so it happened to me.. no options?

Discussion in 'Beer Trading Talk & Help' started by jaminjohnson, Oct 23, 2012.

  1. Franch

    Franch Advocate (575) New York Mar 22, 2011

    if he signed a contract waiving his right to pursue tort remedies...?
  2. DenverBeerDrinker

    DenverBeerDrinker Savant (440) Colorado Apr 5, 2012 Verified

    If you really feel you are out of the beer I would go there and make him empty the bottles in your sight and then ship the empty bottles. First he doesn't get the beer which you know he will do if it's not dumped in your sight and second you already paid for the shipping and you're not getting that money back. Make him do the work of shipping the box now.
  3. OneBeertoRTA

    OneBeertoRTA Advocate (665) California Jan 2, 2010 Verified Subscriber

    Since they didn't ship it, you haven't broke any laws. You also never signed a contract with Fedex. I would call the cops.
  4. JohnGalt1

    JohnGalt1 Champion (885) Idaho Aug 10, 2005 Verified

    It appears that the police aren't going to side with him. That said, I would add to my above post... by politely trying to reason with the manager one more time.... tell him the sob story I suggested and then say I want my beer back. If you pour it out, I am going to sue you in small claims court.... and I am going to win.

    Also, the above suggestion about Yelp is a good idea.
  5. cavedave

    cavedave Poobah (1,060) New York Mar 12, 2009 Verified

    Know any lawyers who owe you a favor? A phone call from an attorney can work wonders. Police hesitate to get involved in civil matters.
  6. Just going to cut my losses I guess and move on, well besides harassing him and his company via the web and telephone. Too much un needed stress today. A peice of shit will be a peice of shit I guess.
    But I have a feeling I'll see him around town some day and he wont be so cocky.
  7. cosmonick

    cosmonick Savant (330) Indiana Apr 19, 2010

    Sorry to read this OP, that sucks. I lost an incoming box to the local FedEx distribution center once. My experience was similar to yours in that the cowboy managing the facility decided he had to destroy the package and corporate backed him up. I am glad to hear that you've at least been able to sort out the trade.
  8. To save an awful lot of anguish for anybody else who would ever consider using a reseller... Fedex will pick up a box at your house for $3. It's just like a delivery, except they take it away - no driving to a shipping location, no dealing with asshole employees - just leave the box outside and they will magically grab it for you, no questions asked and no boxes opened. All you need to do is check the little "schedule a pickup" radio button on the online form when you create a new shipment. Easy as pie, and I do it for every box.

    To the OP - this probably isn't worth fighting at this point as the guy has dug his heels in and decided to be a dick, but you should go out of your way to post negative reviews of the store on Yelp/etc, file a complaint with the BBB, file a chargeback for the shipping costs if he didn't refund it, etc, etc. Also get in touch with the owner of the store (not the manager), explain the situation, and all the steps you are taking to rectify the situation. If the owner has half a brain, he's going to either bitch out the manager and/or refund your money.
  9. Yea, Luckily my bottles of Don Q and Ann dont get put in boxes for trades, just in the basement ;). They'd be a little harder to replace
  10. gn0sis

    gn0sis Savant (325) Massachusetts Dec 17, 2007 Verified

    Hopefully one of the many lawyers on BA steps up...If this is truly a hobby you care about, I think it makes sense to offer some guidance for the OP. Chalk it up as another reason to sign up for a fedex account and print labels & drop boxes/take advantage of pick-up services as mentioned above. If not, I suppose 4chan is the next best thing.
    franklinn likes this.
  11. I agree with the pick up service, I had been meaning to start doing that, just nervous about leaving packages outside of my house because its at a major intersection kind of out in the country and I am only home for 6 hours a day and that is when I sleep. Ive already had somebody break into my house and steal a bunch of beer and whiskey.
    I might just drop off and recieve out of a relatives place of buisness.
  12. Theeabyss

