Hypothetical shipping question 2 2

[Black_Adam]

Hypothetical question - when does comic ownership finalize during an online transaction?

For example, let's say I buy a comic for $300. Send payment, buyer ships USPS (no additional insurance) and then, no shenanigans involved, the comic goes permanently missing during transit. Is it my property (and my loss) the moment the seller hands it off for delivery? Or is it the seller's property (and their loss) until the comic is safely delivered to buyer?

[Lightning55]

It depends on how and where you purchased it.  If it's on a marketplace, there are rules set - maybe guaranteed by the marketplace, maybe by the seller, maybe by PayPal if you used that, almost ALWAYS by your credit card company in any situation.

You would need to present a few more details to get a more specific answer.

If you mean by "permanently missing" that it shipped a few weeks ago, or a month ago, and has not shown up, that is NOT uncommon these days.  You'd have to check the USPS website to see what timeframe they think it is that something is lost. 

If sent Priority, it has $50-$100 automatic insurance.  The $100 applies if it's sent using a commercial account.

[electricprune]

1 hour ago, Black_Adam said:

Hypothetical question - when does comic ownership finalize during an online transaction?

For example, let's say I buy a comic for $300. Send payment, buyer ships USPS (no additional insurance) and then, no shenanigans involved, the comic goes permanently missing during transit. Is it my property (and my loss) the moment the seller hands it off for delivery? Or is it the seller's property (and their loss) until the comic is safely delivered to buyer?

This is a good question. I’m guessing it might take a lawyer in each state to answer the question. So many factors could be at play.

One would be who paid for the freight. If the buyer pays, it might be considered FOB “plant.” I believe that means the buyer “owns” the shipment as soon as it leaves the point of origin. If the seller pays, it’s likely FOB Destination, and the shipper owns it until it gets to where it was shipped to. Some of the lawyers on the boards could probably confirm or refute this.

That being said, eBay may have their own policies as well as other sites, including these boards. I’m not sure if those types of agreements can supersede state (and international) laws though, if a state even has such laws regarding this.

There may be no single answer to your question. I’d be interested to know if any of our learned boarders have a better grasp on this.

Edited January 2, 2021 by electricprune

[mrc]

1 hour ago, Black_Adam said:

Hypothetical question - when does comic ownership finalize during an online transaction?

For example, let's say I buy a comic for $300. Send payment, buyer ships USPS (no additional insurance) and then, no shenanigans involved, the comic goes permanently missing during transit. Is it my property (and my loss) the moment the seller hands it off for delivery? Or is it the seller's property (and their loss) until the comic is safely delivered to buyer?

In my limted experience, the seller had to reinstate the buyer financially and then claim back the loss from the shipper or postal service after a set amount of time. The buyers details would be included in the claim.

[Lightning55]

Getting your money back as a buyer is all about guarantees and enforcement.  Without more specifics, only general answers can be provided.

If you sent a check or money order for a comic, that money is firmly in the seller's hand with no leverage on your end to get it back. 

If you paid by credit card, the card issuer will usually side with the buyer and do a chargeback.

On a missing or damaged package that has any amount of insurance, either the buyer or the seller can put in a claim at USPS.com.  Missing packages have to go through a waiting period, a set number of days.  That period limit is what classifies it as officially missing.

 

 

[Tempus Fugit]

I am not sure of the legality, but as a seller I consider it my responsibility to put the book into the buyers hands.

No different than Amazon or any other online seller.

 

[Buzzetta]

As someone who occasionally sells, it is on the seller with exceptions: 

1 - If you are an adult and do not know your own an address:  If you did not update your PayPal account and it shipped out to your old address, that is not my problem.  I only ship to the address that eBay gives me or PayPal gives me.  Telling me midway through that you had it sent to the wrong address is something I will try to help you out with but the onus falls on you.  Even a big box company is going to raise an eyebrow at you trying to make a claim because YOU had your item shipped to an address you do not live at and then claim you did not receive it. 

2 - If you are the victim of a porch pirate:  Take that up with your local police department.  If it is marked delivered and someone steals it off your porch, and you are that misguided to tell me that as the reason you are seeking a refund, I will look online to see what police precinct watches over your area and send you back all of their information. 

 

This is why as a buyer I go nuts when a carrier, usually Fed Ex, signs for the package themselves and drops it off somewhere.  Then it is up to me to put pressure on the carrier which has had to happen before. 

 

Edited January 3, 2021 by Buzzetta