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| | | Author: | MDA999  | | Posted: | Mar 11, 2022 11:42 | | Subject: | No delivery, seller refuses payback | | Viewed: | 194 times | | Topic: | Help | |
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| I bought some parts on an italian shop end january. I never got it delivered,
contacted the seller multiple times and each time he told me to look into it.
Nothing happens. Now he sent me information, that the delivery can't be tracked
and is not insured so he can't do anything about it. Since I can't find
anything on how to solve this on bricklink, I decided to hand it over to paypal.
He insisted I agreed on his policy not being responsible for lost packages. I
replied that he's selling inside EU and the law says he is responsible. He
counters with his terms, I counter that these are illegal as he is a seller inside
EU. Now he claims he is private, yet he nowhere states that in his shop, it's
always "our shop". I'm fed up. Is he responsible or not? (We're both
in EU)
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| | | | | Author: | Brickhunter85 | | Posted: | Mar 11, 2022 11:56 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 72 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | I bought some parts on an italian shop end january. I never got it delivered,
contacted the seller multiple times and each time he told me to look into it.
Nothing happens. Now he sent me information, that the delivery can't be tracked
and is not insured so he can't do anything about it. Since I can't find
anything on how to solve this on bricklink, I decided to hand it over to paypal.
He insisted I agreed on his policy not being responsible for lost packages. I
replied that he's selling inside EU and the law says he is responsible. He
counters with his terms, I counter that these are illegal as he is a seller inside
EU. Now he claims he is private, yet he nowhere states that in his shop, it's
always "our shop". I'm fed up. Is he responsible or not? (We're both
in EU)
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Of course he is responsible for it. Terms like this are invalid.
Also if you payed by PayPal, its against their terms.
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| | | | | | | Author: | MDA999 | | Posted: | Mar 11, 2022 12:02 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 63 times | | Topic: | Help | |
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| In Help, Brickhunter85 writes:
| | Of course he is responsible for it. Terms like this are invalid.
Also if you payed by PayPal, its against their terms.
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What do you mean by "its against their terms"?
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| | | | | Author: | yorbrick | | Posted: | Mar 11, 2022 12:10 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 68 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | I bought some parts on an italian shop end january. I never got it delivered,
contacted the seller multiple times and each time he told me to look into it.
Nothing happens. Now he sent me information, that the delivery can't be tracked
and is not insured so he can't do anything about it. Since I can't find
anything on how to solve this on bricklink, I decided to hand it over to paypal.
He insisted I agreed on his policy not being responsible for lost packages. I
replied that he's selling inside EU and the law says he is responsible. He
counters with his terms, I counter that these are illegal as he is a seller inside
EU. Now he claims he is private, yet he nowhere states that in his shop, it's
always "our shop". I'm fed up. Is he responsible or not? (We're both
in EU)
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It depends what you mean by responsible.
Is he responsible for the loss? Probably not unless he messed up addressing it.
Is he responsible for refunding for the loss? Yes.
I wouldn't bother contacting the seller again, just deal with PayPal now.
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| | | | | | | Author: | MDA999 | | Posted: | Mar 11, 2022 12:16 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 73 times | | Topic: | Help | |
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| In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him. So I had to post an answer and corrected
him and he comes up with next level BS and I hate this. I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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| | | | | | | | | Author: | tons_of_bricks | | Posted: | Mar 11, 2022 12:24 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 56 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him. So I had to post an answer and corrected
him and he comes up with next level BS and I hate this. I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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1 negative feedback is not going to ruin your rating, especially since you're
a buyer. If anything, most people are going to see through his feedback and it
will just make him look worse even more.
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| | | | | | | | | | | Author: | SylvainLS | | Posted: | Mar 11, 2022 12:27 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 67 times | | Topic: | Help | |
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| In Help, firestar246 writes:
| | In Help, MDA999 writes:
| | In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him. So I had to post an answer and corrected
him and he comes up with next level BS and I hate this. I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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1 negative feedback is not going to ruin your rating, especially since you're
a buyer. If anything, most people are going to see through his feedback and it
will just make him look worse even more.
