GEARBEST DENYING REFUND FOR A STOLEN ORDER SAYING IT,S NOT THEIR RESPONSIBILITY

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raitushar9
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GEARBEST DENYING REFUND FOR A STOLEN ORDER SAYING IT,S NOT THEIR RESPONSIBILITY

Dear Tushar,

Thank you for your order with us.

After checking, we do send the item with the package.

The shipping company is actually responsible for this loss which is sadly beyond our control.

Technically, we should offer no compensation.

Kindly refer to our warranty policy here:http://www.gearbest.com/about/warranty-and-return.html and terms and conditions from http://www.gearbest.com/about/terms-and-conditions.html

As you are our valuable customer, we hope to try our best to help you.

Please consider the following solutions:

1) Refund 50 USD to your payment account

2) Refund 50 USD to your GB Wallet.

We can offer a partial refund on your wallet and exceptionally reward you with extra points(You will receive 1 points for every 1 USD. For example 3 USD will gain you 3 points)

The refund will take 24 hours to process and appear in your GB wallet.

You can use both your wallet and points to purchase your future products.

Learn more about wallet benefits : http://www.gearbest.com/about/gb-wallet.html

Check out how to use point : http://www.gearbest.com/about/about-points.html?157wrew

3) Resend the item if you pay us 160 USD

Please reconfirm your address as follows:

The delivery information
customers:

Can you please let me know your decision?

Looking forward to hearing from you.

Best Regards

Pamela

Senior Customer Service Agent

http://www.gearbest.com

order number- W1801301807218259

Ticket:E18030800385

This is my first order from gearbest I ordered a Teclast T10 and I recieved an empty parcel from them. Has anybody else has faced the same issue please help what to do I have paid for the insurance I have heard a lot of bad things about gearbest but seems like I am myself facing the music

AlexGT
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Just dispute it truough paypal and let them deal with it…

Itsme
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similar thing happened to me in regards to a package arriving with no contents. Paypal sided with GB and I was out the money. I had bought the shipping insurance through GB but they refused to honor the insurance. I have had nothing to do with them since and I won’t buy anything from them ever again.

moderator007
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I have had the same issue before. Here in the USA the service was USPS. Unfortunately the purchaser of the shipping can file a claim with the shipping company. If gearbest would contact the shipping Co. and give them the tracking number explaining the problem the shipping company should reimburse gearbest. Which they could reship the items. But as far as I know gearbest has to be the one to file a claim. They would be the one who purchased the shipping and insurance even though it came out of your pocket.

DENGOH
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My experience with GB was very good. Refunded me in full two times for undelivered parcels, both value around USD15.
I’ve never bought any insurance because there is no details about it.

cool i'll see you when you get there

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DENGOH wrote:
My experience with GB was very good. Refunded me in full two times for undelivered parcels, both value around USD15.

I’ve never bought any insurance because there is no details about it.

Yeah, I had 4 shipments disappear for a few months. 2 eventually arrived, 2 never showed, got refunds for the 2 no-shows. No insurance. And amazingly, all 4 of the MIAs were nominally untracked (AzPost). I was expecting an uphill battle, but everything got settled almost painlessly.

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Agro
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Yeah, my experiences are good as well.
Except for the last one, where they were very generous with the compensation. But I got $15 on GB wallet and $0.30 in points. I was told that I would get $15 in points and saw just that $0.30. The agent could swiftly explain to me what happened, but they were unable to do so. Probably due to poor English skills. Only after a week, while making another order, I found that I can take $15 off it from the wallet.

But really, even if I lost an order or 2 and had to pay myself, I would keep buying there. Why? Because their top deals were so good that if I added 10% to the price to compensate for losses, I would still end up with extremely good prices.

It’s the same with all major Chinese vendors. Sometimes you get problems, sometimes you lose. Sometimes you win, but only after months-long fight. But such issues are rare. Almost all orders either arrive or you get refund / re-shipment easily.

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I think OP’s case becoming a dispute is due to amount involved. USD160 is a much bigger amount than most cases.

