Legal Question in Consumer Law in Indiana
I sold some tickets on Ebay to a gentlemen who was advised that the sale date was close to the event date. He selected a shipping method that I felt was not going to get them there in time so I emailed him and explained as well as asked him if he wanted to chose a different method to ship. He declined my offer. The tickets did not arrive as expected and he asked for his money back. I explained to him that there were no refunds as listed on the auction. He now has went about asking for a refund a different way by saying he never recieved his package. I did not buy tracking info but do have a receipt showing that i bought postage at the local post office and mailed the item. Ebay awarded him his money back today because I couldn't provide proof that the package was delivered. They say I am responsible for delivery. Isn't this the post offices job and how do they know he is not lying? Is this a fair practice when I provided them proof that I mailed it. I know the guy was lying and I thought that they at one time had a policy that once the package leaves the sellers hands it is no longer their responsibiliy. The reciept showed his city, state and zip on it. I lost all fees through ebay, and paypal and lost the 50.00 for the tickets I sold him. Is this legal for them and doesn't it just open doors to scammers?Any advice would be helpful. Thanks!
1 Answer from Attorneys
You need to read the user agreement with EBAY and see what procedures are available to you and whether you followed them.
For future reference and for the benefit of others who read this question, it is well worth the small charge for tracking whenever you may need to prove receipt.
Also, there is a legal presumption that the mailing took place. However, that would be a matter of filign a small claims case against the buyer.
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