FS: Others Garage Sale - Lots of items for sale - will be added every few days

[buzz88]

This transaction has unreasonable terms and no terms and conditions can hold up in court if they are extremely lopsided which they are in this case. It is good that you are not scared of court threats. But I didn’t threaten you.

You know that the buyer did nothing wrong and he is out the full amount for your mistake of insufficient packaging. I think you are choosing the right direction by offering half the refund. You can move a little forward as remember that the buyer didn’t even touch the package.

I don’t think anything should be cleaned from this thread as the prospective buyers should know how you deal with any issues. Moreover people should stop buying from such sellers who put such lopsided conditions such as those who are upvoting your comment.

If a parcel is damaged in transit, the damage should be borne equally by both parties, right? One of those parties did not agree with that and stated that clearly. The other party knowing this, and knowing that they alone will bear the damage, went ahead with the deal? So who should suffer the damage, I wonder!

Why are you berating the seller alone in this case? Your choice of words is sympathetic for the buyer's loss but simply ignores the seller's loss. Here, the seller is willing to bear half the loss even though they did not agree with it on the onset. Whose fault is it if they were happy with the item remaining unsold but now are out of an item and also have to shell out money from their own pocket?

And that brings us to the shipping/packaging part. Your argument is that the buyer has not even touched it, but the seller is responsible for packaging. Agreed. But suppose there is a way to ensure 100% safety of the package as a packager, is there any guarantee that Indian shippers won't damage the package still? No matter how good you are at packaging, there is always a possibility that someone else is going to ruin it for you along the way. Who bears the blame in that case? It's hard to get them (shipping agencies) to accept their fault and get compensation/refunds. Ideally, both parties should bear damages in such cases. But most sellers do not want to take that risk and hence want to sell local if possible. There is nothing wrong with that.

It's completely fair and wise to avoid dealing with such sellers if you are not ready to take the risks. Neither party is doing anything wrong here. If you can't reach a mutually beneficial deal, it is better not to deal at all. I have let go of good deals because I wasn't sure if shipping some delicate items at my risk was a good idea, I'm sure other people have done the same too.

I bought two hard disks from the OP of this post in this same thread, and as a buyer, I was not ready to bear the risk, so I confirmed with him if he would refund for Dead-On-Arrival items and he agreed graciously. My disks came unharmed and we exchanged positive feedback. As a responsible buyer, we should do our due diligence and ensure our money's safety. If you can't negotiate terms in your favour, you should not be buying. If the seller categorically tells you they won't share the risk, you should not be buying. The seller is not forcing the deal on you. Just don't go about buying stuff after agreeing to someone's terms and then cry about unfair terms and legalities.

 

[codwapeace]

Why are you berating the seller alone in this case? Your choice of words is sympathetic for the buyer's loss but simply ignores the seller's loss. Here, the seller is willing to bear half the loss even though they did not agree with it on the onset. Whose fault is it if they were happy with the item remaining unsold but now are out of an item and also have to shell out money from their own pocket?

If you read my reply you will see that I have said the buyers should stop buying from such sellers.
In a previous thread I have called such buyers desperate or fools and have called such sellers unscrupulous for taking advantage of desperates and fools.

 

[tech.monk]

OP is getting free bumps; @puns @Crazy_Eddy please help with the clean up of this thread

 

[codwapeace]

@puns @Crazy_Eddy I don’t think that putting full responsibility on the buyer should be encouraged. I think there should be a mandatory link to this thread in every thread where such conditions are put so that everyone who wants to deal with such sellers will know what can and will happen to them.

I just wish that no one buys from such sellers so that they can cheat gullible people elsewhere.

 

[JMak]

@puns @Crazy_Eddy I don’t think that putting full responsibility on the buyer should be encouraged. I think there should be a mandatory link to this thread in every thread where such conditions are put so that everyone who wants to deal with such sellers will know what can and will happen to them.

I just wish that no one buys from such sellers so that they can cheat gullible people elsewhere.

Its good on part of the seller that he is taking half the damages and he can't do anything else on his part really, the buyer has to understand that all the blame can't be put on the seller for so thing allegedly done by the courier.. In this case the buyer has already said he can take the full damage as well..

About the guidelines for future deals for everyone.
I agree, people buy stuff in good faith and always think positive about the deal (that's what I do and think) , there are far too many variables here that can go wrong for the buyer, just a disclaimer doesn't make it binding when you have chosen to pack yourself (good or bad) choose kind of shipping yourself, choose to not make a packing video... No insurance etc...

I would urge the staff to formulate guidelines for future deals to protect botye the buyer and the seller...

