Monday, April 21, 2008

E-bay Seller Refuses to Ship Purchased Item

So, I purchased this item. But the seller is now refusing to ship it.

Why? Because I left a negative feedback on his account. The feedback:
Apr-21-08 07:56
I purchased item on Friday morning, but seller waited until Monday to ship it.

* Reply by thriftycellular (Apr-21-08 08:02):


Immediately, thriftycellular retaliated by leaving negative buyer feedback on my account:
The most unreasonable person I've met on eBay in my 6+ years! AVOID!
Seller: thriftycellular ( 11757 [Feedback score is 10,000 to 24,499] )
Apr-21-08 08:00

I also got this message from thriftycellular:
Subject: Message from eBay Member Regarding Item #300217264989
Received: Apr-21-08
From: thriftycellular

Dear Nels,

For the record, the auction clearly stated 'All items ship next business day, MONDAY-FRIDAY'. Please understand that I am human and all orders have to be processed, cleaned, tested and shipped at the same time each day. If time was of the essence, why did you bid on and pay for an item that clearly wasn't going to ship until the next business day which in this case was Monday!? That doesn't make sense! And what's worse is that you took it upon yourself to harm my reputation and hurt my feelings. A simple eBay message expressing your concern or frustration would've been much more productive then leaving nasty feedback. Again, I am human and have been known to bend rules, make exceptions and even bend over backwards for people. Now that my sales are suffering as a result of your public negativity, I have half a mind just to refund your money and refuse to do business with someone like you. I anxiously await your response and sincerely hope we can work something out. Thanks, Dusty

- thriftycellular

My reply:
Dear thriftycellular,

I understand that you are only human. I think we both understand that nobody is perfect. Since this is so, you cannot reasonably expect to retain an unblemished reputation. I have a right to make a record of your failure.

Someone who is so sensitive and defensive should not be in a business that deals with people. Your tone is unapologetic and defensive and this is unacceptable. Your indignation is inappropriate.

Clearly you had plenty of time to ship the item on Friday. If this is not the case, then you obviously need to hire more people to support your operations, or refine your business process. This is your failure.

My time is always essential to me. A simple e-mail explaining the status of the purchase right from the beginning would have prevented this whole situation. Your impersonal assembly-line style of e-baying is repugnant and tacky.

At, there is no record of the item for the shipping label. You shall complete this transaction, and ship my item forthwith.

- Nels

Dusty seemed dissatisfied with this:
Dear Nels,

This is not my failure, sir. You failed to read the auction, and for some reason you feel as though my terms and way of doing business should not apply to you. I run things the way I know how. Who are you to criticize that? My reputation speaks for itself and oddly enough, my strongest asset according to thousands of others is my quick shipping. Furthermore, how do you know whether or not I had time to ship the item on the day you paid? That's a tad presumptuous don't you think? And even if I could find time, that would've meant changing the 'assembly-line style of ebaying' which has worked very well thus far. Tell me, would you suddenly decide to make an exception out of the blue on a Friday afternoon because someone who calls themselves [Nels] purchased a $40 cell phone and NEVER contacted you? I get payments at all hours. At some point I have to stop shipping. I can't make 101 trips to the post office just because 1 more item sold AFTER I was done shipping for the day. I've dealt with tens of thousands of people personally. I have customers mailing me chocolates and almonds at Christmas. I provide an invaluable service. You don't have to sign a 2 year contract, and 1 more phone is kept off of a landfill. That is why I do what I do. If my tone is unapologetic, it is because in the 6 years I've been doing business on eBay, I have never heard of a more absurd complaint. We are both in Texas. The item would've only taken 1 day to arrive once shipped. It is not the end of the world. Not to mention it's unreasonable to think that all sellers ship the same day you pay. If I had advertised same day shipping, then your complaint would be justified, but I made no guarantees as to when the item would ship. Just as you have the right to voice your unreasonable opinion at my expense, I have the right to refuse doing business with you. Therefore, I am refunding your money and considering this transaction canceled. Please burden someone else with your irrationality.

- thriftycellular

I thought it was only fair to remind Dusty of his obligations:
Dear thriftycellular,

You only have the right to refuse to do business with me before the business is actually transacted. You have already obligated yourself to ship my item by receiving payment for it. You shall ship the item immediately.

- Nels

Undeterred, he decided to proceed:
Dear Nels,

The moment your money was returned to you, I was absolved of any responsibilities regarding this transaction. Please do not tell me what I shall or shall not do forthwith or immediately especially when you are refusing to listen to logic or reasoning. Good luck to you. Any further messages from you will be reported as harassment. Thanks and Goodbye.

- thriftycellular

My final message to Dusty:
Dear thriftycellular,

From e-bay's Seller Non-Performance Policy:
"When a seller lists an item and a buyer purchases it, the seller and buyer have entered into a contract that both members are expected to honor."

I demand that you ship my item now.

- Nels

PayPal sent me these notifications, first:
Your package will be shipped by PayPal MultiOrder Shipping with U.S. Postal Service

Thrifty Cellular used PayPal MultiOrder Shipping with U.S. Postal Service to create a shipping label for your package.

Please note: Tracking information is updated throughout the day, but most data is transmitted in the afternoon or evening. For example, if your Express Mail® package is mailed today at 10:00 a.m., you might not be able to view tracking information until the next day.

And second,
Dear Nels Nelson,

Thrifty Cellular ( has issued you a full or partial refund for your payment.

Message from merchant:
Good luck with your life. You're going to need it.
Original Payment Details
Date Payment Sent: Apr. 18, 2008
Amount: $45.98 USD

Furthermore, from's Rules for Sellers policy section:
Seller Non-performance – Sellers must honor the transaction contract. Sellers cannot fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale.

(Emphasis added.)

I'm going to contact my lawyer and file a civil suit tomorrow. Well, I guess not. Maybe I'd have a case, though, if I felt like wasting my time further.

Update: So Mr. Dusty Hagan has filed a mediation case with In Mr. Hagan's case, he demanded that I withdraw my E-Bay negative feedback for the transaction from his seller user account. I responded by filing my own case with requesting mediation. I still cannot file a report with E-Bay about his violation of the Seller Non-performance Policy yet due to their requisite 10-day waiting period.