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Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation.
Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.

I always think long and hard before I say something really stupid.

Agro
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Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation.
Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.

Are you sure about it? I ask because it would be very surprising to have such differences in law across EU.
In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).
Henk4U2
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Agro wrote:
Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation. Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.
Are you sure about it? I ask because it would be very surprising to have such differences in law across EU. In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

Want to complain to the shipper? About what? You have no contract with them. You have not selected them as shipper. Maybe the person/institution/seller does not perform/execute all separate steps in the chain of events them selves. But they are responsible for the outcome. The seller is the contractor. You did what you agreed to do: you payed them. Now the contractor is responsible for the other part of the deal: that you get your parcel.
The same goes for warranty. The seller is responsible (to you), not the company with the same name as the badge on the broken down item. Let the seller deal wit that.

I always think long and hard before I say something really stupid.

Narmattaru
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my order list at gb is really long, like 10 pages

MOST of them arrives as supposed.

but 2-3 times a had a war against customer support who denied video and photo evidences, saying that they sent ordered items.

anyway, all those bad situation were solved and i got refund.

in this case i STRONGLY recommend to video unboxing ANY parcel

that really helps.

good news, everyone!

Agro
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Henk4U2 wrote:
Agro wrote:
Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation. Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.
Are you sure about it? I ask because it would be very surprising to have such differences in law across EU. In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

Want to complain to the shipper? About what? You have no contract with them. You have not selected them as shipper. Maybe the person/institution/seller does not perform/execute all separate steps in the chain of events them selves. But they are responsible for the outcome. The seller is the contractor. You did what you agreed to do: you payed them. Now the contractor is responsible for the other part of the deal: that you get your parcel.
The same goes for warranty. The seller is responsible (to you), not the company with the same name as the badge on the broken down item. Let the seller deal wit that.


Frankly, I also find it surprising that you’re supposed to complain about a package that may have not existed.
But the other option is also bad: they would have to complain about the package that may have been delivered successfully.

Was the contract to deliver the package to you, like you say?
Or maybe to deliver it the shipper that you agreed with the seller?

In Poland it works like I said, the moment of transferring responsibility is when the seller gives the package to the shipper. Could you please make sure that in your country it works the way you described?

agent80
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It is a known scam in some countries. Order the item, receive it, use it and then claim the item was stolen. I have been told by folks who do this on how they get free stuff from China.

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Unfortunately. A lot of people have NO morals anymore.
“If it ain’t welded down… It’s mine” regardless.
India has best idea. No Fingers, NO pick it up..
Should be done elsewhere too, I reckon.

I have had, probably 4 items from China. Mainly over this last christmas. Being Non Arrivals.
EVERY one was offered refund or resend. I always pick resend.
and it normally turns up second time around.
And the one time I ordered 2 torches, and they sent the wrong bin
in both. They sent me a refund without asking. “Keep the torches. Our bad”.
So I reordered. Repaid. and got right ones.

I’ve been dealing on net. Mainly as customer. for 17yrs or more.
With items up to several grand a time (Game Fishing gear)

It’s only this and last yr. there has. For me. Been any problems??.
ALL being from China. Other country’s usually fine.
I think the sheer volume of mail. especially these small packets. is the main problem. It’d be impossible to cover all of them.

And the prices we pay. Really…. What the heck. A beer or shot of whiskey, costs more than a lot of them.
(I drink Single malt $25\30 a shot when out.)
We’re lucky to have the supply of their gear at their prices.
They 5 plus times more for same item in your own country.
Here in Australia. Even more inflated.

Just be glad it’s avail at those prices and suck it up, the few times they go walkabout. Paypal “usually” covers you.

mortuus
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sucks, but they should check with shipping company and report to them and perhaps change to another if its that bad?, until it gets deliver to your door its their problem if package gets stolen or misplaced. i would just go with paypal dispute…

160$ and they want offer refund 50$ is that a joke ? dont accept that just let paypal decide its not okay to offer not even half of what u paid….

insurance covers only them not u the buyer lol thats a scam also sadly…

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I have ordered 174 times from Gearbest. About 3-4% never arrived or were the wrong product. Sometimes it’s a struggle to get Gearbest to make it right. Paypal is your best resource for dispute at that point. Report a problem with them and then escalate it to a claim.

