Its my Turn for a problem wtih Ebay what would you do?

[Kevin_PR]

I recently purchased some plants from an ebay seller in Bulgaria. I have bought from them before and received the plants without problem. However this time the plants I ordered got confiscated by customs all 4 of them. On the item description the seller has noted that they ship worldwide. I know the dangers of buying like this and so does the seller, I risk losing the plant and the seller risk is a product paid for and undelivered.

I contacted the seller because the customs dept left me a note in the box they so carefully sealed.(I was heart broken to find a big old box with just a single sheet of paper in it saying my package has been intercepted).

According to Ebay "International Shipping - items may be subject to customs processing depending on the item's declared value. Sellers set the item's declared value and must comply with customs declaration laws."

The seller marked the package as home decorations. There was no option for a phyto-sanitary certificate.
This is the sellers response
"Hello!
In this situation, I can not help you, sometimes the plants in the United States is passed, sometimes not-I do not know why that is, U.S. buyers are always at risk, as well, and when I order a plant from Asia, and also risking their sometimes confiscated. To avoid this, it is necessary to order and buy fitosertificate and import permit, and it is sometimes worth more than the plants themselves."

Because of my ignorance I paid money and got no plants. The seller is not providing any type of help. They have no sense of responsibility to the customer. I have fulfilled my responsibility by paying in a timely manner, but they r basically saying they don't care. No replacement plants no partial refund just a big "FU" I'm sorry. It is too easy for them to walk away from this responsibility. I hate making problems but I deserve some consideration. As a business person it is what u r supposed to do always consider the customers.

I feel like opening a case against them and getting a full refund, but I would rather have the plants. I am not talking about some big honker of a plant either all of them were NBS at best.[COLOR="Silver"]

---------- Post added at 08:19 PM ---------- Previous post was at 08:09 PM ----------



This is what I wrote to the seller.
"I think an option to have the phyto-sanitary certificate should be available before the plants are shipped. Do you have more of those plants available and what would the cost for a certificate be for these plants. I feel like I just paid for nothing. Would you think it fair if I paid for a certificate and the shipping, and maybe 50% of the plants total value and you ship them to me again legally. Please note that according to Ebay "International Shipping - items may be subject to customs processing depending on the item's declared value. Sellers set the item's declared value and must comply with customs declaration laws." Which means that a certificate should be provided, and not declare the plants as a household decoration. These Items were listed as being shipped worldwide, so I feel you should take some more responsibility as a seller for listing the product as so, especially to a repeat customer. In this situation none of us are going to win, but as it is now I am the only one losing. I appreciate the service you provide and your plants are great. I am not looking to start a problem I am looking for some help and assistance right now."

[PaphMadMan]

Sorry to say, but you broke the law by trying to circumvent the importation process. The importation regulations are there for many reasons. You knew there was a risk. The vendor didn't hide the risk. The vendor did everything they said they would, and they had all the expense they would have had if you had received the plants. I don't see that you have any reasonable expectation for the vendor to do more.

[TOMMYMIAMI]

Eskevingo, I am not expert to give any decent help with orchid growing (yet), however I can give you some very professional intel! I do own package forwarding company. So, first of all, BOTH OF YOU did something wrong - seller should have never sent plants otherwise he has all necessary documentations and certificates for such a shipment - I personally did research with our main carrier, DHL, what we would have to get to ship life plants, and it is not a piece of cake. From your post I do understand that seller knows he is shipping plants illegally, and also you were aware that there are risks! You did accept this risk once you purchased from this particular seller. Your fault was to order at first place, and secondly, you, as buyer are RESPONSIBLE for ANY custom duties, fees and even the situations like this. you must know if that particular goods is acceptable to be received into your country. Seller abroad is never responsible for any packages seized by customs (otherwise he would state different, which I highly doubt). We have stated in our terms and conditions that any custom duties, fees, and custom clearing is full responsibility of our customers. If customers are not sure if they can receive particular product in their country they must contact their custom office and check. Please do understand, there are some commodities and goods that can be actually shipped outside the USA, but can not be accepted into certain countries (where other countries allow the products without any limitations). Unfortunately, in your case, you knew the risk, and took it, even knowing it is illegal. I also know that seller is protected by eBay policy because he shipped the item, and provided tracking number. eBay will always stay on sellers side in this case, as they also follow the rule that any custom seized packages are not reason for seller to refund the goods. This is not sellers fault in their eyes, as it should not be anyway. Sorry to say, but in this case, you lost plants and money! I would strongly suggest next time do not order like this, and buy from US sellers.

