Sounds more than fair to me. However, I don't think you should have
shipped before notifying the buyer that transit time for the method
chosen could be as long as 10 days when he told you he was leaving soon.
On the other hand, the buyer should have verified the transit time for
the method chosen before agreeing to it. Furthermore, buying a camera
across the pond and expecting delivery within 10 days was a bit risky on
his part to begin with.
Chuck Norcutt
Gary Teller wrote:
> I'd appreciate hearing/reading some opinions on whether or not you think my
> proposed refund offer is fair. Here's the basic facts. Let me state at
> the beginning that all correspondence has been friendly or civil-no anger
> or threats. Nor has feedback been left by either of us.
>
> 6/11/05 Auction for Olympus 35 RC and Vivitar 100 flash ended with winning
> bidder in France. Auction was clearly marked AS IS and not subject to my
> return policy. Sold AS IS because of disclosed scratches on
> lens. Otherwise in excellent working condition.
>
> 6/12/05 I sent an invoice to the winner
>
> 6/13/05 Received notice of payment from PayPal
>
> 6/13/05 Received an e mail from winner telling me payment made and that he
> is leaving France at the end of the week and would appreciate my sending
> camera asap.
>
> 6/13/05 Shipped camera and flash via insured Airmail Parcel Post. Terms of
> auction say foreign shipments go either by Air Letter Post without
> insurance or Air Parcel Post with insurance. Buyer chose the Parcel Post
> option. I e mailed buyer same day notifying that shipment made and that US
> Postal Service estimates transit time of 4-10 days.
>
> 6/21/05 Received e email from buyer asking for tracking number and telling
> me he leaves for Venezuela in three days and wants to be sure he will have
> the camera before then. I replied same day and told him tracking numbers
> are not issued for this type of shipment. I also noted that the cost for
> sending a traceable package is prohibitive for most buyers.
>
> 7/24/05 Received the following e mail from buyer:
>
> I am back from Venezuela.....without the camera. It
> arrived after my departure. At my return, I went to
> the post office and they said the camera was back to
> the sender in USA, so to you.
>
> Given that I have found an alternative to be able to
> take pictures in Venezuela, I do not need the Olympus
> anymore as you can imagine. So I do not want you to
> send it again to me, I would prefer you to pay me back
> the amount I paid to you in June.
>
> Sorry for this but the shipment has been too long.
>
> Thanks in advance for your understanding and for the
> confirmation you agree.
>
> 7/24/05 I sent the following reply:
>
> I'm sorry to learn the camera did not arrive before your departure to
> Venezuela. As I mentioned in a previous e mail, the U.S. Postal Service
> does not guarantee a specific transit time for packages mailed to other
> countries. It is unfortunate that I was not made aware of your pending
> departure until after you won the auction.
>
> I am puzzled why your Postal Service returned the package. Do you not have
> in France a provision to have the postal authorities hold your mail until
> your return?
>
> As of today, July 25, the camera has not yet been returned to me. As you
> know from the terms of the auction, the camera was sold "AS IS" and not
> subject to my normal return policy. However, I will offer you some form of
> refund adjustment. But, I would like to receive and inspect the camera
> before advising you of my refund offer.
>
> I hope this meets with your approval for the time being. I will notify you
> immediately upon my receipt of the camera.
>
> After 7/24 we exchanged a short series of e mails the gist of which was my
> telling the buyer that the camera has not yet been received and the buyer
> telling me his post office advised him the camera was returned by surface
> mail.
>
> Today, 8/26/05, the camera finally came home. Everything looks ok-I don't
> think the package was ever opened by Customs/Postal folks there or
> here. The buyer paid $51.00 plus $22.60 postage/insurance for a total of
> $73.60. My eBay and PayPal fees totalled $5.55. I didn't have to pay
> return postage.
>
> Given that this was an AS IS sale and the fact that I wasn't made aware
> upfront that there was a time limit for the buyer to receive the package,
> my inclination is to subtract the fees and postage/insurance from the total
> amount the buyer paid and offer him a refund of $45.45.
>
> So what do y'all think? Am I being fair and reasonable? Sorry for the
> long winded post.
>
> Gary
>
>
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