 

[tech.monk]

they can cheat gullible people elsewhere.

this is blown way out of proportion. I know seller very well - in fact I have bought so many items from him either here on TE or offline. If he intends to cheating - why someone would even agree to refund partially for the broken monitor.

I have dealt with @Zino as well. In my opinion - both are decent guys and this one is just one unfortunate event.

 

[buzz88]

@puns @Crazy_Eddy I don’t think that putting full responsibility on the buyer should be encouraged. I think there should be a mandatory link to this thread in every thread where such conditions are put so that everyone who wants to deal with such sellers will know what can and will happen to them.

I just wish that no one buys from such sellers so that they can cheat gullible people elsewhere.

Mate, sorry to say, you sound like typical Indian Aunties (Or Karens these days) who have too much free time to poke their noses in other people's business.

If two adults of sound mind are entering a transaction willingly in an open forum, who are you to call them fools or unscrupulous? Who voted and made you the king of TE or any other place?
If they broke any rules of TE, the mods will take action. If they broke any laws, the victim can take legal recourse and there will be consequences. Nothing of THIS sort has happened here.

If you are calling people cheat and unscrupulous here, prove it. Your own definition of cheating holds no value here.

@Mods, is this kind of name-calling allowed here? Should this person not get a warning at least?

 

[aasimenator]

@codwapeace I would recommend that you refrain from calling sellers or anyone cheaters or unscrupulous and the buyers fools.
people here have reputations, @Zino has the best of them, right? how can you say that he was desperate or a fool that he decided to buy something from the forum?
or even call me a cheat, when 99% of the items I've sold were without any shipping terms, in fact for most of them I included free shipping, I never once told the buyer that shipping is their concern or that I have no responsibility there. I was afraid of something like this happening as the Monitors are delicate items and I wanted to protect myself and that is the only reason I put it in my post and ONLY in that post, none of my other posts have such restrictions.
I have zero qualms with anyone here, the only reason I proceeded with the sale with Zino was because I thought it would help me sell other items as well to him. This is a Tech forum, no one here is gullible, some have more knowledge than others but gullible fools they are NOT!

 

[Pyception]

Our total amount was 18500/-
- Amazon Echo = Rs. 1500/-
Both Monitor = Rs. 17000/-
Full refund for working Monitor = Rs. 8500/-
Partial refund for dead monitor = Rs. 4250/-
Total Refund = Rs. 12750/-

Think about it and let me know.
@Mods please clean up the thread after so I can proceed with my sales thread.

I think this is best outcome for both party.

 

[tapankunu]

both the parties bore losses so they must be going through a tough time. requesting everyone not to drag this case further. both the parties should come together and try to get the amount from the courier company. it is not your fault guys. buyer wanted the product to be shipped with the obvious risk associated with it and the seller knew the same so he packed it accordingly. seller didn't want the product to be reached at a damaged condition which ll forcefully drag him in to a tensed situation. please don't blame him for the packaging part. buyer also didn't get the product but paid the loss amount. my condolences for both of you. please try to get the full amount from that courier company.

 

[greenhorn]

Personally I think sellers need to start being graphic about consequences of "shipping at sellers risk", and start posting pictures for stuff damaged by couriers in FS threads just like they do on cigarette boxes to make buyers and third parties who do not have the capability to read and understand simple English. It's sad that none of us are focusing on the real villain in this story, the courier agency, and trying to push blame on the seller vs buyer. I understand some of you keyboard warriors are filled with righteous anger, but if you can't provide a way to get money out of the couriers yourself, at least stop trying to make fall guys out of the innocent bystanders.

 

[Zino]

LOL ! please people!

what part of i let go of all the money to seller.....people didn't understood.! i am not asking a penny back.

let this deal be a benchmark on how to deal in such situation. lesson learnt. Irony i have one of the most number of deals here. there have been big monitors shipped to me in past without a single negative feedback. i have shipped laptops to places as far as odisa to manipur to kerala.

about the responsibility.
1. it didnt even reach me.
2. everybody can make out the parcel was shoddily packed.
3. even if it was packed shoddily, it had reached me... i would gave got every penny out of the shipping company.

Thanks for all the inputs.

PS: about partial refund offer... Hmm!.

i ask people here what should i do . let me know the inputs.

 

[Pyception]

LOL ! please people!

what part of i let go of all the money to seller.....people didn't understood.! i am not asking a penny back.

let this deal be a benchmark on how to deal in such situation. lesson learnt. Irony i have one of the most number of deals here. there have been big monitors shipped to me in past without a single negative feedback. i have shipped laptops to places as far as odisa to manipur to kerala.

about the responsibility.
1. it didnt even reach me.
2. everybody can make out the parcel was shoddily packed.
3. even if it was packed shoddily, it had reached me... i would gave got every penny out of the shipping company.