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You can file an NSS (non-shipping seller) on BL.
https://www.bricklink.com/retract.asp
If it goes all the way, the seller won’t be able to leave feedback and any feedback
they leave will be removed.
BL is more lenient that PP and only wants proof of shipping (and not proof of
delivery) but the seller may not even have that.
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| | | | | | | | | | | | | Author: | zorbanj | | Posted: | Mar 11, 2022 12:55 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 52 times | | Topic: | Help | |
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| In Help, SylvainLS writes:
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You can file an NSS (non-shipping seller) on BL.
https://www.bricklink.com/retract.asp
If it goes all the way, the seller won’t be able to leave feedback and any feedback
they leave will be removed.
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It won't stick unless the seller doesn't bother to respond to the NSS.
When the seller provides proof of the refund PayPal forces him to make, the NSS
will be removed.
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| | | | | | | | | | | | | | | Author: | 1001bricks | | Posted: | Mar 11, 2022 13:01 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 50 times | | Topic: | Help | |
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| In Help, zorbanj writes:
| | In Help, SylvainLS writes:
| |
You can file an NSS (non-shipping seller) on BL.
https://www.bricklink.com/retract.asp
If it goes all the way, the seller won’t be able to leave feedback and any feedback
they leave will be removed.
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It won't stick unless the seller doesn't bother to respond to the NSS.
When the seller provides proof of the refund PayPal forces him to make, the NSS
will be removed.
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Yep, the mod should be moderated 
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| | | | | | | | | | | | | | | Author: | SylvainLS | | Posted: | Mar 11, 2022 13:03 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 63 times | | Topic: | Help | |
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| In Help, zorbanj writes:
| | In Help, SylvainLS writes:
| |
You can file an NSS (non-shipping seller) on BL.
https://www.bricklink.com/retract.asp
If it goes all the way, the seller won’t be able to leave feedback and any feedback
they leave will be removed.
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It won't stick unless the seller doesn't bother to respond to the NSS.
When the seller provides proof of the refund PayPal forces him to make, the NSS
will be removed.
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Yeah, the If is big. As I said BL is lenient. But there’s still a chance.
And it passes the time until PP answers
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| | | | | | | | | Author: | Dino | | Posted: | Mar 11, 2022 12:32 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 61 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him. So I had to post an answer and corrected
him and he comes up with next level BS and I hate this. I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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Wenn du einen Fall bei Paypal eröffnest, wird der Verkäufer von Ppaypal gebeten,
einen Nachweis der Lieferung zu erbringen. Kann er das nicht, wird zu deinen
Gunsten entschieden und Paypal erstattet dir das Geld.
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| | | | | | | | | Author: | yorbrick | | Posted: | Mar 11, 2022 12:46 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 50 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him. So I had to post an answer and corrected
him and he comes up with next level BS and I hate this. I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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I wouldn't worry about any feedback you get. If you buy from an instant checkout
store you order and pay in one go, so the seller cannot do anything any way.
If you buy from a store that invoices you, then they might insist on sending
it tracked even if low value. But if prices are higher than advertised in their
store terms you can ask to cancel.
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| | | | | | | | | Author: | zorbanj | | Posted: | Mar 11, 2022 12:53 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 42 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him.
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PayPal will require a tracking number. Seller doesn't have one. You will
win. PayPal will deduct the amount from the seller's account and deposit
it into your account.
| | So I had to post an answer and corrected
him and he comes up with next level BS and I hate this.
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Doesn't matter what the seller says. PayPal requires tracking or the seller
loses automatically. Of course you are angry and frustrated but give the process
time to work itself out 
| | I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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You can reply to feedback left for you. You can also post your own appropriate
feedback for the seller. I would not worry about this. Get your money back.
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| | | | | | | | | Author: | SezaR | | Posted: | Mar 11, 2022 15:04 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 54 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | In Help, yorbrick writes:
| | I wouldn't bother contacting the seller again, just deal with PayPal now.
