Legal Question in Business Law in California

Shipping liability (Items paid for, shipment not received)

Hello,

Some where around in May, I found an auction on ebay that is selling Saks fifth avenue gift card, but i missed the auction, so i contacted the seller if they have any more gift cards. Seller replied back and asked me to make an offer on $1000 gift card. I made an offer for $640 and seller accepted & seller offered another gift card for $1000 and i made another offer for the 2nd gift card $460, seller accepted. I requested an invoice via e-mail, which i received on May 25th (Invoice states Saks Fifth Avenue Gift Card.............amount $640

Sear's Gift Card...........amount $460

Shipping....Free

Total.......$1100

Personal check was sent to the sellers address & it was cashed and seller replied that it was clear and items were sent out (Purchased items and amount were listed on personal check memo). Seller claimed to have mail the 2 gift cards on June 19th. When i did not receive, i asked for the post office receipt, seller could not provide me with her post office receipt or did she know how she mailed it (she stated that she mailed it via regular mail no insurance offered w/ no delivery confirmation either). Seller will not offer me a full refund. How can i get my $1100 back? Isn't seller liable? Thank you.


Asked on 7/08/07, 7:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Shipping liability (Items paid for, shipment not received)

So, you've been scammed by someone for $1100 and you think you're going to get your money back? Contact eBay to report it, contact your bank, contact the police, and pray.

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Answered on 7/09/07, 4:21 pm


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