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Am I responsible if buyer's item is stolen during shipping?
 

I recently sold something for $400.00 to a buyer and he has opened a case saying he never got his product.

I feel like I'm going to win because I heard that once you ship the item it is the buyer's responsibility to get the item.

This is our conversation during the case and he has asked eBay to step in. I'm sweating bullets because I feel like eBay will let him win. Imgur: The most awesome images on the Internet

Here is what the buyer said before he escalated the case to eBay support: "One of the fedex guy showed up at my house and he told me that he left it at the front door of my apartment. The thing is that my apartment is an outside door access unit so he supposed to leave the package at the office instead of the front door. Anyway I believe the package had been stolen. Should I file a police report?"

I can't respond to him but that's what he said before escalating the case to eBay support. They haven't decided yet.

Re: Am I responsible if buyer's item is stolen during shipping?
 

Did u pay extra for a Signature Confirmation or similar?

Re: Am I responsible if buyer's item is stolen during shipping?
 

No because I heard that you don't have to pay for signature confirmation unless the product is more then $750.00.

Re: Am I responsible if buyer's item is stolen during shipping?
 

But do you think it would helped your situation?

Re: Am I responsible if buyer's item is stolen during shipping?
 

I'm sure it would have. But I wanted to save money on shipping. The future products I sell will have signature confirmation.

Re: Am I responsible if buyer's item is stolen during shipping?
 

Good to hear.....always about protecting yourself.

Re: Am I responsible if buyer's item is stolen during shipping?
 

Unfortunately, you heard wrong. Sorry! Until the item is delivered, it's Your
responsibility. When you order an item from any on line place, if it's lost,
do you just accept it was lost and lose the money? No, they ship it again.
You are responsible for getting the item to the buyer in the condition they
purchased it. If it's damaged or lost, that's on you. The policy with
ebay is that sellers are required to have insurance on everything they ship.

Re: Am I responsible if buyer's item is stolen during shipping?
 

Oh no. I'm screwed. I guess this will teach me a lesson to start requiring signatures

Re: Am I responsible if buyer's item is stolen during shipping?
 

In cases like this, it's often largely based off the buyer's account history on how to reach a verdict... if your buyer is registered this year with feedback for small ticket items, or has a history of filing INR cases, there's a better chance they'll close the case in your favor.

For future reference, should a case ever go before ebay they will take into account what you've said to the buyer-- if you type professional and extremely friendly messages that explain what might have happened and give them possible options, and just sympathize with them in general, they're more likely to side with you... hell, even a would-be scammer is more likely to drop the case and leave you alone. "Oh hey, I found it, nevermind." ect...

That kind of reaction from you would have helped win you this case, instead of 'tracking shows delivered'.

Sometimes that's hard, but believe me friendly & helpful replies does help and builds account strength and go a long with with customers... I think sellers mistake this as appearing weak and easy to take advantage of, but don't forget you don't really have much control on eb.

Just a little side-tip. :coffee:

Re: Am I responsible if buyer's item is stolen during shipping?
 

I just can't fathom how it is MY responsibility that his product got lost. It's not like it got lost during shipping. It was left at his door and someone stole it because he wasn't being careful.

His profile is very clean. Good reviews and he sold some items as well. However, I see that he bought the same type of shoe I'm selling and he has left negative feedback for the seller about a year ago.

I'm so screwed. ****.

Thank you very much for the tips. Will be using them in the future.

Re: Am I responsible if buyer's item is stolen during shipping?
 

Its not his fault either though that the package was stolen. It wasn't him not being careful, it was just left in a daft place by FedEx

eBay will 90% of the time find this in the buyers favour.

Anything over £100 / $100 I always make sure to get signatures personally

Re: Am I responsible if buyer's item is stolen during shipping?
 

I don't know who to trust anymore. The Reddit eBay forum and the eBay forum itself told me that I wasn't responsible for the package being stolen and that once it is left at the door it is the buyers responsibility.

They told me I should win the case easily. I'm so confused.

Re: Am I responsible if buyer's item is stolen during shipping?
 

You may well win with eBay it is possible it really depends on the rep. Most reps will award the case to the buyer though but not all of them

Chances are that the buyer will then open a case with PayPal, and if you also with that they may issue a chargeback and it is very unlikely you would win that

Just make sure for expensive items in the future you always get signatures.

Re: Am I responsible if buyer's item is stolen during shipping?
 

That's quite true - might need some cajoling on the part of the seller

Re: Am I responsible if buyer's item is stolen during shipping?
 

You are most likely the one responsible as far as eBay is concerned, however you should be able to open a claim to get your money back from the carrier.

Re: Am I responsible if buyer's item is stolen during shipping?
 