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Yeah, but after I opened the case the seller had the right to respond and neglected
every responsibility away from him. So I had to post an answer and corrected
him and he comes up with next level BS and I hate this.
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While this is against the Law and seller is responsible, I think what you are
doing is morally incorrect for the following reason:
Probably the seller has in his terms something like:
If you don't buy insurance and tracking, you accept the risk of lost (so
no refund).
What this means is that the seller gives you the opportunity to pay something
like 15 Euro less for shipping costs, so he gives you the option to save 15 Euro,
but in that case, if you don't receive the package, you won't request
a refund.
As you did not request him tracking/insurance, assuming he stated above in his
terms, I find your PayPal claim morally incorrect.
As a buyer, if I don't want to accept the risk, I will not order from this
store. If I decide to pay less for shipping, I accept the risk of loss and in
case of loss, I will not request a refund. I may just request him a proof of
shipment to make sure he actually shipped it.
When did you order?
It may be too soon to decide that the order is definitely lost. Sometimes a package
may take more than 4 week, even 8 weeks to be delivered.
If it gets delivered, I think you can repay him or just cancel the PayPal claim
if you have not got any refund yet.
| | I really hope PP decides
right, even though he'll surely f*ck up my reputation with a negative rating.
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| | | | | Author: | kzinti | | Posted: | Mar 11, 2022 20:35 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 47 times | | Topic: | Help | |
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| In Help, MDA999 writes:
| | I bought some parts on an italian shop end january. I never got it delivered,
contacted the seller multiple times and each time he told me to look into it.
Nothing happens. Now he sent me information, that the delivery can't be tracked
and is not insured so he can't do anything about it. Since I can't find
anything on how to solve this on bricklink, I decided to hand it over to paypal.
He insisted I agreed on his policy not being responsible for lost packages. I
replied that he's selling inside EU and the law says he is responsible. He
counters with his terms, I counter that these are illegal as he is a seller inside
EU. Now he claims he is private, yet he nowhere states that in his shop, it's
always "our shop". I'm fed up. Is he responsible or not? (We're both
in EU)
|
Just a word from someone who has dealt with postal service in the area: Please
be patient. There are packages that have taken 4-5 months to arrive, but they
have arrived. If you can be patient, please do so. Everywhere you ship these
days, there are problems. US Postal Service took the unheard of steps of shutting
down almost all classes of service to Australia from the US due to those issues.
Again, patience. However, if you've already pressed it back to Paypal, and
the Seller does refund your money, and the parts do show up at a later date,
months down the road possibly (we won't ever know, but you will), be sure
to pay what's due if that happens. If you can't find it in you to be
patient, at least be fair.
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| | | | | | | Author: | peregrinator | | Posted: | Mar 11, 2022 21:16 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 47 times | | Topic: | Help | |
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| In Help, kzinti writes:
| | Just a word from someone who has dealt with postal service in the area: Please
be patient. There are packages that have taken 4-5 months to arrive, but they
have arrived.
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I would be surprised if it took several months for a package to get to Austria
from Italy. I agree that if the package does eventually arrive, the buyer should
pay for it (again, if he got a refund earlier).
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| | | | | | | Author: | MDA999 | | Posted: | Mar 12, 2022 12:49 | | Subject: | Re: No delivery, seller refuses payback | | Viewed: | 36 times | | Topic: | Help | |
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| In Help, kzinti writes:
| | Again, patience. However, if you've already pressed it back to Paypal, and
the Seller does refund your money, and the parts do show up at a later date,
months down the road possibly (we won't ever know, but you will), be sure
to pay what's due if that happens. If you can't find it in you to be
patient, at least be fair.
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I will, you can be sure.
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Austria, Niederösterreich
Germany, Bayern
United Kingdom, England
USA, Missouri
France, Nouvelle-Aquitaine
Luxembourg
Canada, British Columbia
