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FORUMS Marketplace & Market Info Market Watch 
Thread started 09 Aug 2010 (Monday) 20:49
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Buyer never recieved my camera can I be held responsible?

 
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drive_75
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Aug 10, 2010 11:51 |  #16

I believe it is the responsibility of the seller to get his package intact to the buyer. Therefore it is in the seller's best interest to buy insurance to cover his package in an invent the package got lost or arrive damaged.

What you need to do is talk to the buyer and ask him to wait for a few weeks. The package may still be stuck in Custom. Don't unlink your bank account. It'll just make it look like you cheated him.




  
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dKweddings.net
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Aug 10, 2010 11:53 |  #17

tim wrote in post #10692312 (external link)
Unlink your bank account, open an investigation, and be honest with the buyer.

I second Tim's wisdom.

-David


www.dKweddings.net (external link) || www.facebook.com/dKwed​dings (external link) || www.facebook.com/david​ucla (external link)

  
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Combatmedic870
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Aug 10, 2010 12:02 |  #18

It will get there...its just takes a loooooooooong while... I had to wait quite a while for my 85mm that i got from canda. He had to wait even longer for my 16-35 that i trade for +cash.


Wait another week. Tell the buyer to wait. I really doubt it was lost.


Nikon D700: 16-35 F4, 50 1.4G, 85 1.8,105 VR Micro, 135F2 DC, 80-200 2.8 AFS
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,Ryan
Sometimes, I think Photography is worse than Crack.:oops:

  
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mpix345
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Aug 10, 2010 12:32 as a reply to  @ Combatmedic870's post |  #19

Sellers need to insure what they send, or bear the burden if it does not arrive. "The buyer was too cheap to pay for insurance" is a joke. You negotiated a price. It should have included insurance. As the seller you control that.

I hope the camera makes it through and all is good, but please, everyone, learn from this.


  
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aubsxc
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Aug 10, 2010 13:43 |  #20

Nickc84 wrote in post #10691066 (external link)
I sold my pentax k20d to some guy in Canada. We made the transaction through pay pal and I shipped it out on July 23rd. He just emailed me today saying the package was accepted through customs on July 29th but he never received the package. He's requesting now that I call USPS to open an investigation which I have no problem doing but can I be held responsible for this? I just bought my 7D and I am broke! I have the receipt proving I shipped it out and the tracking number says it was accepted passed Canadian customs. Also, this guy was so cheap he did noteven want insurance on it. ???

Did you have an agreement with the buyer regarding insurance? If you had made it clear to the buyer that he was responsible for paying extra to cover shipping insurance prior to the sale, and that he (the buyer) would be responsible for damage or loss if he chose not to pay for insurance, then you might be able to make the case that he is responsible for the loss. If you did not have an agreement similar to this, it is your responsibility to make sure that the item is delivered without damage or loss to the buyer, and you need to reimburse him for the full price of the item.


---
5DII/BG-E6, 1V-HS, 17-40/4L, 24-105/4L IS, 28-105/3.5-4.5USM, 70-200/2.8L IS, 70-210/3.5-4.5USM, 300/4L IS, 1.4x II TC , 50/1.4, 50/1.8II, 85/1.8

  
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moose10101
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Aug 10, 2010 13:51 |  #21

aubsxc wrote in post #10695510 (external link)
Did you have an agreement with the buyer regarding insurance? If you had made it clear to the buyer that he was responsible for paying extra to cover shipping insurance prior to the sale, and that he (the buyer) would be responsible for damage or loss if he chose not to pay for insurance, then you might be able to make the case that he is responsible for the loss. If you did not have an agreement similar to this, it is your responsibility to make sure that the item is delivered without damage or loss to the buyer, and you need to reimburse him for the full price of the item.

You don't understand. Any such agreement cannot and will not override PayPal's policies. The seller is responsible to get the item to the buyer. Period. If the seller does not, PayPal will take the payment and return it to the buyer.




  
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mpix345
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Aug 10, 2010 14:41 as a reply to  @ moose10101's post |  #22

The PayPal stuff confuses me. In some threads when people suggest using standard PayPal to protect the buyer many people chime in saying PayPal offers no real protection. In threads like this one people are saying the opposite, that PayPal will vigorously go after the seller.  ???


  
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alpha_1976
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Aug 10, 2010 14:46 |  #23

well I lost $600 on e-bay and Paypal for sure did not send any collection agent or whatever. Even if they did I did not get even a single penny back. All they did (what I was told) check the seller's checking account and find that there is nothing left. CC was removed already so no luck there as well. After a month with a final sorry message case was closed.