    Theeabyss Aficionado (190) Illinois Apr 19, 2012

    Here is the shit kicker. I am the receiving party, I also am a FedEx employee. The asshole at the shipping store gave me his account rep, I called her and her boss seeing if they could get this assclown release the package. They said they would try their best. 3 hours later I get a call from my boss wanting a email explaining what happened and that she is going to "run it by HR"

    If I lost my job I will drive my happy ass down there and it won't be pretty. Thankfully I have had two job offers in the last two days :)
    RC0032 likes this.
  13. I'm supposed no one is going after these guys on facebook.
  14. Theeabyss

    Theeabyss Aficionado (190) Illinois Apr 19, 2012

    Sadly the manager claimed to also be the owner and the FedEx rep confirmed that with me....
  15. Knownfactor

    Knownfactor Savant (330) Colorado Feb 20, 2010

    I have done trades with Theeabyss in the past with no issues shipping through Fedex authorized retailers, this is a shitty situation for the OP. whatta dick sneeze. hopefully this dude gets it full circle.
    YaKnowBrady likes this.
  16. Hanzo

    Hanzo Champion (965) Virginia Feb 27, 2012

    Not trying to tell you how to live your life, but if you are doing something blatantly against the rules, I wouldn't be asking your employer to help you get away with it.
    Kopfschuss likes this.
  17. crusian

    crusian Advocate (665) Oregon May 14, 2010 Verified

    hey OP, sorry about the hassles... just wanted to say I love your avatar. :)
    kickass movie.
    jaminjohnson likes this.
  18. Tell your credit card company to not pay fed ex since they provided you no service, at least that will put the shipping charges back in your account... I did that when they fucked up my shipping of a box and my cc company is on my side after hearing the situation i went through. And btw having them stop payment was my last resort but i had to do it.
  19. Theeabyss

    Theeabyss Aficionado (190) Illinois Apr 19, 2012

    Dont see how asking the shipping store to release a package as against the rules. The package was never in transit and FedEx Office locations and authorized ship centers are told to just release the package back to the shipper. This asshat took it one step further.
    jaminjohnson likes this.
  20. I asked since my bank is in the same building, but was told since I used my debit/credit card that I could not do so
    If I would have used my regular old visa I could have saved 17$
  21. Domeshot14

    Domeshot14 Savant (270) California Jul 10, 2011

    jaminjohnson likes this.
  22. That is a pain in the ass... I guess it was dumb luck for me in this situation that I use my credit card for everything to get the rewards points. Im sorry to hear about this shitty situation.
  23. loki993

    loki993 Savant (250) Michigan Apr 16, 2009

    Man that really sucks. Sounds like someone needs an "attitude adjustment" Is this a normal thing to avoid retailers when shipping? I recently used one and not only did they ship my package no questions asked they even let me use their computer to print out my shipping label lol.
  24. Hanzo

    Hanzo Champion (965) Virginia Feb 27, 2012

    I guess what I am saying is, unless you think your company is naive, they are going to wonder why this place held the package in the first place, and then upon finding out they did so because of a TOS infraction they'll wonder why you are trying to get this released. I'm not saying the guy isn't an asshole, I am just saying I wouldn't involve my employer in this.
  25. lvoutlawjlh

    lvoutlawjlh Savant (360) Nebraska Mar 15, 2012 Verified

    His employer was involved from the beginning. They're shipping FedEx.
    Theeabyss likes this.
  26. You absolutely can process a chargeback on a debit card so long as it has a Visa/Mastercard logo on it. (which is pretty much all nowadays) Call your bank's card services (number on the back of the card) - branch reps tend to be woefully under-informed about stuff like this, and there is a lot of consumer misunderstandings about it as well. There are other good reasons to use a credit card over a debit card, but this one shouldn't matter.

