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Thread: Everyone please weigh in on this as to what to do

  1. #1
    Mill Pond Apiary Guest

    Default Everyone please weigh in on this as to what to do

    I own a honey bee business and recently decided to sell packages of honey bees on ebay. June 3 of this year I sold 200 packages through ebay. I shipped these packages through UPS which has shipped live honey bees for years. In this transit, 196 of the packages were put on a trailer and closed up, killing all 196. The 4 remaining went another route and did not go through this hub and made it to there destination with no problems.

    In my listing I state with a disclaimer that all shipments of my honey bees are shipped FOB origin, which states legally that the title to the item passes from me to the buyer when it leaves the origin ( my business).

    When the packages started to arrive at there destination 100% dead (yes UPS delivered them dead) or did not deliver them at all, lost in transit due to them having to call someone in and clean up the trailer and tossed some, buyers started the resolution process. In this process, Ebay stated that they will refund there money because, get this, they want to take care of there customers in the transaction. I can understand that, but wait, the buyer did not pay a dime to ebay to BUY they item, I paid over $1800.00 in sellers fees to sell them. So who's the customer?

    Anyway., Ups is being handled with a suit from my attorney as they also will no refund any damages even though it was clearly there negligence. Ebay found in my favor on 4-5 of these packages but found in the favor for the rest. Even though they are the same instance.

    My questions are these.
    What actions should be taken legally?
    IS there any actions that can be taken?
    and if so, what court system?
    Should the , if any, legal action be directed to ebay or paypal since both took money back out of my account, not only my paypal account but also my bank account.

    Thanks and any help would be appreciated

  2. #2
    Unregistered Guest

    Default I could use some help too!

    PayPal has coast me to loose $37,000.00 and refused to help me resolve the issue that was caused on THEIR end not being able to Process VISA Card Transactions.
    They informed me it was a glitch in their system and for over a month they have refused to return any of my calls, emails or help resolve my issues since they had come to this conclusion.

    I am investigating the steps I need to take to take out lawsuit for $37,000.00 ASAP.
    Any help in how I need to approach this would be ever so appreciated.

  3. #3
    Join Date
    Jan 2014
    Posts
    210

    Default

    Despicable, simply despicable, its repulsive some of the things Paypal does to the little man...

  4. #4
    Join Date
    Jan 2014
    Posts
    347

    Default

    What I would do is let a lawyer handle this. Paypal nor Ebay is going to help you. You failed to deliver the product so this is their only concern.

    I would also advise you to get a different shipping method. It's not right for you to just mention that the package is the responsibility of the buyer as soon as it is shipped because if you do this, you can as well just put them in a paper envelope and ship them. Take some pride in what you do and ship those creatures in a decent way. It's already sad enough that billions of honey bees die every year so don't be part of the cause.

  5. #5
    Join Date
    Jan 2014
    Posts
    25

    Default

    Pursuing legal action against PayPal might not be a great idea in this scenario, in their case they only deal with whether or not the packages detailed in the transaction arrived.

  6. #6
    Join Date
    Jan 2014
    Posts
    24

    Default

    I would definitely stick with the UPS suit.

    Paypal and Ebay have no choice but to follow standard operating procedures.

    Now if and when this is resolved you may have a case against Paypal/Ebay depending on how they handle the final resolution from their ends.

    Make sure to push for damages/amounts against UPS to cover everything needed to make you "whole" financially.

    I really hope you have a great attorney.

  7. #7
    Join Date
    Jan 2014
    Location
    Los Angeles
    Posts
    101

    Default

    I would stick to the UPS suit because they are the ones who killed your bees, not PayPal or ebay. I can see why ebay had to accept those refunds. You didn't deliver the product. You need to go after UPS.

  8. #8
    Join Date
    Jan 2014
    Location
    Canada/Mexico/USA
    Posts
    96

    Default

    I think this is a pretty tough situation.

    UPS has a pretty clear policy on shipment of live animals:

    Packages containing live animals must provide for the basic humane care and safety of the animal during transportation. Any package containing a live animal shall be considered a perishable commodity and will be accepted for transportation solely at the shipper´s risk for any damage or loss arising from the perishable nature of the item. UPS shall not be liable for any special, incidental, or consequential damages.

    They basically assume no liability for the loss of animals (which include insects). However, by shipping FOB you transferred the liability over to the buyer. The buyer is, also, responsible for purchasing any insurance for the product.

    Did UPS not deliver the animals in the proper time frame? I think that's about the only way you'll get anything from UPS.

    As for Paypal and eBay. I would question your lawyer about what can be done regarding the fact that eBay sided with you on some cases but not others. I don't know what you can do about Paypal as they adhered to the decision eBay made. However, them taking money from your bank account is a violation of their policy.

  9. #9
    Join Date
    Jan 2014
    Location
    Bay City, MI
    Posts
    83

    Default UPS, eBay, and PayPal

    If I were you I'd go after UPS, eBay, and PayPal. I'd sure UPS for not delivering your items in an acceptable way, causing you damages. I'd sue eBay for the seller's fees they charged you when they allowed the money to get refunded, meaning you didn't sell anything. I'd sue PayPal for taking the money out of your account and your bank account. It looks like you have your work cut out for you but in the end justice will prevail!

  10. #10

    Default

    Get a lawyer, Paypal and Ebay aren't gonna do anything for you. In my experience, they ignore you after the transaction is complete.

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