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Lightbringer
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Agro wrote:
Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation. Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.
Are you sure about it? I ask because it would be very surprising to have such differences in law across EU. In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

Here in the US, it may not be law (never had to check), but it’s customary that if you order something and it doesn’t arrive, they’ll just make good anyway.

My gf ordered a shirt for me from Amazon. It came just fine, but was sized a bit small (ie, XL fit more like an L). She asked the vendor if she could exchange it, and they said don’t worry, they shipped an XXL(!) for nothing, keep the XL. Holy crap! That’s awesome customer service! And it had nothing to do with Amazon’s a-to-z warranty, as this was direct to the vendor.

So I have a good shirt that fits great for wearing outside, and a kinda snug shirt that’s good for just around the house. Big Smile

One reason I get everything delivered to where I work is that there’s always someone to receive the package, and they will not just leave it outside if the place is closed. Not so at home. They’ll just leave it on the front stoop (3 steps from the sidewalk) and walk away, not even ring the bell, and good luck if some slimebag walks off with your goodies. Worse, they’ll mark it as “delivered”, so now you’d have to fight with the company being that everyone’s claiming you “received” it, but you’re telling them it never showed.

I think that’s the difference between China and the rest of the world. To keep prices low, they want to just wash their hands of any delivery issues, like, “Take it up with the post office” and the like. But again, if some idiot just leaves it on the sidewalk, walks off, but marks it as “delivered”, the shipper tries to wash their hands of it, too, and you’re stuck.

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wstrachan wrote:
I have ordered 174 times from Gearbest. About 3-4% never arrived or were the wrong product. Sometimes it’s a struggle to get Gearbest to make it right. Paypal is your best resource for dispute at that point. Report a problem with them and then escalate it to a claim.

The only time I ever had a dispute that threatened to go badly, I ordered a 4pak of 30Qs. Was marked “delivered” (at work, and on Hallowe’en, yet!!), yet no one here got any packages delivered that day. Checked the whole building, nothing. And it was a notable day, so for sure someone would’ve remembered something. And nondescript pink cylinders isn’t anything that the average schmo would even know what they are, let alone what to do with them.

What was odd that it was also the only time ever (before or since) I got an email from GB asking me if I received the order and how everything went. In fact, that was my first clue that they were considered “delivered”. I checked the status, yep, “delivered”, then asked around and went on a hunt as mentioned above.

So who knows, maybe it was a known problem with the shipper that I got the followup email? No idea.

But anyway, after checking with the post office, everyone in the building, etc., and no one knew of any delivery, that’s when I opened the ticket. “Sorry, ain’t our problem, check with the shipper”, etc., so I was being squeezed in the middle. GB is blaming the shipper, the shipper was blaming me (“hey, it says delivered, so…”), and I didn’t want to eat the cost of the cells.

In the end, I got my 30Qs, ‘though I don’t recall how, as it was a loooooong time ago. I think I just ordered another 4pak on my own, and GB refunded me for the original order, but it took a bit of tooth-pulling to do it. I think I just got frustrated enough to say, “Hey, I’m having the CC reverse the charges, then you can argue with the shipper all you want”. Smile

But in the end, it worked out. Still ordered enough to let Mr Gearbest put his kids through school. Big Smile

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Lightbringer wrote:

Here in the US, it may not be law (never had to check), but it’s customary that if you order something and it doesn’t arrive, they’ll just make good anyway.

It is the law in the US. Vendor is required to deliver the product if they accept an order, with or without insurance. If the vendor requires insurance, they have to add that into the shipping cost. They can’t just make it an option. So when you read where a vendor says “not our responsibility” if the package is lost and it isn’t insured, it’s total BS. Shipping contract is between the vendor and the shipping company. The customer has no say and would not be able to file a claim anyway. The vendor has to.

