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DeathReaper wrote:

Ignatius wrote:If the OP has all of this in writing and documented then there should be no problem raising hell if they make you refund it. Pretty much everything you say or write down can be used against you at some point, so having that should be enough.

This is a country that a woman won a million dollars for spilling coffee on herself at McDonalds. I think you will be alright.

The first part I agree with.

The Liebeck v. McDonald's Restaurants lawsuit did not end with the defendant getting "a million dollars for spilling coffee on herself at McDonalds"

I got my point across. I was trying to think of something rediculous and that's the first thing that came to mind.

If it were a ridiculous lawsuit, it would have never made it to court. They would have thrown it out for being a frivolous lawsuit.

$100 for a titan!You could have sold it for loads more!

When a seller takes your money for shipping and handeling they assume the risk of shipping. It doesn't matter the guy is half way around the world purchased the item and said it'll be okay. The appropriate thing to do the moment you decided it couldn't survive would have been to return the money and apologize. If the likelyhood that it might survive existed and the risk was worth it, the seller should then have purchsed insurance. If insurance isn't available, its at the risk of the seller. This is why Ebay's policy prohibits sellers from charging for insurance, because in this type of transaction the insurance is intended to protect the shipper from risk and the obligations of attempting to replace the good.

The reason the law places the duty on the seller is because they're taking the money and making the shipping arrangements and its impossible to know if it broke because Italian postal workers are rough or because you dropped it a little too hard setting it down on the counter at the post office. Once you took that shipping and handeling fee you were obligated to provide two things, the model and its reasonably safe delivery.

Dabansheedude wrote:$100 for a titan!You could have sold it for loads more!

You must have missed the part where said titan is made of cardboard and drinking straws. At which point the question is, who the heck would pay $100 for a cardboard model?



Anyway, I don't get all this "Paypal protects the buyer" stuff. When I got into a dispute with Bits & Kits, Paypal basically said "if you signed for it, it's your problem"

Its a little more complex than cardboard and straws lol. I use thin plasticard, medical tubing, pvc pipe, and of course, thin cardboard. Im also working on water proofing them at this point. (or added protection from water)

A clear sealant spray would probably work well for protecting them against water.

Or Scotch guard.

lord_blackfang wrote:

Dabansheedude wrote:$100 for a titan!You could have sold it for loads more!

You must have missed the part where said titan is made of cardboard and drinking straws. At which point the question is, who the heck would pay $100 for a cardboard model?

Italians who intend to get a refund anyways?

Insurance always. never post to Italy...Ever! Their entire postal service is staffed by disgruntled ex-soccer players who practice their footwork with your packages.

http://www.youtube.com/watch?v=2Q6_9A90cUk&feature=related

The only mistake the seller has made in all of this shipping anything from ebay without insurance, ESPECIALLY to an international customer. Every package I ship goes priority mail with insurance and delivery confirmation for domestic and express mail international with insurance for international. I offer zero refunds unless the item is not as described, because as a side line seller I do not have the time to continually take back items that people "changed their mind on" after I ship them. If there is any damage caused by shipping then an insurance claim is filed and the buyer waits as long as I do for the insurance claim to come through and must legally provide evidence for the claim as well. If they claim it is damaged in shipping, but won't provide pictures of the damaged item then the claim will not go through and they will be investigated for fraud.

Even the little stuff needs insurance because those packages can also just vanish in the shipping systems as well. The people who are the first to chime in that first class in a small envelope is fine instead of paying the full insured priority price are also the first and loudest to complain when their product doesn't show up. Even though they are the ones who try and push their way around the system of protections so that if their item disappears they can get their money back without a big argument and craziness involving filing claims with ebay and paypal.

Insurance is for the *sellers* protection more than for the buyer's protection, because it doesn't matter if your buyer is trying to pull a fast one or not the insurance pay out process will suss out the truth with minimal input from you once you get the ball rolling. It takes a while so an occasional, they are still investigating message is needed, but that is all. The shipper will require evidence from the buyer and if none is forth coming then will not pay the claim. It is that simple and easy.

Skriker


Automatically Appended Next Post:

DeathReaper wrote:If it were a ridiculous lawsuit, it would have never made it to court. They would have thrown it out for being a frivolous lawsuit.

You obviously have no real understanding of our legal system any more there Deathreaper. Hundreds and thousands of frivilous cases make it to court every year in the US. It is why our court system is so painfully back logged. There is no simple bar that is placed before cases that someone says, "Are you serious? Get out of here with that nonsense." before the case gets to a judge to be fully heard. Besides even if a case is frivilous it can cost the target of the suit some many thousands of dollars before it gets to the point of being thrown out anyway.

I don't like it, but that is the way it really works.

Skriker

http://www.cracked.com/article_19150_6-famous-frivolous-lawsuit-stories-that-are-total-b.s..html

Just leaving this here.

Skriker wrote:

DeathReaper wrote:If it were a ridiculous lawsuit, it would have never made it to court. They would have thrown it out for being a frivolous lawsuit.

You obviously have no real understanding of our legal system any more there Deathreaper. Hundreds and thousands of frivilous cases make it to court every year in the US. It is why our court system is so painfully back logged. There is no simple bar that is placed before cases that someone says, "Are you serious? Get out of here with that nonsense." before the case gets to a judge to be fully heard. Besides even if a case is frivilous it can cost the target of the suit some many thousands of dollars before it gets to the point of being thrown out anyway.

I don't like it, but that is the way it really works.

Skriker

Clearly you have no Idea what knowledge I have of our legal system.

Please refrain from making comments like this, they are neither appreciated, needed, or true.

Thanks

-DR.

Maybe do 50/50 with the buyer.