I know more about gear than I know about photography :p
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DarthVader
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Aug 10, 2010 14:56 |  #24

I did send one lens to Canada...it took about 3 weeks to get it to the buyer. It's somewhat normal delay per my discussion with the buyer.

Nickc84 wrote in post #10691066 (external link)
I sold my pentax k20d to some guy in Canada. We made the transaction through pay pal and I shipped it out on July 23rd. He just emailed me today saying the package was accepted through customs on July 29th but he never received the package. He's requesting now that I call USPS to open an investigation which I have no problem doing but can I be held responsible for this? I just bought my 7D and I am broke! I have the receipt proving I shipped it out and the tracking number says it was accepted passed Canadian customs. Also, this guy was so cheap he did noteven want insurance on it. ???


Nikon/Fuji.
Gear is important but skills are very important :)

  
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aubsxc
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Aug 10, 2010 16:05 |  #25

moose10101 wrote in post #10695561 (external link)
You don't understand. Any such agreement cannot and will not override PayPal's policies. The seller is responsible to get the item to the buyer. Period. If the seller does not, PayPal will take the payment and return it to the buyer.

You're right. The Paypal policy would override any other agreements.


---
5DII/BG-E6, 1V-HS, 17-40/4L, 24-105/4L IS, 28-105/3.5-4.5USM, 70-200/2.8L IS, 70-210/3.5-4.5USM, 300/4L IS, 1.4x II TC , 50/1.4, 50/1.8II, 85/1.8

  
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TooManyShots
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Aug 10, 2010 16:24 as a reply to  @ aubsxc's post |  #26
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Just tell the buyer that the package has been held in the Canadian custom. It may take some times to get delivered. In the meantime, you contact the Canadian custom to verify if they have the package. You have to make sure whether or not the package has been received and send out from the Canadian custom. If the package has been delivered, something is fishy with the buyer. Find ways to file a claim with the Canadian Post.


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vid1900
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Aug 10, 2010 16:48 |  #27

I've had stuff sit in Canadian Customs for 3 weeks+ before finally getting the the buyer. Ask (nicely) for the buyer to relax.


No bragging list - I just rent whatever the job requires.

  
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volfan1978
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Aug 10, 2010 16:51 |  #28

Sent a remote to a Canadian buyer a few months ago and it took several weeks to get there too. Like several others have already stated, it will probably get there within the next week. But in the future, I would insure everything of significant value. I insure just about every package I ship whether the buyer asks for it or not. Too much to lose.




  
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cacawcacaw
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Aug 10, 2010 18:27 as a reply to  @ volfan1978's post |  #29

I just sold a lens on eBay and got into an unsolvable problem with a potential buyer from Norway.

He wanted to pay through PayPal, so he would have had all the buyer's protections but he also wanted me to ship it with a receipt for $100 instead of the $1,000 price.

I made a few calls. The Post Office representative said they would sell me the insurance but that I would have a hard time proving that the lost $100-valued lens was actually worth $1,000. FedEx basically said the same thing; that buying insurance for a certain amount was not guarantee of that amount of reimbursement and that they would look at all documents.

Both of shippers and PayPal said that if the buyer doesn't receive the lens from customs, by paying duty on it, the lens would be sent back to me, doubling my $150 shipping cost. So, the buyer could have waited to see if he got away with paying less than full duty before deciding whether to accept the lens or not.

PayPal said that they would mediate any disputes but that the proof of delivery is on the seller, and that the seller also has the burden of proof for the delivered item being undamaged and as described.

PayPal said that shipping insurance would be the seller's only recourse and that PayPal never covers both the buyer's loss and the seller's loss.

I asked what would happen if the buyer claimed he received a brick in the package or what would happen if the buyer got a refund because of some problem with the lens, but instead of mailing back the lens he mailed me back a brick. PayPal said that I would have to prove the case to them.

So I asked if I'd be able to prove these things by showing a video of the package being boxed, labeled, and mailed. Or, conversely if I could prove my case with a video showing the unwrapping of a returned brick. At that point PayPal said that they would not look at those videos because they don't get involved in legal matters!

We couldn't come up with a way that I could ship the lens to the Norwegian buyer with a reliable insured value so I sold the lens to the second highest bidder for $5 less.

My conclusion is that, even with PayPal watching over things, there is still a lot of trust and a lot of CYA involved in every deal.


Replacing my Canon 7D, Tokina 12-24mm, Canon 17-55mm, Sigma 30mm f/1.4, 85mm f/1.4, and 150-500mm with a Panasonic Lumix FZ1000. I still have the 17-55 and the 30 available for sale.

  
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ianlti
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Aug 10, 2010 19:38 |  #30

My package from 30mins away took 2 weeks to arrived, go figure.


Ian
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Buyer never recieved my camera can I be held responsible?
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