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Who is liable when knife stolen by USPS -- dispute with user Kaw10e

Discussion in 'FEEDBACK: The Good, The Bad, The Ugly!' started by dyavorsky, Jul 11, 2019.

  1. craytab

    craytab Gold Member Gold Member

    Jan 26, 2012
    I know some who frequent here do not like to hear this but the seller is only on bfc to buy/sell/trade. That's a red flag to me.
     
    mmmotorcycle, LizaMari, mb> and 5 others like this.
  2. HappyDaddy

    HappyDaddy Gold Member Gold Member

    Dec 21, 2013
    Seller took buyer's money and failed to give him a knife or a refund. PayPal shouldn't have to reimburse the buyer, the seller should. Thievery in my book and he should be banned.
     
  3. tyyreaun

    tyyreaun Gold Member Gold Member

    Feb 26, 2017
    This. Quoting "the law" or the Uniform Commercial Code only really matters if you're planning on taking the issue to court. Otherwise, PayPal Buyer Protection, and bad publicity/negative feedback, are the main things the seller should be worried about.

    On the other hand, I'm willing to bet there's a federal law somewhere against negligently sending dangerous products through the mail without adequate protection. If a USPS employee got injured, I wouldn't at all be surprised if the seller did get an unexpected visit from the Postal Inspectors.
     
    WValtakis likes this.
  4. Gastonknife

    Gastonknife Gold Member Gold Member

    Dec 15, 2008
    Well, seller added to my ignore. I don't see it being a ban situation, but the seller's rep here will take a major hit - as it should. Hope that PP makes this right for the buyer, because the seller certainly did not. This despite the mistakes.
     
    BigKurtHaze likes this.
  5. Peter Hartwig

    Peter Hartwig Gold Member Gold Member

    Feb 29, 2008
    If the buyer gets made whole by PP:
    I think a moderator needs to speak to him(seller). If he doesn't want to be banned he should add a clause to his sales that this is the way he works-once it is out of his hands, he takes no responsibility. With full disclosure buyers can then decide if they want to deal with him or not. I think most not, unless the deals are great or item hard to get.
    If buyer is not made whole by PP: banning doesn't seem too extreme IMO. This buyer is out his money or a knife, do to sellers negligence, and it isn't going to feel any better then if he were scammed.
     
    Last edited: Jul 16, 2019
  6. Thomas Linton

    Thomas Linton

    Jun 16, 2003
    TOPIC: "Who is liable when knife stolen by USPS [?]"

    When discussions are about who is "liable," that raises a prototypical legal question. So the law only matters if you want an answer to a legal question. Other comments make what seem to be valid points about what might be done in the situation, as a practical matter, which was also part of the original post, if not the topic.
     
  7. dyavorsky

    dyavorsky Gold Member Gold Member

    378
    Dec 24, 2017
    Thank you all for you opinions and information. I made seller aware of this thread and haven't heard anything back. I'm working with Paypal and will update you when I know more (should be in a week).

    Re "liable" - yeah, I struggled to come up with a better title. I was trading off exactness for brevity and this is where it wound up. I suppose something like "How to resolve the situation when a knife disappears during shipping" might have been more correct.
     
  8. CataD

    CataD Platinum Member Platinum Member

    Oct 2, 2013
    Nope, title is correct - we're on a public forum, not in the Court of Law; some people like to play lawyers and split hairs and invoke the legal definitions of words, but they forget that the first synonym of 'liable' is 'responsible'. So, yes, the seller is liable/responsible for the delivery of an item he/she ships, simple as that!

    Seller went on ignore a few days back (thanks OP) and he/she should be banned. Also, we should know his/her real name so we can avoid doing business with this person in the future...
     
    Last edited: Jul 17, 2019
    Odog27 likes this.
  9. dyavorsky

    dyavorsky Gold Member Gold Member

    378
    Dec 24, 2017
    If seller does not assist in providing a resolution through the dispute process with PayPal, I will share the limited amount of info I have on the seller in order to protect future buyers. However, I believe it's too early to share that information.

    I suspect seller is a guy like me who doesn't want to be out $200 and maybe he just needed a little time (and the "nudge" of an official paypal dispute) to help him figure out how to do the right thing. Or maybe he's a total jerk - I don't know.