The package was not lost during transit, it was left at the frontdoor of the the buyer, thus the delivery company can't be held accountable. The OP didn't ask for any type of Signature Confirmation so the Fedex left the package at the front door.

Re: Am I responsible if buyer's item is stolen during shipping?
 

I have never lost a case where item shows delivered. As long as tracking shows delivered then that's final from my experience. I have been in this situation at least 20 times.

Re: Am I responsible if buyer's item is stolen during shipping?
 

That's what I have been hearing from 100s of sellers. Even from the buyers perspective when the package is stolen from their pouch eBay tells them to pound sand.

Re: Am I responsible if buyer's item is stolen during shipping?
 

I definitely hope you win this case.....mainly because you have a lot to lose and because the package seems to definitely have been delivered but probably stolen off their porch.

Re: Am I responsible if buyer's item is stolen during shipping?
 

A new update in this situation: eBay support has put the case on hold until September 2, 2016. Below is what they said.

"We have asked for more information from your customer to confirm the condition of the item received. If any additional information is needed from you we will request it through an email."

I wonder if they will ask him to file a police report. I heard of cases where eBay asks the buyer to file a police report and when the buyer gives it to eBay they give the buyer a courtesy refund, and the seller gets to keep the money. I wonder what the outcome will be.

Re: Am I responsible if buyer's item is stolen during shipping?
 

The way ebay works is its ALWAYS the sellers fault no MATTER what the issue is. U sell a item it gets left on the porch and some one steels it well its your fault. U drop your package off in a drop box which some how has a open worm hole in it and teleports your package to a remote jungle location in the amazons well then its your fault. U sell a item USPS loses it or steals it its your fault. U sell a item and send it to the confirmed paypal address and the buyer moved and failed up update there address well its your fault. even with tracking will not help u ebay always sides with the buyer no matter what. I have moved 90% of my business onto FB but most sales are in person but every now and then I do paypal payments and ship the items. as to was losing to much money with this BS ebay buyer remorse protection and help a buyer become a thieve protection

Re: Am I responsible if buyer's item is stolen during shipping?
 

I would claim from the carrier, delivery to an outside area, is not classed as delivery in anyones language.....and they know it...
You need a copy of the courier log, if it is not showing online. The customer testimony on messages should help too. eg.what the courier said to them

Re: Am I responsible if buyer's item is stolen during shipping?
 

But wouldn't the tracking say delivered aka left at the front door? How could eBay/the seller fully believe that the item was stolen?

Just changing perspective

Re: Am I responsible if buyer's item is stolen during shipping?
 

Everybody mixes all these issues up. There are a lot of different things going on here.

This is the logic:

When you sold a product with delivery, you contracted with the buyer that you may keep the money only if it is delivered, and deemed acceptable.

You may have been paid in ADVANCE of delivery and acceptance, but the deal is not done and the money IS NOT YOURS UNTIL THE BUYER HAS THE PRODUCT IN HIS HAND and ACCEPTS the product.

By selling on Ebay, you have agreed that if the buyer does not AGREE that the item was delivered, or is not ACCEPTABLE, that they may return it. That's why statements such as "sold as is" are unenforceable.

Your deal with the buyer does not say, "This deal is done when Fedex throws it up on the porch and drives off at high speed".

You, on your own, subcontracted (paid for) a contractor to deliver the product. The buyer knows you will do this, you may have specified this in the listing ( ie USPS First Class Mail or whatever ).

BUT your agreement with the buyer did not change, you agreed to deliver the product to the buyer, and you agreed that the buyer must accept it before the deal is completed and only then is the money yours.

The delivery service is your agent, you are responsible for their actions.

When you contracted with the delivery service to deliver, you made an agreement with the DELIVERY COMPANY, not the BUYER, that the delivery scan constituted delivery. Once they scan it as delivered, their contract with you is completed.

Once again, this doesn't change the agreement you made with the buyer. You, or your agent, MUST deliver the product and they must deem it acceptable.

The buyer claims it didn't arrive.

Maybe it did, maybe it didn't. You can't know for sure. I've had drivers scan packages as delivered, but leave them at the wrong address. It happens.

BUT if it didn't arrive, YOU are responsible for the non-delivery of your agent.

Ebay MAY accept the delivery companies documented assertion that the package arrived as fact, and that you completed your contract, in which case you will win.

Ebay MAY decide the delivery companies' assertion is less convincing than your customer's, in which case the customer will win.

If Ebay gives the customer their money back, (that you are holding until the deal is complete), to reimburse them, you may try to collect for those damages from your agent, the delivery company, for their failure to protect you by adequately demonstrating delivery.

But the responsibility for the possible loss of the package is, in that case, between you and your agent.

The customer didn't employ them, you did. If they don't do their job, you are the one who employed them, their actions or errors are your responsibility.

