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Thread started 24 Jun 2014 (Tuesday) 13:28
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How long would you wait to file a claim with Ebay?

 
rivas8409
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Jun 24, 2014 13:28 |  #1

I pulled the trigger on a 2-light studio strobe kit on ebay this past Friday and paid within 30 minutes of the auction ending. I've sent the seller 2 emails asking about shipping times (since I'm in a bit of a time crunch with the kit to use it for a portrait session coming up) and I have yet to hear back from him. The ad stated estimated delivery, via FedEx, between 3-7 days. I know it hasn't been 7 days since the end of the aution but the seller hasn't replied to my emails, hasn't updated the item as shipped, and hasn't given a tracking number. I'm kind of wishing I would have just paid a bit more and ordered an AB setup from PCB, or picked up the same Promaster PL400 kit at my local camera shop.

So I'm a little nervous about it to say the least. This is the first time I've had anything like this happen on ebay. All my other purchases on there have been flawless with quick communication with the seller, even over a weekend. So, how soon would you guys consider opening a claim with ebay?


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IShootThings
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Jun 24, 2014 17:03 |  #2

I sold a few items on Ebay recently and the communication from the buyers has been horrible. I personally won't be using Ebay again anytime soon. I'd say 3rd time is a charm. I'd send one last email stating that you're sorry but you're in a bit of a time crunch so if you don't get a response within 24 hours, you'll file a claim. Just my 2 cents. Good luck.


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rivas8409
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Jun 24, 2014 18:00 |  #3

IShootThings wrote in post #16992288 (external link)
I sold a few items on Ebay recently and the communication from the buyers has been horrible. I personally won't be using Ebay again anytime soon. I'd say 3rd time is a charm. I'd send one last email stating that you're sorry but you're in a bit of a time crunch so if you don't get a response within 24 hours, you'll file a claim. Just my 2 cents. Good luck.

Great idea! Thanks!


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KirkS518
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Jun 24, 2014 18:30 |  #4

I would do what IShootThings suggests. You can't open a case for 'Item not received' until after the latest estimated delivery date. Once that happens, you can open the case. This also becomes an 'Item Not as Described' case, as the handling time was not honored (the time between you making payment, and him shipping). Handling time is part of the description, so the seller has to abide by it.

Once the last est. delivery date has passed, open the Item Not Received case. Then, if he does ship it, accept the package (ie, don't refuse delivery). Then you convert the open case to an item not as described case (because of handling time). Ebay will send you a return shipping label, and once the item shows delivered back to the seller, they will refund you 100% of what you paid (including the original shipping charges).

Also, as an FYI, do not mention anything regarding feedback in any correspondence you have with the seller (things like "If you don't send it, I'll have to leave you a neg feedback", etc). Ebay considers that a threat, and they don't like it.


If steroids are illegal for athletes, should PS be illegal for models?
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MOkoFOko
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Jun 25, 2014 04:01 |  #5

rivas8409 wrote in post #16991897 (external link)
I pulled the trigger on a 2-light studio strobe kit on ebay this past Friday and paid within 30 minutes of the auction ending. I've sent the seller 2 emails asking about shipping times (since I'm in a bit of a time crunch with the kit to use it for a portrait session coming up) and I have yet to hear back from him. The ad stated estimated delivery, via FedEx, between 3-7 days. I know it hasn't been 7 days since the end of the aution but the seller hasn't replied to my emails, hasn't updated the item as shipped, and hasn't given a tracking number. I'm kind of wishing I would have just paid a bit more and ordered an AB setup from PCB, or picked up the same Promaster PL400 kit at my local camera shop.

So I'm a little nervous about it to say the least. This is the first time I've had anything like this happen on ebay. All my other purchases on there have been flawless with quick communication with the seller, even over a weekend. So, how soon would you guys consider opening a claim with ebay?

There's not a great deal to be done, unforunately. The best you can do--assuming it's delivered late--is to exercise your right to leave a negative feedback and low detailed seller ratings.

Your only real options are to wait, or buy one locally so that you have it in time. You can then request a return--which is also your ebay right--whether they state that they allow returns or not. Now if you're set on a return, keep in mind that in order to qualify for an ebay return, you're required to pay to send it back (whether it was opened or not). However, if you elect not to pay, you could refuse delivery, ensuring that they instead pay the return shipping fees. IN the event of a refused delivery by a buyer, the seller will generally win any ebay dispute--though you are guaranteed to win a credit card chargeback if the original tracking shows that delivery was refused. The same rules may not apply for billmelater, since they are handled by ebay/paypal.


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KirkS518
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Jun 25, 2014 20:23 |  #6

NO NO NO!!! NEVER REFUSE DELIVERY!!!!

This is a simple Item Not As Described case. The seller's stated handling time (time between receiving payment and shipping the item) is part of the item description. Ebay will back the buyer on that. You will not be required to pay the return shipping. Ebay will send you a shipping label to send the item back.

This just happened to me about 1-1/2 months ago. Seller had 2 day handling time, didn't ship for 6 business days. I no longer wanted it, opened an INAD case, ebay agreed with me, they emailed me a return shipping label, and I had my $$ back same day as it was delivered back to the seller.

More details here in a similar situation for another POTN member: https://photography-on-the.net …/showthread.php​?t=1378024

And although I can't seem to find it in ebay's policies, here's this from canonpricewatch.com:

Many buyers don’t realize a seller is responsible for every detail in their listing. This includes the table of information in the “Item specifics” at the top of the listing, as well as any information the seller has added to the listing description.


