Yes.....I would state the facts in feedback. I question why she says she has a lot of thefts of her products. As a seller, I had a very small percentage of things go missing and I always replaced them. Most of my packages travelled to other countries too and didn't go missing. I'm finding that a lot of sellers say that they are not responsible for lost packages, but how do we know that they actually sent them in the first place if there is no delivery confirmation. It is an easy out for them. I would insist that she refund you some of the money if she is only sending two.

Even if she didn't get delivery confirmation or insurance she should have the post office receipt that will state where she sent packages to. IF she could send you the receipt with the zipcode of your city on it - I'd let the matter go. Otherwise I would fill out the "item not received" form on eBay.

I always keep my receipts. If nothing else I can prove I sent a package to the right city on the right day! lol

Tell her you'd like to see a copy of her receipt to the post. Or is she saying she had her local mailman take it to the post office...?? Which is NOT a good idea.

If she can't come up with a receipt I'd report her.

patti

I would not email her again, but go and file item not received. If she cannot provide a delivery confirmation number, she will have to refund you. Don't do anything about feedback yet, there is plenty of time for that. I would not allow her to send me 2 items when you paid for 3. I think she is trying to pull a fast one. She very likely never mailed it at all.

Insurance doesn't help. I ordered a blender and paid for the insurance. The blender never arrived, but when the seller and I checked with the P.O., they said they left it on the front porch and have a bar code record of exactly what day and what time it was left. Well, I never got it, so possibly it was stolen from the porch, but I've never had anything like that happen in 30 years.

So, insurance doesn't help because they had a record of delivering it. I guess insurance helps if the merchandise was damaged in transit.

She gave me a tracking number...but all it tells me is that she electronically filed with them to send a package...not where it was sent to...or if it was even sent.It says that the tracking number doesn't mean they received the package. I will never bid one her auctions again......here's the auction I won...She emailed me again and wants to know if I will accept her offer,she said she's not worried about me going to ebay or paypal because she has the tracking number....Only thing is the tracking number tells me NOTHING!! She's making me mad! LOL!

Here is a link that might be useful: Ebay

I have no other advice about this but do have a warning.
I bough some cosmetics from a lady a couple of years ago.E-mailed her back and forth a couple of times during the auction about how old it was,etc.She assured me that
it was no more than a few months old.Stuff that she had gotten from HSN and never used,never opened.Well I know better than to do that again!LOL Some of the stuff was so old it had changed consistency and color.I have used this brand of products before and have some items that are a couple of years old and have been opened and they don't look like some of the stuff she sent me!LOL Some of it even smelled bad.Most weren't opened but still,unusable.The price wasn't bad but I still lost money that I could probably have bought the things I needed for about the same from HSN.Oh well,live and learn!LOL
By the way,I think she is trying to put one over on you.
I won an auction for a large lot of gourds about 3 years ago.The lady didn't notify me that they had been shipped so I e-mailed her to see when she planned to ship them.She
said she was in the middle of renovations on her home and had "forgotten" to ship them,but would go to the PO next day and get them out.I waited and waited and waited for them to arrive and they never did.Corresponded with the lady many times and she finally sent another box,all the time swearing that she sent the first box.She got a little irate a couple of times,kind of insinuating that I was lying to her about not getting them.The ones I finally got were not even near the quality of the first ones that I won and by that time it was too late to do the things I had planned for them.I don't know,and will never know for sure,maybe they did get lost in the mail or were damaged beyond recognition during shipment,but it sounded pretty fishy to me.I paid for the insurance on them,but obviously that didn't make any difference.I keep thinking one of these days they may show up on my door step,and I don't even need them now!LOL

I just wanted to add that I almost always ship packages through my mailbox rather than the Post Office, but the next day the mailman always leaves me a receipt with the destinations printed on it. One of our local Post Offices won't do this. They just hand over a generic receipt with no destinations. So even if the seller gave your package to the mailman, it's still possible she got a receipt for it.

Her statement of "she's not worried about me going to ebay or paypal because she has the tracking number.." means nothing unless she can PROVE your items were delivered.

Her tracking number will not hold up through Ebay or Pay Pal unless it shows on the Delivery Confirmation details "delivered on XX/XX/XXXX at XX:XX time."

If you file a claim through Pay Pal and win you will get your bid win and shipping refunded.

A few comments on what others have posted...

"The blender never arrived, but when the seller and I checked with the P.O., they said they left it on the front porch and have a bar code record of exactly what day and what time it was left."

"Her tracking number will not hold up through Ebay or Pay Pal unless it shows on the Delivery Confirmation details 'delivered on XX/XX/XXXX at XX:XX time.'"