Thanks for all the inputs.

PS: about partial refund offer... Hmm!.

i ask people here what should i do . let me know the inputs.

What makes you entitled for 100% refund? - bcoz parcel didn't reached at your location?
At least for this case seller is entitled for not giving you a single penny by putting the condition and notes about shipping and risk. You've accepted the risk, NO one forced you to buy monitor.

 

[Zino]

What makes you entitled for 100% refund? - bcoz parcel didn't reached at your location?
At least for this case seller is entitled for not giving you a single penny by putting the condition and notes about shipping and risk. You've accepted the risk, NO one forced you to buy monitor.

just because i accepted the risk doesn't mean, kaise bhi pack karke bhejega.

and yes i didnt even saw the package. it didnt even reach my city. he clearly mentioned 17k as the value of product. so i would have got the refund out of consumer court, plus legal fees. what part of this did you miss. above!!

 

[Pyception]

just because i accepted the risk doesn't mean, kaise bhi pack karke bhejega.

and yes i didnt even saw the package. it didnt even reach my city. he clearly mentioned 17k as the value of product. so i would have got the refund out of consumer court, plus legal fees.

My sentiments is with you but I (most of the TE member) also think seller have done everything right (by offering the partial refund). So my suggestion would ve take this refund and move on. Life bahut bari hai bhai and @aasimenator is a good guy and don't think he have any ill intent or done lousy packing etc.
Think about it again. Rest is your call to make peace.

 

[Tobikage]

PS: about partial refund offer... Hmm!.

i ask people here what should i do . let me know the inputs.

what part of i let go of all the money to seller.....people didn't understood.! i am not asking a penny back.

Which one is it ?

So is your decision to accept or reject the terms of the partial refund based on people's opinions ?

If yes,
Might as well move this to a separate thread and add a poll for good measure.

If not,
Then make up your mind if you want the partial refund or not and deal with the partial loss on both sides.
Else... you're just asking for more drama asking for "inputs"

You accepted the terms and the risk that went along with it despite the warnings to avoid shipping.

Even if it was in heat of the moment ,
Could've done better than this....
"I don't have the highest score for a reason"
"I'm influential and have my own lawyer"
"Or keep it. You will need it for yourself "

 

[Ir0nMerc]

If seller clearly mentioned the terms before and buyer accepted it then I am not sure where is the problem.

After reading this, I would say it's more than generous of seller to bear half the cost of damaged items in this case. @Zino you should take it. IMO it's reasonable.

 

[SamuraiGaming]

I think its the sellers fault for not opening the package while receiving.

This is where things got wrong, whenever you receive a package always take a video of unboxing either by you, your friends or family. This applies to both buyer and seller.

If you think just shipping the package is where your responsibility ends then you need to be responsible when it comes back to your doorstep.

In Situations where risk is on buyer, make sure to pack with bubble wrap and plastic film which are very cheap and cost max 500/- which you can ask the buyer to pay. If they don't agree smartly add it before hand in the post .

Shiprocket couriers are business/e-commerce delivery agencies that have very specific clauses to ensure they are least responsible for damages. Not that they are evil it's just how B2B/B2C services work. We are not businesses and nor do we have extra stock of stuff so be careful while sending and receiving.

Also, all this bickering/name calling/sympathizing is very patronizing and childish. All of us are adults here (I hope lol). Having a digital brawl is a literal waste of time.

Have a clear sense of the risks involved and ask questions before making any deal. Most of the sellers are happy to answer them and ready to work out a deal. Buyers please don't be in a rush to buy stuff and take your time. This is not Amazon or Flipkart where they assure replacements and stuff.

Thanks for coming to my TED Talk.

 

[enthusiast29]

This is where things got wrong, whenever you receive a package always take a video of unboxing either by you, your friends or family. This applies to both buyer and seller.

It's not 100% foolproof. You know what an unboxing video doesn't prove? It doesn't prove that the package was handed to you by the courier person in the exact condition it is in the video.
A person with malicious intent could destroy the package after receiving and then make an unboxing video.

Not saying anyone does that here, just pointing out a possible scenario.

 

[SamuraiGaming]

It's not 100% foolproof. You know what an unboxing video doesn't prove? It doesn't prove that the package was handed to you by the courier person in the exact condition it is in the video.
A person with malicious intent could destroy the package after receiving and then make an unboxing video.

Not saying anyone does that here, just pointing out a possible scenario.

THERE ARE LITRALLY 1000 SCENARIOS OF WHAT CAN HAPPEN.

That being said be smart and start filming from doorstep/take a photo pre-delivery. If you think everyone is evil and if they don't do what you told them to it's not your responsibility.

Also I'm not screaming but stating the obvious.