Big Dilemma...

Ok... I currently have a WTB 2 (yes 2) Mazdaspeed6 rims in the WTB section. Please read in full as here is why....

First week of February (2/4/09) I put an offer on a set of MS6 rims that had TPMS and 25% tread. That offer was accepted. I immediately pay pal'ed the seller the money. 2 days later I received a call that shipping was more than originally quoted. Against my better judgment I agreed to split the shipping difference and in minutes sent another $40. 2 days after that the rims were "shipped". The following Wed. I received 2 of the rims. Nicely shrunk wrapped together with cardboard between. I asked the UPS driver if he had the other 2 and he said "no, you will probably see them tomorrow". No biggie, not uncommon. I immediately opened the rims to take a look in excitement and immediately noticed the tires were completely shot (no tread and cuts to the sidewalls) and there was no TPMS. Again, not that big of a deal, just need to discuss it with the seller. I sent him a Text and email and he refunded me the $40 shipping overage I had paid. Not really adequate I know but whatever, we are all friends right? Well, 4 days goes by and no other set of rims shows up and one of the reference numbers supplied (no tracking #'s) didnt have any information at all. Even calling 800-pickUPS came up with nothing. Another day, no rims. I sent the seller another email. He contacted the UPS store to find that they some how put the same tracking numbers on both packages and now one of them is lost. A tracer was put out and we wait. A week goes by and nothing. Inquiring again the seller contacts them to find that there was a mistake with the tracer and they would do another. Also finds that some how only $100 was put down as value and that was all he would get back along with shipping costs. I was asked to please wait and see what comes of the next tracer (all this time nothing happens unless I ask, no sense of urgency and no immediate action is ever taken on sellers part). So, the day after I was supposed to hear back from the seller about the second tracer I call the UPS store myself to get very contradicting stories from the Manager. They obviously made a big mistake and fess up to it hoping another tracer finds them but will only refund the $100 value and shipping. Terrible... So, I demand the tracer information which he would not supply as I am not the customer. Fair enough. I contact the seller and ask him to get that information so that I can continue to help in finding these missing rims. A day later I receive a message with that information. I was unable to call that night but did the following morning. UPS gave me some run around but I got through to the Baltimore Hub (where the origin scan took place of the reference number that did ship) and they are still looking. The description they had was terrible and there was really no sense of urgency as more than two weeks has already gone by.
Now, more than 3 weeks in I am about done. I keep getting put off to a future date but never hear anything on that future date unless I ask. I finally sent an email to the seller stating that I needed a refund in full and needed to know how he wanted the two rims I did receive returned. I got a reply that I should keep the two rims, he would refund me $300 and I should try and find 2 other rims on the forum or ebay. In humor I looked on ebay to find one FULL set of rims for $1765 and no other. I also posted a WTB 2 MS6 rims in the WTB section with only responses of empathy. I can not imagine anyone having 2 sitting around that are willing to part with for $300 shipped.

Here are my thoughts If I had ordered anything from any where else and it was lost in transit I would get a full refund or a replacement part shipped. That is just how it works. I did not fill in the form for $100 value (UPS store swears that this form was filled out by seller and not their mistake), I did not pick the shipper and had nothing to do with the tracers or the lack of urgency escalating the issue appropriately in order to recover in a timely fashion. I understand that it sucks for the seller but ultimately feel that he is 100% responsible and I should not be put out at this degree for this. If I take the offer he will have made out in the end much better than I the customer who not recieved his product and is now being asked to accept that.

Thoughts?

What a ridiculous situation, sounds like the seller screwed you. I hope youve put a dispute with it on your credit card and through paypal. UPS may have misplaced the second set but if they were all shipped as one package of 2 or 4 pieces there should be no issue. That is the sellers responsibility to keep track of poor packing and shipping not yours. I wouldnt accept the deal because that just puts more of a hassle on you. I'd tell him you want your money back and send the wheels back COD.

yes i agree that the seller should be ultimately responsible and refund you what ever is owed after the $100.00 insurance from ups is paid to you. However, and this is the kicker, how are you going to get it?