A year or so ago I was expecting a delivery for which I had a tracking number. I had checked on it one day and found that it was expected to be delivered the next day. So, the next day when I got home from work I expected the package to be there. It wasn't. I went online to check the tracking to find out what happened, and the United States Post Office tracking showed that the package had been delivered that afternoon. It even showed a specific time.

The next morning I stopped at the Post Office on my way in to work and asked what the heck was going on, because I had not received the package, and it would be difficult for me to place a claim with the sender since the tracking showed it had been delivered.

Turned out the idiot delivery guy scanned the tracking tag when he got to our house. He took it back to the Post Office and didn't put it where they're supposed to put packages that couldn't be delivered for one reason or another. It took the counter guy 35 minutes to find the dang package. So just because a tracking receipt shows that the item has been delivered doesn't necessarily make it so.

"If you file a claim through Pay Pal and win you will get your bid win and shipping refunded."

Not always. Several months ago I won an auction on eBay for a makeup item that was advertised as being new and unopened. I paid through PayPal with a cash transfer from my checking account. Took an inordinately long time to receive the item, and when I opened it I found that the item was not brand new. The container has been opened, the seal broken, and some product removed (it's a powder).

I sent a message through eBay to the sender. No response.

I sent a second message to the sender through eBay. No response.

I sent a third message to the sender through eBay. No response.

I filed a claim with PayPal.

The seller responded to the PayPal complaint by saying, "send it back and I'll send you another one." That wasn't good enough for me, because I had a real concern that if I said OK and accepted that as a resolution, that she'd never send the replacement product, or that, if she did, it would also be a not-new product.

So, I replied to the PayPal thing, but she didn't respond.

I posted another comment to the PayPal thing, but she didn't respond to that, either.

PayPal's decision was that I had to return the product to the seller; that I would have to bear the cost of shipping it back to her; and that they would "make an attempt" to recover the cost of the item from her PayPal account, but they would make no guarantee that they would be able to recover ANY of it, much less the full price.

Now, that didn't seem too great to me. I paid a specific price for a specific product. I had to pay extra to have it shipped to me. PayPal wanted me to pay to send it back to her with no guarantee that I would receive even one cent back from them? Uh - no.

eBay is based in California, and what some sellers may not realize is that when they sell on eBay, and especially when they sell to someone in California, they are governed by the laws of the State of California. California has a nifty little law -- Code of Civil Procedure Section 1770. She violated that.

I have her home address in Chicago because it was on the correspondence from her/eBay to me when I won the auction. I have relatives who live in Chicago, and others who live within half an hour of Chicago. One of these days she will be greatly surprised to be served a Summons and Complaint filed in a California court.

And there's no way she can possibly win the lawsuit. And CCP Section 1770 entitles me to triple damages.

CR, tell her to send you the 2 tubes AND 1/3 of the money back. That might be the only way you'll get satisfaction.

I'm still waiting for an Ebay package that was mailed on Dec 10, picked up from her home. I have a tracking number but there's no info on it. I'm lucky, my seller has offered to either reship or refund. I always buy delivery confirmation when I ship, but not always insurance. I'm not going to pay $1.65 on a $6 item, for that small an amount, I'll risk it.

Your lady's claim that her packages get opened and rewrapped smells fishy to me. Sounds like she is setting every potential buyer up to the possibility that they won't get what they bought.

Well CR, her feedback is 99.9% positive and the one negative is over six months old.

I don't see any reason to assume she's a con artist.

This may have something to do with the fact that she mailed it the day before Christmas.

I bought and paid for something on December 12th and I got it January 4th! The seller sent me a photoscan of the post office receipt - I could see she had sent it, but I started to worry when it took so long.

Paypal allows you 60 days to file a complaint. I'd accept her 2 replacement tubes and tell her that you'll wait a while longer. If your purchase doesn't arrive say, within 45 days, you can still file a complaint with Ebay for a partial refund.

I forgot to add, that if the 3 original tubes show up, I'd offer to pay for the extra 2. To be fair.

Oh Tally...if the other 3 show up,I will definately pay for them! I would just divide what I paid by 3 and then send her the amount for 2.
I don't want to rip the lady off,but I don't want ripped off either.I figure if it was ME selling a low dollar item and someone didn't get it,I would take the loss and send them another.I wouldn't risk bad feedback for 8 dollars.
The thing that's making me mad is she acts like she's doing me a great favor by sending me a PARTIAL auction win.
Here's her last email to me,I copied and Pasted it directly from the email....
Dear chubbyrat1,

I packed 3 lip plumpers, printed a packing slip & label and MAILED them. I am sorry you are having a bad experience with me but if you do not believe I did my part by shipping within 24 hour and are not going to be happy with 2, file with paypal. You need to realize I am the one that will be out money for 2 more plus shipping them AGAIN. I thought I was being very decent by offering these.