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Lightbringer wrote:
Agro wrote:
Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation. Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.
Are you sure about it? I ask because it would be very surprising to have such differences in law across EU. In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

Here in the US, it may not be law (never had to check), but it’s customary that if you order something and it doesn’t arrive, they’ll just make good anyway.

My gf ordered a shirt for me from Amazon. It came just fine, but was sized a bit small (ie, XL fit more like an L). She asked the vendor if she could exchange it, and they said don’t worry, they shipped an XXL(!) for nothing, keep the XL. Holy crap! That’s awesome customer service! And it had nothing to do with Amazon’s a-to-z warranty, as this was direct to the vendor.

So I have a good shirt that fits great for wearing outside, and a kinda snug shirt that’s good for just around the house. Big Smile

One reason I get everything delivered to where I work is that there’s always someone to receive the package, and they will not just leave it outside if the place is closed. Not so at home. They’ll just leave it on the front stoop (3 steps from the sidewalk) and walk away, not even ring the bell, and good luck if some slimebag walks off with your goodies. Worse, they’ll mark it as “delivered”, so now you’d have to fight with the company being that everyone’s claiming you “received” it, but you’re telling them it never showed.

I think that’s the difference between China and the rest of the world. To keep prices low, they want to just wash their hands of any delivery issues, like, “Take it up with the post office” and the like. But again, if some idiot just leaves it on the sidewalk, walks off, but marks it as “delivered”, the shipper tries to wash their hands of it, too, and you’re stuck.


I’ve had a few orders within country lost or damaged. So far the seller always took responsibility. So I guess the custom is the same.

BTW, once I though I got troubles with a package from China marked as delivered. Delivered to a post office in a neighbouring city and several hours later picked by someone.

When I went to my post office to learn what’s up, they got my package. It had a different number. Apparently the seller sent me a tracking number for a package to someone who to live just several km away.

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I am not sure if this works overseas but i assume it would seeing as these are cards are American express and or MasterCard but they have a chargeback service. If PayPal give you the run around just charge it back. You can also open a dispute with your credit card company kind of work like PayPal dispute. Chargeback should also have a dispute resolution.

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This is how it is sometimes. Best way to make sure this doesnt happen is buy it in the store for a higher price.

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Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation. Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.

This!

Agro wrote:
In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

How’s this even technically possible?
At our local post office they told me that only person who send shipment can file a complain, etc.. It’s not like buyer have any proof of shipping, receipt, etc.
As package owner who can initiate investigation, file a claim, etc… is considered person who send shipment not the person which should receive it. At least here in Slovenia.

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Speadge wrote:
Agro wrote:
In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

How’s this even technically possible?
At our local post office they told me that only person who send shipment can file a complain, etc.. It’s not like buyer have any proof of shipping, receipt, etc.
As package owner is considered person who send shipment not the person which should receive it.


I was never in such situation, so I don’t know the technicalities involved. Actually I’m in the process of waiting for post’s response to a complaint, but that was filled by a seller. As I said, that’s how it’s normally done.
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Agro wrote:
Henk4U2 wrote:
Under Dutch law I have a contract with the seller. The seller is responsible for the items I buy, until they are in my hands. I don’t have to care about the shippers and other go-between’s the seller uses. That’s the seller’s responsability. You have paid your money, now it is up to the seller to deliver. Or come up with an acceptable compensation. Personally I’ve had never any issue with GB that ended in an unsatisfactory way. Though it may take a bit of (your) time.
Are you sure about it? I ask because it would be very surprising to have such differences in law across EU. In Poland the seller is responsible up to the point of handling the goods to the shipping company. Then the shipping company bears the responsibility. If they fail to deliver, the buyer should file a complaint against the shipper, though the seller typically does it in their name (but is not required to do so).

