Bad Trader - mendvicdog

Discussion in 'Bad Traders' started by nolinenowait, May 11, 2016.

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  1. jrnyc

    jrnyc Grand Pooh-Bah (3,012) Mar 21, 2010 New York
    Pooh-Bah Trader

    I think the proof lies in the pudding on this one, would love to see the beer mails, that would make it very clear to all of us where the fault is here.
     
  2. mythaeus

    mythaeus Pooh-Bah (2,074) Jul 22, 2013 Pennsylvania
    Pooh-Bah Trader

    I was just about to zoom into the same phrase @NiceBeerCans addressed as well so I won't emphasize the communication point, but...

    It seems to me that he did not want the IP option, added to the fact that the first friend couldn't help you (and not sure if you clearly communicated to him that you are trying to find other friends who can), it really should be his preference on how the replacements could be done, not yours. UPS shipping should have been used right away at this point. Was that option suggested? It's pretty much common knowledge that you shouldn't ship FedEx to VT. I do think that he could've been better in emphasizing his preference without threatening negative feedback, though. He also said that he gave you the option of just pay money for the cost of the beer + his shipping cost. This route would've been a no-brainer for me, though that depends on your financial situation.
     
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  3. KingforaDay

    KingforaDay Pooh-Bah (2,445) Aug 5, 2010 New Jersey
    Pooh-Bah Trader

    I really don't understand. The OP stated he would accept a c & s for $$ he was out and that would be the end of it. If @mendvicdog is worried about shipping again, is waiting on friends to hand deliver when he doesn't know when they can do that, can't get the original beers agreed on, and both parties can't seem to agree on fair replacements, isn't writing a check the best and easiest solution to this problem?
     
    #23 KingforaDay, May 12, 2016
    Last edited: May 12, 2016
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  4. Yabu

    Yabu Savant (1,150) Feb 4, 2015 California
    Trader

    Yes, I think it's reasonable to wait a few weeks. If I was on the other end, yes I would definitely wait to ensure safety of beer. Assuming - the OP didn't need the beers for a special event? And communication is satisfactory.

    I'm sure you would also compensate him for an extra beer or two for waiting longer.

    Anyways, I hope it works out overall!
     
  5. mendvicdog

    mendvicdog Initiate (0) Sep 1, 2006 Maryland

    Just to clear some things up.

    I said my communication could have been better. Not that I think it was insufficient.

    I didn't see the message about just paying him for the beer before he left bad feedback. If I had seen that message, I certainly would have discussed it further with him. In my discussions with him currently I offered to pay for the beer or get him the bottles via hand off or delivery. He said he preferred the bottles, which I understand.

    My plan was to ship UPS if I couldn't deliver them to him. We had discussed this.
     
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  6. Dicers

    Dicers Grand Pooh-Bah (3,436) Sep 2, 2012 California
    Society Pooh-Bah Trader

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  7. John_M

    John_M Grand High Pooh-Bah (6,849) Oct 25, 2003 Washington
    Mod Team Society Pooh-Bah Trader

    Don't mean to get in the middle of this discussion, but this comment, I thought, merited a comment or two.

    It's illegal to ship alcohol via USPS. It's not illegal to ship alcohol via UPS or FedEx, and wineries and properly licensed retail stores do it all the time. That being said, it's my understanding that it's the policy of UPS and FedEx not to allow private citizens to ship alcohol, based on their interpretation of certain state laws (for instance, I was told that the State of Oregon allows citizens to ship alcohol to other citizens within the state, but they can't ship it to someone residing outside the state. At least that's what I was told by UPS some year's back. I was further advised that despite the provision allowing shipment within the state, to be on the safe side, they had decided to completely disallow the transportation of alcohol, consistent with the company policy on the issue.)

    Of course it's certainly within their right to limit the shipment of certain items they may perceive as dangerous, toxic, etc., and I agree they (arguably) have the right to open any box that they feel violates their shipping agreement terms. However, I question their right to dispose of the contents as they see fit, or for them to confiscate the contents.

    Just to use an analogy as an example. Let's say, for whatever reason, UPS/FEDEX, had decided to ban the shipment of baby grand pianos, and someone decided to ship an antique baby grand piano, worth many thousands of dollars. While they arguably would be within their rights to disallow the shipment and even keep the shipping fee, violation of the company policy wouldn't convey any ownership rights to them, and so I don't see how or why they would have the right to destroy the piano or keep it. If they did either, I'm pretty sure the owner of the piano would hit them with a lawsuit so fast that it would make their corporate heads spin.

    Of course no one is likely to sue FEDEX or UPS over a few hundred dollars of lost beer, but even so, I strongly question their practice of destroying and/or confiscating personal property, just because of a company policy violation.

    Sorry for the interruption, but I find it very annoying whenever I read about FEDEX or UPS acting as if they have some god given right to destroy or confiscate a customer's property, just because of a company policy violation. Especially when they're very obviously, well aware the practice goes on (using their carriers to ship beer), and are making a pretty penny from it.