    He was buying a $150 knife and listing it immediately for $260. But I digress -- trying to make a buck doesn't make you a total jerk (but it doesn't rule it out, either :) ).
     
    Odog27, mb>, CataD and 1 other person like this.
  10. flylock

    flylock Gold Member Gold Member

    794
    Oct 9, 2004
    I personally like to use the small flat rate boxes I think that it’s much more secure for mailing people pocket knives but I still even use a good bit of tape on them
     
    WValtakis likes this.
  11. Brhowser87

    Brhowser87 Basic Member Basic Member

    Aug 3, 2016
    In the end he's a flipper here for buying and selling. It's gonna take PayPals involvement cause those people usually aren't capable of just doing the right thing. I hope your made right.
     
  12. JD Mandrell

    JD Mandrell Gold Member Gold Member

    Apr 20, 2001
    Uhh, yeah, he can, and should, HE contracted with them to act as his delivery agent, not the buyer.

    Another one on "ignore" now.
     
    BigKurtHaze likes this.
  13. Pete1977

    Pete1977 Gold Member Gold Member

    Apr 15, 2002
    The seller @Kaw10e failed to put any effort into shipping the knife. Had he invested a few more cents into some tape and packing material and a few more bucks into insurance he would not be out $200-something dollars because the knife was lost or stolen in transit. USPS isn’t going to make the buyer whole because the seller did not insure the package.
    The two most basic shipping customs of proper packing and insuring the package were not observed by the seller. If they had been, there is a high likelihood the knife would have arrived or at the very least neither buyer nor seller would be out any $$$ in the end.
     
    JD Mandrell likes this.
  14. mb>

    mb> Gold Member Gold Member

    Sep 24, 2014
    @dyavorsky This sucks man! Not just the situation in general, but if this is the knife I think it is, I know how much you were looking fwd to receiving it. Hope you get a favorable resolution. PayPal will side with you I'm sure.

    I recently received an international envelope from England. When it was delivered, the flap was open (no extra tape), and 1 of the 2 knives inside was stuck to the adhesive on the open flap, or else it would have been gone!! Unbelievable. That's the closest I've come to getting an empty package.

    It's actually even easier than that. You can place a free order online and have them delivered to you!

    I noticed that too. I'm not questioning the seller's integrity. But when I scan a profile and see 100% buying/selling, it gives me pause. A person has no real connection to the community when they...aren't involved in the community. Buying and selling is just the gateway.
     
  15. IIDiode

    IIDiode

    31
    Feb 16, 2017
    The fact that there isn't a peep from the seller pretty much shows everything that needs to be seen.

    Anyone with any kind of honour or integrity would be here defending/explaining.

    Silence speaks volumes.
     
    OilMan, tyyreaun, TOMBSTONE and 2 others like this.
  16. Airborne 1

    Airborne 1 Gold Member Gold Member

    542
    Apr 23, 2014
    The op is in the same boat,but for a few posts. Buy/sell/ trade and make a complaint.
     
  17. Pete1977

    Pete1977 Gold Member Gold Member

    Apr 15, 2002
    The OP has been forthcoming thus far however and we have not heard from the seller.
     
    benchwarmer380 likes this.
  18. JJ_Colt45

    JJ_Colt45 Gold Member Gold Member

    Sep 11, 2014
    Maybe one way to change this is for us who buy any knife on here should refuse any packages that are not boxed and secure when delivered.

    I know I have refused a package that was a USPS mailing envelope because it was torn open ... if everyone did maybe sellers would figure out how to pack correctly instead of trying to squeeze an extra dollar or two out by using sub par packaging.
     
    Murphjd25, joeradza and WValtakis like this.
  19. Airborne 1

    Airborne 1 Gold Member Gold Member

    542
    Apr 23, 2014
    You are correct ,but before we hoist flags ,let's look at all the facts. The seller is at fault.
     
  20. ndmiller

    ndmiller Platinum Member Platinum Member

    Nov 30, 2015
    OP Good luck on the PAYPAL route and still no response her from the seller......to ignore.
     

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