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Use caution when purchasing from Bmanny!
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06-10-2010, 11:10 AM | #24 |
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It sounds like you did not specifically direct him to use shipping insurance. It is easy to blame him now for not purchasing the option, but you should've told him to purchase it to begin with.
btw, I highly doubt PayPal will be of any assistance. They are the worst at "settling" disputes, if you can even call it that. Last edited by bimmertt; 06-10-2010 at 11:23 AM.. |
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06-10-2010, 11:11 AM | #25 |
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Why wait
Why wait for the morning, , , ,
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06-10-2010, 12:01 PM | #26 |
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Damn that trunk looks awful hope you get your money back.
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06-10-2010, 01:20 PM | #28 |
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Aren't you glad that you're not having to deal with this headache? =P
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06-10-2010, 04:29 PM | #30 |
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No sir, not a single constructive message from him. I figured he'd come and try to be helpful in this thread, but nope. The only thing he's done is gone back and edited his posts in the original sales thread. I am giving him a chance to fix this and he's not taking the opportunity to. He needs to fix this by the time I get off of work tonight. Otherwise, I will take the necessary and appropriate actions to resolve this issue.
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Last edited by Synergy 69; 06-10-2010 at 04:43 PM.. |
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06-10-2010, 04:52 PM | #31 | |
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but anyways, from the pics i dont think it can be repaired. hope you can get your money back from paypal. or get ur CC charge back. i always use my CC thru paypal to buy used stuff online. |
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06-10-2010, 10:31 PM | #32 |
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Very unfortunate when a private sale goes south when both parties have operated in good faith. I've been on both sides in similar situations. Always leaves a bad taste in both parties. Seller doesn't want help out cause it was probably a quick sale and sold for cheap--Seller just doesn't have time or want to deal with the headache. Buyer wanted a great deal and purchased with enthusiasm only to have hopes and expectations crushed.
The Law (I'm not a lawyer, this is my speculation) Generally, Seller is bound to deliver the product in stated and merchantable condition and selling for cheap does not relieve seller of this duty. If it was sold "as is"...this merely disclaims any implied warranties (e.g. the implied warranty of merchantability/fitness/etc) but does not disclaim express warranty (if the seller specifically made any statements or descriptions in the thread regarding the good being sold--that's an express warranty). Here, by providing pictures in the thread and because the Buyer did not receive a product matching the description due to damage in transport, the Buyer should have a claim for damages from the seller. The Seller, in turn, has a claim for damages from Fedex/Grey Hound or whatever. No insurance though...that'll be a toughy for Seller to recoup any losses. Even with insurance, Seller should be prepared for a fairly long and arduous process of gathering, copying, and faxing documentation, a process which can take over two months to properly resolve. What will Actually Happen Assuming the Seller does not cooperate, the Buyer will get shit. If there is tracking to prove delivery, Paypal will likely favor the Seller. Seller's reputation may or may not be tarnished. On e90post there is no real penalty system on classifieds and thus no incentive for a seller to make a sale right if it goes wrong. This shit wouldn't fly on another forum...Anandtech, for example--there, the Seller would be flayed alive. ...Life moves on. Further Remedy for Buyer...
but let's face it...you'll bump this thread for a few weeks...but yup...it'll die...and once the Seller figures out he can simply lock his FS thread over on classifieds to pevent replies...that'll die too. Sucky situation :/ EDIT: I just wanted to clarify that if you do file for small claims...that's where the "speculative Law" portion of my schpeal would come into effect. It's not a hard process...in fact it is pretty easy. But you have to file this and that + gather documentation. It is definitely a good experience and I am certain you will win. HOWEVER...the court will just say you win and the Seller STILL owes you money. The ACTUAL getting the money from the guy is separate issue, unfortunately. Unlike big corporations like DELL who will pay up promptly in a small claims cause--since it has assets on which you can place liens upon receiving judgment in your favor; in the instant case, however, you have a mere private seller...that changes things considerably. That is why it's kind of a shitty system--everyone in this thread knows you are in the right...I don't think having a small claims court saying so will make you feel any better. So, there is no point going to small claims unless you want to pursue this to the end and follow up. But for $1000? I'd just toss it up as lesson learned. Things could have been worse. Anyway, there's my ten cents, my two cents is free. A nuisance, who sent? You sent for me? Last edited by XiaoDeeDeee; 06-11-2010 at 02:22 AM.. |
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06-10-2010, 11:12 PM | #33 | |
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06-10-2010, 11:34 PM | #34 |
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I didn't imply that at all lol. I meant that he should have taken picture before, during and after he opened the box to show proof that the packaging was a mess.
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06-11-2010, 09:40 AM | #35 |
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Does that mean that the seller himself should take pics of the packaging process? I understand where you're coming from, but how else could the item have been damaged unless it was damaged prior to shipping.
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06-11-2010, 04:06 PM | #36 | |
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+1 , , That say's it all , ,
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06-13-2010, 11:07 AM | #38 |
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06-14-2010, 03:23 PM | #39 |
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I'm surprised that he hasn't come on this thread to defend his integrity and honor at least. =/
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06-16-2010, 11:39 AM | #40 |
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Where is he , ,
What has happened with this, did he fall off the face of the earth , ,
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Brian
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06-16-2010, 02:28 PM | #41 | |
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He still has me blocked and has not responded. I PM'd a few of the mods in this area for some help and have not gotten a response yet. |
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06-16-2010, 10:59 PM | #42 |
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He does not seem to be posting anywhere, has he run off?
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Brian
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06-18-2010, 11:58 AM | #43 |
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What ideas do you have for how we can help?
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My recent ED photos: http://f80.bimmerpost.com/forums/sho....php?t=1026808
my not-so-recent ED: http://www.e90post.com/forums/showthread.php?t=31829 Please join BMWCCA http://bmwcca.org/index.php?pageid=c...&ref_by=300279 |
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06-18-2010, 12:19 PM | #44 |
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He has to want to , ,
I think a lot depends on him wanting to resolve this issue. As a moderator you could establish a dialog with him to determine, what if any, desire he has to clear this up.
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Brian
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