At the risk of stirring things up again, I would like to add some info.
Because of the date it was published, it is quite unlikely that THE law has articles about buying on the internet. But there is more than formal law. Sometimes the law requires some governement agencies to write regulations for specific purposes and situations. So the speed limit is not written down in a formal law, but in the Traffic Code (US), Highway Code (UK), or Wegenverkeersregelement (NL). And if there still is a niche that is not adequately covered, there is always jurisprudence. The latter is often “provoked” by prosecutor and defense, so the judge can close the void in the system. You can call this case law. This is often discussed and published by consumer organisations like Consumentenbond.
A bit of .oogling on Dutch sites showed me that: the seller is responsible for the safe arrival of parcels into my hands. Especially when I have no saying in the choice of the shipper. Things get a bit iffy when I demand a shipper other than proposed by the seller. However when buying from a private individual on sites like Craigslist (US-NL) or Marktplaats (NL), it is prudent to have a clear agreement on shipping and insurance.

I always think long and hard before I say something really stupid.

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Interesting, thank you.

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OP’s case is really a good case for study or thoughts.

1.OP first order with GB. (So the trust is not there yet. I can understand why GB is not willing to give full refund)
2.OP bought the insurance but not sure how much he paid for the insurance (GB should have bought the insurance, but could it be GB is just collecting the money. The terms of insurance is not clear for example what is the value it cover)
3.The amount involve is high (Even if there is trust, the amount is not what GB willing to pay)
4.The parcel arrived but with empty box (Buyer should report is the parcel been opened, should buyer reject to accept a parcel if it is been opened, what if it is opened by customs though customs would leave a note)
*5.OP’s first post at this forum and the order is not flashlight (Looks like OP trying to pressure GB through our forum, should we entertain this kind of posts and sided him as consumer even if GB has served BLF community right?)
*
I think due to no.2, Paypal will side with OP if OP goes for dispute.
But if OP has a lot of disputes of lost parcel and due to no.4, Paypal might not side OP but I am guessing here.
Trust is the key for all trading including internet trading.

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Joined: 03/01/2011 - 05:06
Posts: 901
Location: Indonesia

never had problem with Gearbest, bought many items over $100 via DHL and everything arrived as promised.

Jimmy_Chimichanga
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Joined: 12/10/2017 - 23:14
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Location: PA
DENGOH wrote:
OP’s case is really a good case for study or thoughts.

op had 0 posts here & literally registered for the express purpose of shaming gearbest.

gtfo with that shit, if you have time to register on random forums to bitch about your package, you could be filing a claim with the carrier.

gearbest offered a $50 refund on a $100 tablet, so either the subject line is dishonest or the OP is leaving out details.

Obviously gearbest isn’t shipping empty packages. I had a tablet stolen by US postal system employees, it sucks but complaining about receiving a resealed envelope led to their arrests: https://www.newsday.com/long-island/u-s-postal-service-workers-stole-ill...

G0OSE
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Joined: 09/03/2014 - 12:34
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Location: uk

We should all know by now, and sadly ‘expect’ hassle when something goes wrong with an item from a Chinese vendor.
The only way it can be controlled is to spend less – it can still go badly wrong, but it ultimately is less of a loss (if it comes to that).
Either way we have to expect all this ‘bargaining’ , personally I NEVER involve the store, I ALWAYS leave it to Paypal. I certainly NEVER get involved with talking to the vendor, all they want to do is break your resolve, rip you off or hope you just forget about it by making it as painful and drawn out as they can. There is little to be gained by ever holding any sort of dialogue with them.
Sign up to Paypal’s offer in which they pay for returns, and you will magically find they decide on ‘your’ side every time as they don’t want to foot the $100 return cost for shipping.

I think spending more than $50 at these shops is madness and it is a fact set in stone, sooner or later you will get ‘done over’ by the Chinese stores – it is simply a matter of how badly and that depends on how much you risked $ in the first place.

Most non flashlight related stuff is considerably cheaper on ebay anyway, Banggood and Gearbest have gotten very expensive for the most part unless you have a large voucher.

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