seller did NOT insure the item as i requested

[alex221187]

i bought a laptop on eBay. asked about direct payment to his paypal account, he accepted it. item price was $644.88 and shipping cost to Rep. of Moldova (where item needed to be sent) - $100. i asked him about the insurance cost, he answered total amount is $745 including shipping insurance. i sent him the payment. when the package arrived to Moldova, i received a call from the post office, staff representative told me that a package arrived for me, but when it was checked by Local Customs the content appeared to be missing. The laptop was stolen during transit. When i contacted the seller, he said that the package was not insured because i didn't pay $7. when i asked how was it possible not to insure the package when he told me by himself that insurance is included in the amount i sent him? he couldn't answer this question. in his last email he said: i don't have the laptop what can i do? seems like he doesn't understand that i don't have it either, the package was sent back to him with Customs Act, or he is just a person who cares only about his own problems. he got my money and he's happy. now it's almost 2 months since i try to get my money back. the seller doesn't even reply to my emails anymore. PayPal denied my claim, because by their Policy they are not responsible for item loss or damages, this is Postal Service's responsibility and seller has to work the things out by himself. help me with an advice who can. thanks

[surplusdealdude]

You don't need insurance - you have Paypal.

File a dispute with ebay here;

http://feedback.ebay.com/ws/eBayISAPI.dll?ResolutionCenter&cf=20

Now, the reason for the dispute in this case can be tricky.  If the seller didn't use signature confirmation for the delivery, all you need to file under is "Item not received".  That's the simplest reason, and it's literally true here.  The seller then has to show that they have a signature for the recipt of the item or you'll be refunded.

IF the seller used signature confirmation, then the reason should be "Not as described" because you bought a laptop, not an empty box.

[profdata]

So a large package made it all the way to you customs department. with out any one noticing it.

Sounds like Customes needs to put the laptop back in the package

[profdata]

Customs

[alex221187]

it's kinda late, to open a dispute in eBay Resolution Center. 45 days passed. and PayPal denied my claim because they stated that they are not responsible for item loss or damage, but as i understand by PayPal's Policy the payment is refunded for all the eBay items, and they anyway denied it. I don't know maybe i'm wrong,  i won the auction on eBay but i sent the payment directly to sellers account, not using eBay site. People told me from eBay forum, that in this case PayPal had to refund my money.

[profdata]

As long as the paymanet was marked for an ebay purchase it falls under the Paypal BPP.

Since you tried to file past the 45 day deadling, there is nothing Paypal can do.

[sandypurins]

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@alex221187 wrote:

 i won the auction on eBay but i sent the payment directly to sellers account, not using eBay site. People told me from eBay forum, that in this case PayPal had to refund my money.

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To qualify for PayPal Buyer Protection or eBay Buyer Protection, the buyer must send the payment to the seller through the eBay "Pay Now" button or the eBay invoice, and... as already posted, the buyer must file the dispute no later than 45 days after payment.

Go here...

https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/UserAgreement_full&...

to read the PayPal Buyer Protection Policy.

[surplusdealdude]

If you used a credit card to fund the transaction, call the customer service number on the back and initiate a chargeback.

[luvstampin]

You MUST watch you dates for filing disputes. You are past that 45 days so there is nothing Ebay or Paypal can do.

That is why Paypal denied your claim.

Do a chargeback if you used a credit card. If you did not then sadly you are out the funds.

Insurance only protects the SELLER. Not the buyer as many believe. If the seller had insurance this is what would have happened

1 - within 45 days you would file an INR or the seller would have refunded you if you could work that out -

2- seller/paypal refund you

3-seller uses insurance to file a claim with USPS for a refund for himself.

4- you would have had your money back and seller would have had his money back inplace of the laptop.

REMEMBER YOUR DATES for any future Ebay transactions.

[alex221187]

i filed a dispute within 45 days after payment. the seller told me that i didn't pay for insurance after the laptop was stolen. but before making the payment he told me that it includes insurance. now he refuses to refund my money, because he by his mistake didn't buy the insurance, and he is not going to give away his own money now. that's the problem. as you say insurance is for seller not for buyer, then that 's his fault, why should i pay for his mistakes? i just need my money back, because i got nothing at all, the package was sent back to him, in condition it arrived to me, but i didn't even touch it. Customs checked it and i let them send it back.