Once again, your contract with the buyer isn't changed in any way.

If you insured the package, there is yet another contract, and this one doesn't change your contract with the buyer either. This contract says, "if the agent I hired to deliver the package loses or damages the package within the terms of this contract with you, you, insurance company, will make me whole.

Once again, the buyer has nothing to do with this third-party agreement. This is a deal between you and yet another third party.

Re: Am I responsible if buyer's item is stolen during shipping?
 

I had bought a phone screen on ebay for 150 and the post office stuck it in a different box in my town then the tracking showed it was delivered but I lost my money and the phone screen cause of the mail mans incompetence.

Re: Am I responsible if buyer's item is stolen during shipping?
 

You should be able to get refund for it, no?

Re: Am I responsible if buyer's item is stolen during shipping?
 

Your wrong! The way Ebay works as long as you ship it to them and provide tracking, the seller is covered point blank for items not received

yes the buyer can open a dispute but they will not win

OP as long as you shipped the item and provided tracking to ebay and it shows delivered to the buyer, your fine you will win the case

Re: Am I responsible if buyer's item is stolen during shipping?
 

Nonsense!!!!!!!!!

This is not true

Ebay rules is as long as the item tracking shows delivered to the customer, the seller is covered and will win the dispute PERIOD!

The tracking have to show delivered to he customer house and seller is covered

Guys/Gals should really learn Ebay before selling

Re: Am I responsible if buyer's item is stolen during shipping?
 

According to Ebay rules, as long as the tracking show delivered to the buyer address you will win no matter what!!

Check your PM, I think we got the same buyer and its a scammer

Re: Am I responsible if buyer's item is stolen during shipping?
 

Just an FYI, it is recommended sellers get signature confirmation on items $250 and above. Actually it may be required to win a case.

Sent from my SM-T377V using Tapatalk

Re: Am I responsible if buyer's item is stolen during shipping?
 

This is exactly what should happen in theory. The problem is eBay do not always follow their own rules

Best case situation for OP would be the eBay refunds the buyer out of their own pocket and OP is not left out of pocket. Otherwise what could happen is OP wins the eBay case, then the buyer opens a PayPal case. OP could also win that. The buyer could then issue a charge back. Chances are OP would loose that

Re: Am I responsible if buyer's item is stolen during shipping?
 

$750 or above, actually

Re: Am I responsible if buyer's item is stolen during shipping?
 

Paypal will rule in your favor, if ebay ruled in your favor. They don't allow a customer to double dip. AND if they did paypal has the same rules. Shows delivered to the correct zip code, and you win. It's not a theory. I've never lost these cases

Re: Am I responsible if buyer's item is stolen during shipping?
 

Rules changed a few months ago.

Buyers can now open a PayPal case even if they have lost an eBay case

Winning the eBay does not automatically mean you will win the PayPal case. Not anymore

Re: Am I responsible if buyer's item is stolen during shipping?
 

Can you show me these new rules? I haven't experienced that yet. From what the reps told me, they still can't double dip. They can OPEN a case, you can easily get it closed.

Re: Am I responsible if buyer's item is stolen during shipping?
 

If it was $400 item you better believe I'm making someone sign for it. Not leaving it sitting on someones doorstep.

Re: Am I responsible if buyer's item is stolen during shipping?
 

Its been around for about a year now, ever since eBay and PayPal split

It was in eBay news quite a while back. Around July 2015

eBay community also has a few topics on it

For the most part if its a PayPal funded transaction then PayPal are siding with eBay (although this is not guaranteed). If its a chargeback though that is out of PayPals hands which is why the PayPal/eBay T&Cs do not apply

Re: Am I responsible if buyer's item is stolen during shipping?
 

its funny how the desirable items get stolen....its like they take a peek and decide whether to take it...

yes they can open a paypal case too if they lose ebay or are out of time for ebay....I won all mine so far though, as they were all far-fetched attempts....I am sure telling paypal that they lost the ebay case and why, does make a difference, and all of the cases got ruled in my favour or just got quitely dropped, not sure how but no outcome notification and no money deducted...

Re: Am I responsible if buyer's item is stolen during shipping?
 

Thanks everyone for your advice. No updates at all. I think that there's a high chance I will lose because my account has zero feedback and first item I sold is the one the buyer is disputing.

But I wonder, if eBay thinks I'm scamming why are they asking the buyer for more information? That is what makes me think I'll win because if they thought I was scamming they would have closed the case right then and there, but it has been extended because they are asking the buyer for more information.

I really do wonder what they are asking him.

Re: Am I responsible if buyer's item is stolen during shipping?
 

You sold an item on a zero feedback account worth $400, that's gutsy but then again I do often hear people doing stuff like that. The buyer probably thought you were a newbie, most likely why he's claiming the item got stolen off his front door.