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.
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.
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.
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.
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.
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.
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.
My experience with GB disputes is 50/50. Unfortunately, they lost 2 packages, GB blaimed the shipping carrier, post office etc. They said they have no responsibility for lost packages. PPal reimbursed me for 1, the other was a loss. good thing that it was just a couple of bucks
I don’t think there is another recourse, and I don’t think Dutch law will prevail in this dispute. There are some international agreements that govern shipping responsibilities. These are set in the contract, but I don’t know what contract terms I agreed on with GB.
I would want to see a Judge Judy episode with one of the chinese seller as a defendant :sunglasses:
FYI example of 2 most commonly used agreements are FOB - once it is on the the boat or plane, the seller assumes no responsibility.
CIF - seller has responsibility to deliver goods until the destination.
On the other hand, according to a lot of news reports, there is a widespread fraud going on involving workers at shipping warehouses, delivery men, and thiefs stealing packages off doorsteps. All caught on camera, Somehow they always know exactly what’s in the package and they don’t care if getting caught.
good thing that it was just a couple of bucks