[Kevin_PR]

If your gonna run a business shouldn't you atleast try to make sure you can get your product delivered, before even offering the product. I see plenty of seller on Ebay that charge customers for the Phyto sanitary cert, it is not something impossible. So yes it is my fault for being an impulsive ignorant buyer, but the seller should not offer the item in the first place if they cannot provide the complete service. I did not request that the seller make an exception and deliver to me. The seller mentioned no certificate. It was simply put on EBAY for sale and said they can ship worldwide. The seller is registered as a business seller so its not a hobbyist its a nursery. They are a business who obviously wants to sell internationally, they posted in English as opposed to their native language, targeting the international community. Should they not have the option to buy a certificate. Instead they take all profit and no risk. It is a backwards world if the consumer assumes the risk for a business that is making $ off of us. Also seeing how this is a European country selling new world orchids, I'm sure they must have their own experience importing. So if you order a plant and it comes in the mail all cooked from the summer heat would you ask the seller to take action. It is a calculated risk buying from any mail order seller. Should the seller be responsible for the suns action.

Oh well guess I'm upset and not being logical. And I will reiterate that I know the risks I have bought internationally many times before. I guess its just the service industry part of me that gets upset too. Next time one of my customer sends back a dish complaining that its too spicy I'll tell them, sorry I can't change it for you. You ordered a spicy dish, why, it even says spicy on the menu, has stars *** next to it, and has chilis listed in the ingredients. Through your own ignorance you thought you can eat spicy food now you gotta live with it. If only life were that simple; well apparently it would be if I could deliver Pad Thai internationally.

[King_of_orchid_growing:)]

Ummm...

Many of us mentioned this risk on the OB already.

It is a risk. Sometimes you win, sometimes you lose.

Sorry to say it, but, oh well.

The seller does not have to be responsible for that risk.

If you're gonna roll the dice and play the game, along with the glory, you gotta feel the pain. That's just the way it is.

---------- Post added at 06:26 PM ---------- Previous post was at 06:23 PM ----------

Some sellers don't want to set up an appointment, drive themselves to the customs office, and fill out the paperwork. For some sellers, the customs office is far, and some sellers mention this.

The cost of the certificates can often cost far more than the plants themselves, so the sellers don't bother.

---------- Post added at 06:38 PM ---------- Previous post was at 06:26 PM ----------

Sometimes the law sucks, but until there's a time when enough people care enough to change this law, (and I guarantee you there most likely isn't a whole lot of people who give a rats), there's not much you can do.

[Kevin_PR]

Ok I'm calm now and posting constructively again.

[Wild Orchid]

Originally Posted by Eskevingo

Ok I'm calm now and posting constructively again.

Really sorry for the trouble you've encoutered. My very humble 2 - I wouldn't buy from Eastern Europe.
Folks there still didn't learn how to do business properly and respectfully, and often take chances. They typically do not take any responsibility when things go wrong and do not return your money. The response you've got from the seller is very typical one I'd say -AVOID!!

"Hello!
In this situation, I can not help you, sometimes the plants in the United States is passed, sometimes not-I do not know why that is, U.S. buyers are always at risk, as well, and when I order a plant from Asia, and also risking their sometimes confiscated."

[hcastil3]

Expect the unexpected... and remember life goes on .

[DavidCampen]

Originally Posted by Eskevingo

I recently purchased some plants from an ebay seller in Bulgaria.

Why would you buy from an ebay vendor in Bulgaria, were the plants so rare that you couldn't find a vendor that could ship to you from the U.S.?

[AnonYMouse]

Once authorities open and inspect a package, not much you can do. If you want a guarantee, follow the law.

I do think the phytosanitary cert requirement is antiquated tho. Pests, invasive species, and diseases travel globally and bureaucratic paperwork isn't going to stop them.