Since you used a CC and paypal, you have upto 90 days to dispute it with paypal and your CC company. You can have your money back.

seller is not responsible... as a buyer of an object that required shipping you take full responsibility for the item once u buy it... sorry but u got ****** dude

cjms3, so when you buy parts from vendors on here and they lost it you would assume responsibility and loss of money once it left their facility shipped at their discretion? Sounds like you dont/havent done much business and dont understand that I am the customer and I paid for a product I never received.

cjms3 said:

seller is not responsible... as a buyer of an object that required shipping you take full responsibility for the item once u buy it... sorry but u got ****** dude

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I completely disagree with this. There is no implied rule of thumb that automatically puts the responsibility of shipping on the buyer. Unless the terms of sale state that buyer is responsible for shipping then the seller would be responsible.

The only right way to go in this situation IMO is to do a charge back on the card. Paypal is only good if the seller has money in his account, if not, they will be "recovering funds" forever. CC should refund the money relatively quickly.

Well, looks like all I am getting is $300 back. The seller is basically telling me $300 or I will never hear from him again. He is acting like none of this is his fault and has no liability for it. My biggest complaint is that he filled out the paperwork and put down $100 for claimed value when he should have put minimally the purchased value. Had he put down the purchased value everone would be happy. Oh well, last time I buy anything from a forum member any how... Everyone is hurting or desperate for cash and when something happens they are unwilling to man up and do what is right... Keep that in mind when purchasing from strangers.

Thats a real mature way to go about it. "take my deal or you will never hear from me again". I say you post the form members name.

So no hopes of filing a claim with paypal?

People like that piss me the **** off. If you sell something, it is your responsibility to make sure the buyer either gets what they paid for or gets their money back. The ONLY responsibility a buyer has in a transaction is transferring money. Everything else rests on the shoulders of the seller. Best of luck to you...I'd personally write him back and tell him that if he doesn't provide you with a full refund (or the other two wheels) then you will take legal action. He needs to provide YOU with a refund, then go after UPS to get refunded himself. That is the only legal way of doing it. Any other way is illegal on his part, including this half-ass attempt at resolving the issue.

AutoEuphoria said:

People like that piss me the **** off. If you sell something, it is your responsibility to make sure the buyer either gets what they paid for or gets their money back. The ONLY responsibility a buyer has in a transaction is transferring money. Everything else rests on the shoulders of the seller. Best of luck to you...I'd personally write him back and tell him that if he doesn't provide you with a full refund then you will take legal action. He needs to provide YOU with a refund, then go after UPS to get refunded himself. That is the only legal way of doing it. Any other way is illegal on his part, including this half-ass attempt at resolving the issue.

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+1

Was he part of this forum or another?

This forum.

You really should send an admin or moderator his info and the details of this so that we/they could investigate this fully. Don't post who it is though until the mod/admin staff has a chance to look in to this.

GoFast said:

You really should send an admin or moderator his info and the details of this so that we/they could investigate this fully. Don't post who it is though until the mod/admin staff has a chance to look in to this.

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+1

put him on the "mod's list"
they'll take care of him, like the superheroes of the forums

Yup...PM a moderator for sure. That, or post his username so we can blacklist him ourselves. That's a true dick move.

I think both parties are to blame. I believe UPS covers up to $100 for their shipments. Anything over, you have to pay extra insurance for it. If you don't pay insurance and something happens to your items, you're SOL. Split the difference.

On a different issue, the seller stated 25% tread and TPMS. If this wasn't the case, the seller should refund some of the money or accept the wheels back for a full refund.

To the OP, I'll keep an eye out for a pair of MS6 wheels. I found my set for $300. GL.

If you don't pay insurance and something happens to your items, you're SOL. Split the difference.

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Which is a part of the shipping cost, which the seller determined and the buyer agreed to. It is NOT the buyer's fault that the seller did not do a good enough job figuring out what it would cost to ship the wheels with insurance enough to cover any loss or damage.

i say ship him the wheels that you have back ( with a conf. signature ) and have the charge over turned by your cc company...let him find his wheels.