    The $17 may not seem like much, but the merchant will also get slapped with $30-$40-ish chargeback fee (varies by provider). Plus if they are that much of a jackass, they will probably waste time trying to fight it, even though they have a near-0% chance of winning.
    Steimie, nanobrew and Theeabyss like this.
  27. deadbody

    deadbody Savant (375) Minnesota May 10, 2010 Verified

    Yeah the bank issue is called a regulation E claimed. You were charged for services not rendered. Unless you processed it as a debit instead of a credit. if you didn't enter a pin number you have recourse through your bank.
  28. robinsmv

    robinsmv Initiate (0) Florida Jun 24, 2010

    Am I the only one thinking that the men seeking men section on Craigslist needs a new ad?
  29. Hanzo

    Hanzo Champion (965) Virginia Feb 27, 2012

    Right, but his only connection to the situation was he was the recipient (it likely would have never been found out that he worked for FedEx). Now he is trying to use his affiliation to get a ceased box (that violated TOS) released. I would not want my employer to know I was violating their policies, I mean would you want to get reprimanded or potentially fired over something as trivial as beer trading?
    Kopfschuss likes this.
  30. Knownfactor

    Knownfactor Savant (330) Colorado Feb 20, 2010

    All you have to say is my friend owed me a favor and he went out of his way to make up for it. I didn't know what was in the box he was sending until this issue came up. How would it EVER be abyss' fault for what someone else is sending???
  31. He doesn't even know what he signed, or what it said, so its hard to really chime in at this point without that information.

    Although, in general, to have a tortious conduct claim, you generally can't consent to the very conduct you are complaining about.
  32. Hanzo

    Hanzo Champion (965) Virginia Feb 27, 2012

    He's the recipient, that's how. Your scenario would work if his name wasn't on the box.
  33. deadbody

    deadbody Savant (375) Minnesota May 10, 2010 Verified

    Basically thats a non-issue unless his employers decide to really look into things. All he has to say is a variation of "he's a friend who knows I love beer and wanted to do something nice for me as a surprise"

    Unless his employer decides that they want to figure out a way to fire him and start looking into all the shipments he has made and received it's a non-issue.

    Now back to the M4M section of craigslist ads, this guy sounds like he needs to get laid really bad.
    jaminjohnson and robinsmv like this.
  34. What do you mean by "step up"? Guidance has been offered. The OP doesn't know whether he agreed to the dickmoves or not. Can't really do anything for him any further without that information.

    I have some electrical problems in my new house that has a cellar full of beer. I hope some BA electricians step up, if this is a hobby you care about, I think it makes sense to get er dun. . .
  35. That's assuming there is not an attempt statute in his jurisdiction. . .
  36. Hanzo

    Hanzo Champion (965) Virginia Feb 27, 2012

    Did you read this post?

  37. gn0sis

    gn0sis Savant (325) Massachusetts Dec 17, 2007 Verified

    OP needs help, pro-bono.. Seems to be an egregious abuse of power by a rogue employee acting not on the behalf of his organizations' best interests. Clearly its not worth hiring a lawyer and paying fees to make such a point (the value of the box would be eclipsed by one billable hour)..but if someone "stepped up" it would be a victory for traders rights. It would also appear that the signature "waiving his right to pick up his package even if it has not yet entered into the logistics channel" seems to have been completed under duress..
    Theeabyss likes this.
  38. I never use FedEx, so I can't speak to them, but if a UPS truck happens to be in your neighborhood making deliveries, you can just hand your box to the driver for no charge. My apartment building gets deliveries most every day, and I've shipped several packages this way.
  39. deadbody

    deadbody Savant (375) Minnesota May 10, 2010 Verified

    Yeah, but HR could very well be discussing how to handle the contractor on the other end who is refusing to release a package, and is instead potentially opening FedEx up to a lawsuit for conversion. That would be my take on it.
    gn0sis likes this.
  40. Hanzo

    Hanzo Champion (965) Virginia Feb 27, 2012

    So you are saying it is in his best interest to tell his boss a friend of him was trying to send him beer, got caught, and now wants his box back even though he signed the terms of service? Remember the cop didn't order the property be given back because of what was signed, so even though he doesn't know what exactly he signed it had to have said if contraband is found it doesn't have to be returned to the owner.
    Beerandraiderfan likes this.