She's being decent??? I bid on her auction in good faith....and paid within minutes....I thought I was pretty decent too!

CR, I can only tell you from my experience that my first thought was that my seller had ripped me off. And it wasn't the case. She did mail it. So who's fault was it?

If the parcel did get lost in the mail, I would have suggested we split the difference because it was no more her fault than mine. However I make it a point to always buy insurance, even on low dollar items, because the truth is if a seller honestly fulfilled his part of the bargain, the fault lies with the carrier and THEY are the ones who should pay. The post office could have cared less that I paid within 5 minutes of winning.

I also find that tracking numbers with the post office are pretty useless because they generally don't update on line until you're actually holding the parcel in your hands. That's a big help :(

Given that paypal and Ebay allow 60 days to file a dispute (for good reason), I would have given her the benefit of the doubt and waited longer. 21 days is what it took to get my parcel. There are 2 additional non-working days for Christmas and New Years. Yeah, it's a wait but not unexplainable.

Anyway, that's my take on it. For myself personally, I would have really felt badly if I had made a big stink with Paypal filing a dispute over my tardy package only to have the item show up on my doorstep.

This is what I would do:
The US Postal Service struggles during the holidays, which could/probably be the reason for the delay.
I wouldn't take her up on the 'pay for three and get two' offer. Rather, I would tell her I would wait another week (nearly a month since the auction closed) and if the package hasn't arrived you will file a dispute with paypal. Then let paypal sort it out with her.

She claims in her description that she's had problems with packages but her feedback does not reflect such problems.
This I find a little strange.

I know that sounds like a long to wait but it will show to paypal you have gone beyond reasonable in the deal. Save all your electronic correspondence with her too in case ebay gets involved.

Good luck!

Lori

At first I thought she was scamming you....BUT after seeing her good feedback AND THAT SHE HAS ALREADY LEFT POSITIVE FEEDBACK FOR YOU, I'm clueless.....maybe it DID get lost.

Granted it may have gotten lost....now it's down to her attitude about it. So....just because she may have sent it...and it may have gotten lost,I just eat the loss and go on about my business? I actually didn't know she had already left feedback,I hardly ever check mine.Still....I didn't win and pay for feedback. Feedback for me doesn't mean anything to me.I don't sell so I don't care if they leave any or not.Well,I care if they leave BAD feedback but I don't care if they don't leave any at all.
I told her I will take the 2,because yes,she MAY have sent it.This will be over with then,with no bad feedback from either one.BUT,I will never bid on another of her auctions.I don't like her attitude of...well,I paid for a label and sent it,so tough on you....
I feel it's her responsibility as an ebay seller to make sure the winner gets what they paid for.

I absolutely agree with you Chubby_rat. It is her responsibility to get it to you and it is her loss as she has lost a customer forever. Also if she is having an attitude toward you, that never helps. Your seller has not handled it well at all in my opinion.

"I feel it's her responsibility as an ebay seller to make sure the winner gets what they paid for." EXACTLY!!!

I wouldn't have agreed to accept 2 instead of the 3 you paid for. In the event a dispute were to be filed, it's her word against yours and since you received a "make-up" package for the one she claims got lost, she can say she sent 3 and you have no way to dispute her statement because likely the package weight would not be different with one item less.

We're not talking big bucks here, but it's the principal of the thing. You didn't get what you paid for. Accepting packages with less than you've bought is a good way to get burned badly and lose big $$$$. If this should happen again and you suspect the package contents aren't what they should be, either open the package with your mailman as a witness or carry it to the P.O. to open it in front of a postal employee.

The above is especially important for sellers when a difficult buyer is returning an item for a refund. Sometimes the package contains a similar item, but in damaged condition in order to perpetuate a scam.

This seller would never win a dispute because she didn't get DC on the package. If you were a shady buyer, out to cheat her, (and they are out there, ready to pounce) seeing your package didn't have a DC on it would give you the opportunity to collect on the seller's mistake.

Telling buyers they have to pay for insurance still won't help this seller if she doesn't have DC on her packages. She will have to refund if a dispute is filed.

I've sent stuff that never got to a person, and I always sent more if I had it. It wasn't something I sold, but something I traded for, and even though I had to pay to send it twice, it was better than having them think I was scamming them.

If I had a business selling things, I would definitely either refund them or send another (if possible...with Ebay, you may only have one). It's business, after all. One problem with Ebay is that a lot of people don't think of it as a business transaction, especially if they're just selling things they don't want anymore. They just want some extra cash, and don't wnat to have to refund anyone.

I've never had a bad purchase with ebay, but I had a bad one with Amazon, and ended up with two books, and I had ordered the wrong book in the first place!