@the_billycan wrote:
That's a might thick hat you are talking through and you make huge assumptions:
what assumptions am I making? about disclaimers?
the disclaimer will be ineffective - your disclaimer cannot trump the law
If that were the case, Australia Post wouldn't be able to get away with not providing guaranteed delivery for every item that they take legal responsibility for.
one of my bug bears at the moment - to prevent Aus Post from getting away with it, someone first has to take action - how many people have sought legal recourse to enforce the contract formed by Aus Post - my posts around the boards about this are quite prolific,
Kinda like setting up a posh restaurant in Queens.....pay the tracking or find something else to sell as it may not be a feasible item for online trading
Are you a Yank? Good God NO! Just the first low economic place I could think of that wasn't in Australia cos I was trying not to offend anyone on here by saying they lived in a scummy area kind of thing) I'm not setting up a posh restaurant in Queens or any other part of that contemptible country. I am not in and have no wish to be in a business where profit is everything. Neither do I want to/or will accept responsibillity for items I have duly entrusted to Australia Post. In Australia, only "proof of posting" is required to absolve a seller of liability and a photo of a stamped, addressed and sealed parcel, large letter or whatever should be enough. In fact, Paypal indicated it was (actually their suggestion) when I had an issue with a thieving buyer a few months ago.
"Should" is a subjective term, that doesn't make it true, that's just opinion. Unfortunately the law recognizes that peole do go into business to make profit and that is the paridigm around what the laws are made. The law really does struggle with quantifying emotion - it's subjective. But as I have pointed out, a photo of the addressed item etc does not necessarily prove postage.
Cos here's the thing with the law, it doesn't matter what I know, it doesn't matter what I believe, it only matters what I can PROVE beyond a reasonable doubt. The scenarios that i presented, whilst appearing to be cluthing at straws, do cast doubt as they are possible scenarios, all which have happened.
I just sell a few items I no longer want, to recoup some funds to prop up my pension so it is never going to be "find another product" and is hardly in my perview to do anything else. I think it insulting that YOU suggest I do, just as it is insulting that it should be intimated that I or anybody else should go elsewhere if I don't like it, which seems to be your crony PJ's stock in trade. Neither the OP nor I have broken any eBay rule or any law for that matter. Who made you the "eBay police"?
I never told you to go elsewhere. (I don't think) But some things just don't sell on ebay because of the trading environment (that was the point of my restaurant example) For example, I have a mobility walking frame thingy here I want to sell, but postage would be prohibitive and I don't want to do pick up, so I can't sell it, even though I want to. (although it was really handy for hanging my doona on the other day to dry after I washed it, so maybe I don't need to sell it) Just because I want to sell something dosn't mean that eBay is the platform on which I can sell it because I have to work within the constraints and guidelines of online trading. I
para 2 - hmmmm perhaps there was nothing in the envelope when they paid, perhaps the contents weren't as decribed so the seller didn't want to risk a neg or a chargebackand decided to blame aus post instead, or maybe, they just forgot to post it after paying, we often hear of people walking out of supermarkets with something tucked under their arm even though they went through checkout and paid for other stuff. Maybe they got distracted, or had a heart attack between payment and putting it in the letter box. dunno, but there are a few possibilities.
Gee, you are really are clutching at straws now. No, I'm just presenting scenarios that could have happened and things the law may lconsider. People do do that stuff and the law has to consider it. The law is a one size fits all commodity apparently made to seve "the greater good" It is not individualized.They went to the post office Well this lady did, can you say that everyone has and does do that? to buy postage for an empty envelope or they were planning a massive fraud that would support them for the rest of their lives, all on a $5.00 to $10.00 item. No wait, they had a heart attack and died and the OP is a disembodied spirit with an axe to grind. Unbelievable!!There is a scam on here at the moment for multicoloured rose seeds at $3 a pop. The law has no idea if this lady is involved in a scam or not. The scam has been going on for quite a while now, so I guess it is reasonably lucrative and what started out as 3 listings is now closer to 200 - all for a product that does not even exist!)
risking reputations? PayPal doesn't know if you are a scammer doing this a million times or a genuine person
While I won't be defrauded by some cheaparsed buyer who won't take responsibility for their own inactions, I care that my many honest customers believe me to be the honest person I am. Other than acknowleging that I follow their rules, I don't give a tinker's curse what Paypal thinks of me.
well, if you want to continue trading using PayPal, it really is kind of important that they think well of you, so I must admit that what they think of me is kind of important as I do want to keep using PayPal.
Plus you may know that you are honest, but I would guess that a lot of your customers don't know you and have no idea if you are honest or a shonkster. (same for me) so isn't it wise to give yourself the best protection possible so that you can prove your honesty should it ever be questioned?
In this scenario of the OP - the cusotomers feedback suggests they may be shonky(ish) but the seller has no definitive proof that they are honest and did post that item. They have some evidence to suggest that they may have done the right thing, but nothing definitive.
