = seller if buyer files INAD

Getting stuck having to refund does not equal being responsible for what happened. Cant disagree with those probable outcomes however.

calntom · ‎05-23-2022

@itsjustasprain wrote:
@calntom wrote:
Stolen by porch pirates = buyer, if buyer files INR
Raccoons = seller if buyer files INAD
Rained on = seller if buyer files INAD
Used as football = seller if buyer files INAD
Getting stuck having to refund does not equal being responsible for what happened. Cant disagree with those probable outcomes however.

Well stated.

714ricki · ‎05-23-2022

That is an excellent question. Technically since the buyer can say that the parcel arrived damaged, the seller would be responsible even though the delivery point wasn't the most protected location possible. Hopefully you had insurance & can claim the damage with the carrier for leaving the parcel in an unprotected location. If this was a stolen parcel, then it would have been the buyer's responsibility.

Tough situation! Hang in there!

southern*sweet*tea · ‎05-23-2022

At SOME point in the transaction, the buyer has to take responsibility. The logical place for the transfer of responsibility from seller to buyer is at delivery. Once that tracking is scanned delivered, the seller has done his or her job. Responsibility for the package is then transferred to the buyer.

Every thing I've looked at, from legal websites to the FTC all say the seller is responsible to get the package to the buyer. Naturally that makes sense. A delivered scan means the package made it to where it was going. I can find nothing that specifically mentions tracking with a delivered status, so anyone with an ounce of common sense will consider a package delivered if the tracking says it is.

A seller is 100% responsible for a package until it is delivered, even if bad things happen that isn't their fault. If the package gets lost in the mail, it is the FAULT of the carrier, but the RESPONSIBILITY of the seller. If the package gets damaged in transit, again it is the FAULT of the carrier, but the RESPONSIBILITY of the seller.

A delivered package left in the rain is the FAULT of the carrier, because they left it in the rain. A package stolen after delivery is the FAULT of a thief because he was the one that stole the package.

It's the RESPONSIBILITY of the BUYER to make arrangements for their packages to be delivered in a safe place, so they won't get left in the rain by carriers and won't get stolen by thieves.

Short of hand delivering the package to the buyer and recording the handoff, what else can sellers do?

The easier you are to offend the easier you are to control.

We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell

dbfolks166mt · ‎05-23-2022

Mother nature.

mr_lincoln · ‎05-23-2022

@4money2012 If you have a weather protected area and the package was not placed there then it is the Post Office's issue and you should complain to them vehemently ...

Regards,
Mr. Lincoln - Community Mentor

albertabrightalberta · ‎05-23-2022

@4money2012

Do you not think it's common courtesy to return to the thread YOU started 6 hours ago? You've been asked several times whether you're the buyer or the seller in this case and you haven't responded. And even if you don't want to tell us which end of the transaction you're on, a "thank you" to the many people who responded to the 4 page thread would be nice.

Sheesh, it's YOUR issue that has started this enlightening and interesting debate on responsibility and fault.

albertabrightalberta
Volunteer Community Mentor

I can explain it to you but I can’t understand it for you.

coolections · ‎05-23-2022

@4money2012 wrote:
a package got left in the rain by postman who is responsible?

Are you the buyer or the seller?

albertabrightalberta · ‎05-23-2022

@coolections wrote:
@4money2012 wrote:
a package got left in the rain by postman who is responsible?
Are you the buyer or the seller?

That question was specifically asked of the OP in posts 11 , 20, 45 and finally, 55 . Yet @4money2012 hasn't come back.

albertabrightalberta
Volunteer Community Mentor

I can explain it to you but I can’t understand it for you.

coolections · ‎05-23-2022

Yeah, they usually tuck their tails and run.

chapeau-noir · ‎05-24-2022

Why do we even bother.

“The illegal we do immediately, the unconstitutional takes a little longer.” - Henry Kissinger

"Wherever law ends, tyranny begins" -John Locke

d-k_treasures · ‎05-24-2022

@chapeau-noir wrote:
Why do we even bother.

Because this was a good topic on fault and responsibility and how it affects [ basically ] ebay sellers.

_____________________________
"Nothing is obvious to the oblivious"

donsdetour · ‎05-24-2022

@4money2012 wrote:
a package got left in the rain by postman who is responsible?

Thank you for this topic it has been a great read;

End result would be the buyer and how they handle the situation;

If buyer contacts saying delivered and damaged after delivery:

Then file item not as described: seller still loss: yet could file a abuse of returns.

If just claims not as described and damaged by water: sell loss. No way to report it.

That would be the two out comes of cases of not as described filed against the seller.

Yet this is not to say the fault of the seller, and it just goes to show the normal problems with eBay and the MBG we agree to by using eBay to sell on.