My question involves a consumer law issue in the State of: California
So this is a new one for me. I bought something off of eBay and it arrived damage. No problem. Contacted seller and he sent a label for a return prior to refund. I stock the label on and dropped off at the local FedEx. FedEx tracking shows the drop off and the fact that a driver picked it up and took it to the regional distribution center.
Now this is where it gets interesting: the package has not moved from the distribution center. After the 3rd day I called FedEx and they put a trace on the package. Called back after five days and was told it is most likely lost but they wait seven days before closing the case. At that point the "shipper" can claim insurance if it was paid for. The package has now not moved in about eight days. I have contacted the seller twice via eBay but he is not responding/ignoring me.
Obviously the seller doesn't plan to step up (hasn't responded in over a week to multiple messages), he could be filling an insurance claim (if there is any) and pocketing both my money and the insurance (pure conjecture here), I don't think eBay will do anything because the item has not arrived at the seller, so I will be most likely taking this up with my CC which is lots of HA for me and even more for the seller.
So here is the question: who is legally the shipper and entitled to the insurance money if any and as a f/u is the seller still responsible for making me whole (i.e. refund me)? I physically shipped the item but the seller specified the carrier and paid for any services (including insurance if there is any). I know if I am selling something and it does not arrive I am responsible for refunding the buyer and taking it up with the carrier. I would think the same would apply here but not sure if there is anything legal that says it one way or another.
So this is a new one for me. I bought something off of eBay and it arrived damage. No problem. Contacted seller and he sent a label for a return prior to refund. I stock the label on and dropped off at the local FedEx. FedEx tracking shows the drop off and the fact that a driver picked it up and took it to the regional distribution center.
Now this is where it gets interesting: the package has not moved from the distribution center. After the 3rd day I called FedEx and they put a trace on the package. Called back after five days and was told it is most likely lost but they wait seven days before closing the case. At that point the "shipper" can claim insurance if it was paid for. The package has now not moved in about eight days. I have contacted the seller twice via eBay but he is not responding/ignoring me.
Obviously the seller doesn't plan to step up (hasn't responded in over a week to multiple messages), he could be filling an insurance claim (if there is any) and pocketing both my money and the insurance (pure conjecture here), I don't think eBay will do anything because the item has not arrived at the seller, so I will be most likely taking this up with my CC which is lots of HA for me and even more for the seller.
So here is the question: who is legally the shipper and entitled to the insurance money if any and as a f/u is the seller still responsible for making me whole (i.e. refund me)? I physically shipped the item but the seller specified the carrier and paid for any services (including insurance if there is any). I know if I am selling something and it does not arrive I am responsible for refunding the buyer and taking it up with the carrier. I would think the same would apply here but not sure if there is anything legal that says it one way or another.
Online Services: Interesting Ebay Refund Issue or Who is the "Shipper"
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