@pjcdn2005 wrote:
Plus...I am not positive, but I believe that it is actually law that a purchase belongs to the seller until the buyer receives it so refusing to refund a buyer that says they haven't received their parcel might be against the law.
I can clarify this. In commercial law, in "real-world" transactions, the sold item belongs to the buyer once the contract is signed and the money (consideration) is paid to the seller -- sometimes these two events take place at different times and/or places.
However, the item is usually stated to be at the risk of the seller up to an agreed closing time and date, after which it is at the risk of the buyer. This is usually the case where it isn't practical to immediately hand the item over to the buyer when the money is exchanged (e.g., a large piece of machinery, or real estate). It's a common misconception that this obligation of risk is equivalent to ownership, but it is not. Once the contract is signed and the buyer pays, legal ownership changes even if the seller still has physical possession of the item or property.
This is where insurance comes in. Generally commercial contracts contain clauses which stipulate that the seller is obligated to insure the item up until the agreed closing date and time, and usually insurance terms are imposed on the seller (replacement value, even insurer type or location, etc.). Failing to insure (or properly insure) is a breach of the contract on the part of the seller and a cause for legal action on the part of the buyer if the item is lost or stolen, because the buyer is at law the owner of the lost or stolen goods.
EBay has tried to make its world analogous -- the "signature" on the "contract" is the buyer's act of hitting the "Commit to Buy" button (i.e. commit to pay). However, there is (as yet) no obligation on an eBay seller to keep the item insured until it's in the buyer's hands - and that's where things can get a bit sticky on eBay.
For example, if the buyer doesn't follow through with payment, under contract law, whose item is it? It is, strictly speaking, the seller's if the buyer has breached his contract and not made payment. However, if the buyer has paid, it is the buyer's item, he owns it, but it is still at the seller's risk until delivered into the buyer's hands.
Hence if a seller ships an item to a buyer who has paid, and that item is lost or stolen, the seller is (strictly speaking) obligated to repay the buyer's money (refund), or replace the item under his contract with the buyer. It becomes a more complicated equation if a buyer claims to have not received the item, but the seller claims to have shipped and insured it properly. In "real world" contract law, usually the insurer steps in and investigates the loss, taking statements from both parties.
In the eBay world, eBay says the onus is on the seller to prove delivery in any case of complaint. So, tracking and insurance are in order if a seller wants to protect him/herself, or the seller must be prepared to refund.
EBay is very much its own legal world where the activities between buyers and sellers on the site are concerned. Realistically, unless you're buying such a valuable item that you could pay a law firm to pursue a claim against a seller for loss or non-delivery (or refusal to refund), real-world legal remedies between contracting parties are virtually meaningless. EBay's own rules are effectively the "law" for users of this site, and the "judgments" for breach or non-performance are in the form of seller performance ratings or restrictions/removal, and buyer restriction/removal. Users have to act accordingly.
w~~_7.JPG "pjcdn2005"){kind=avatar}