That means that if the seller lists a certain accessory, states that their camera is US model or grey market, that their camera is brand new, or that it includes a warranty card, it becomes part of the seller’s obligation. Should the seller fail to deliver on this obligation, you will easily win an “Item Not As Described” case.

In addition to tangibles about the product, the obligation also includes any shipping or handling times mentioned on the listing. If they fail to deliver on time, you can always cancel and/or return for a full refund as part of an “Item Not As Described” case.

Full article here: http://www.canonpricew​atch.com …y-transactions/#more-3835 (external link)


UNDER NO CIRCUMSTANCES REFUSE DELIVERY.


If steroids are illegal for athletes, should PS be illegal for models?
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airmod
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Jun 26, 2014 13:14 |  #7

I will just throw this in since I am dealing with this now. The eBay Money Guarantee doesn't really cover you per say. My items showed delivered to my address which is a locked mailbox but the whole bank of mailboxes were broken into and all the mail taken. I contacted the sellers and all except for one replaced the shipments. I opened a case for the other seller to try and get something worked out but that went nowhere and I contacted eBay. They stated they go off the tracking info and if it says it was delivered then that is what they go buy. I mention this hopefully to save someone else the hassle. Going forward i'm going to ask for a signature confirmation receipt that way the item cannot be delivered without me signing for it or have my mail held at the post office when I expect eBay packages.


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moose10101
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Jun 26, 2014 15:03 |  #8

airmod wrote in post #16995942 (external link)
I will just throw this in since I am dealing with this now. The eBay Money Guarantee doesn't really cover you per say. My items showed delivered to my address which is a locked mailbox but the whole bank of mailboxes were broken into and all the mail taken. I contacted the sellers and all except for one replaced the shipments. I opened a case for the other seller to try and get something worked out but that went nowhere and I contacted eBay. They stated they go off the tracking info and if it says it was delivered then that is what they go buy. I mention this hopefully to save someone else the hassle. Going forward i'm going to ask for a signature confirmation receipt that way the item cannot be delivered without me signing for it or have my mail held at the post office when I expect eBay packages.

The seller isn't responsible for someone stealing the item out of your mailbox. And you'll need to ask before bidding/buying for signature confirmation, because it's not required, and you can't force a seller to do it. Also be prepared to pay for it.




  
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moose10101
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Jun 26, 2014 15:05 |  #9

KirkS518 wrote in post #16992424 (external link)
I would do what IShootThings suggests. You can't open a case for 'Item not received' until after the latest estimated delivery date. Once that happens, you can open the case. This also becomes an 'Item Not as Described' case, as the handling time was not honored (the time between you making payment, and him shipping). Handling time is part of the description, so the seller has to abide by it.

You would have to check the date of shipping to determine whether the handling time was honored. Late delivery is not proof that the handling time was not met.




  
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KirkS518
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Jun 26, 2014 16:32 |  #10

moose10101 wrote in post #16996121 (external link)
You would have to check the date of shipping to determine whether the handling time was honored. Late delivery is not proof that the handling time was not met.

Correct. Reread what you quoted from me, maybe I wasn't clear. The date the item was delivered is not important, as the seller has no control over how long the shipping company (USPS/UPS/FedEx/etc) takes to get it to you. It's all about how long it took the seller to send it out.


If steroids are illegal for athletes, should PS be illegal for models?
Digital - 50D, 20D IR Conv, 9 Lenses from 8mm to 300mm
Analog - Mamiya RB67 Pro-SD, Canon A-1, Nikon F4S, YashicaMat 124G, Rollei 35S, QL17 GIII, Zeiss Ikon Ikoflex 1st Version, and and entire room full of lenses and other stuff

  
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rivas8409
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Jun 26, 2014 19:42 |  #11

Still haven't heard from the seller and no shipping or tracking info has been updated on eBay. Ugh! I think I'll be shopping on PCB tonight.


Body: Canon 5DmkII│Canon M50
Glass: Tamron 35mm f/1.4│Canon 85mm f/1.8│Canon 24-105mm f/4L│Canon 135mm f/2L│Canon EF-M 22mm f/2.0
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moose10101
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Jun 26, 2014 20:42 |  #12

KirkS518 wrote in post #16996294 (external link)
Correct. Reread what you quoted from me, maybe I wasn't clear. The date the item was delivered is not important, as the seller has no control over how long the shipping company (USPS/UPS/FedEx/etc) takes to get it to you. It's all about how long it took the seller to send it out.

Since the OP stated they don't have a tracking # or any other way to determine the actual ship date, unless/until the package shows up, he'd just be assuming the promised handling time wasn't met.




  
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rivas8409
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Jun 26, 2014 21:53 |  #13

My concern is the seller isn't going to send it out and "ran off" with my money. It doesn't make sense to me that he hasn't replied to any of my emails and hasn't communicated in any way. That's why I asked how soon I can, or should, open a claim with eBay.


Body: Canon 5DmkII│Canon M50
Glass: Tamron 35mm f/1.4│Canon 85mm f/1.8│Canon 24-105mm f/4L│Canon 135mm f/2L│Canon EF-M 22mm f/2.0
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How long would you wait to file a claim with Ebay?
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