    Please carry on with your normally scheduled broadcast/discussions....
     
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  8. Dicers

    Dicers Grand Pooh-Bah (3,436) Sep 2, 2012 California
    Society Pooh-Bah Trader

    A private citizen cannot ship beer across state lines without a license. That is where the murky waters come into play and by that stance they shouldn't be sending it back to the customer if it is again crossing state lines. Within state that is a different manner, but again unless you're licensed and DECLARE that you're shipping alcohol you're violating their policies.
     
  9. John_M

    John_M Grand High Pooh-Bah (6,849) Oct 25, 2003 Washington
    Mod Team Society Pooh-Bah Trader

    That was my understanding as well, and frankly, this is yet another reason I question some of their practices.

    A friend in the Philly area recently sent me a box, and I gather there was some breakage. However, according to the fedex rep, the box was physically held here in Oregon, and their online tracking showed that to be the case. Yet they wouldn't allow me to come pick up the box, and insisted that they were required to ship it back to the original drop off store, where the contents would then be destroyed.

    Just my two cents on this, but I think the proper (and legal) way for them to handle this sort of thing is to keep the box wherever it's held up, and provide the owner with a certain amount of time to come pick it up or allow an agent to come pick it up. IF the box isn't picked up within a certain period of time, then I think disposal of the contents would be appropriate and legal. It seems to me that it would be appropriate for them to charge the owner a storage fee while the box is being held, which he would have to pay as well, before picking up the box. It would certainly be within their right not to allow the owner to use their service again, either temporarily or maybe even permanently, for violating their terms of shipping.
     
  10. mythaeus

    mythaeus Pooh-Bah (2,074) Jul 22, 2013 Pennsylvania
    Pooh-Bah Trader

    Someone had their box "Transferred to Governement Warehouse" after it was discovered: http://www.beeradvocate.com/community/threads/scanned-fedex-box-anybody-ever.99797/ . I believe there is a procedure for the content to be destroyed if it's regulated goods. FedEx doesn't confiscate per se, but they probably send it to "the government" to handle.

    That said, I had one returned to me by FedEx in VT after it was shown "On Vehicle for Delivery". The trader told me that he had no problem receiving boxes from FedEx. I'm not sure when and who at FedEx decides which box gets "destroyed" and which gets returned to sender.
     
  11. Yohann

    Yohann Zealot (744) Apr 29, 2014 Wisconsin
    Trader

    You have a citation for this?

    My understanding is alcohol shipping laws are up to individual states, and those laws differ significantly from state to state. Whether or not the alcohol is being sold (to you or by you) usually also comes into play.
     
    #31 Yohann, May 12, 2016
    Last edited: May 12, 2016
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  12. Dan_K

    Dan_K Pooh-Bah (1,980) Nov 8, 2013 Colorado
    Pooh-Bah Trader

    I don't feel like @mendvicdog deserves a bad trader tag from what I've seen so far. I would certainly be taken aback if I had an entire shipment confiscated, and it might take me some time to get a replacement together. Furthermore, I'd probably want to do an IP option to avoid this happening again.
     
  13. F2brewers

    F2brewers Maven (1,432) Mar 12, 2005 Massachusetts
    Society Trader

    A few more comments on this.

    The two concerned parties are discussing ways to resolve this which is, ultimately, what we all want.

    I've seen the BM conversation as provided by @nolinenowait and everything he said appears to be supported by that conversation. @mendvicdog...not so much. If there are other conversations I haven't seen, please let me know. I suspect there may are and that what I've seen is the start of a "new" conversation. My comments are based on what I've seen.

    @mendvicdog your concern about leaving bad feedback less than a month after shipping may be justified in some instances...provided there is adequate communication. You gave positive feedback to the OP on April 6th. I'm not sure exactly when the box arrived or when your box was shipped and/or confiscated.

    In the convo, your communication is sparse (as you admitted). Your first mention of a friend potentially visiting came on the 22nd. Was there other communication between the day your box was lost and then? If so, please provide it.

    @nolinenowait was open about the terms for replacement beers and asked what worked best for you the same day. That doesn't match up with your claims that the beers he requested were above "what you thought was fair".

    You responded on the 25th that you were still trying to figure out whether you could honor the original terms of the trade and indicated that your friend could be in town the 29th. You already knew that the OP would be out of the country (Montreal) that weekend, but OP told you (also on the 25th) that he would be around that morning and said he would be available to meet...Friday was the 29th. He also requested updates on the 26th, 27th and 28th. He also requested (on the 27th) that you send one of his options by UPS if the meet up didn't work out.

    You responded on the 28th that your friend had jury duty and couldn't make the trip on the 29th, but might be available the next week and asked if OP would be around. He repeated the ship request, but not in a nasty way nor was there any mention of negative feedback.

    On May 1st, he asked again if your friend would be up that week and then asked again on the 2nd and 3rd, offering an alternative shipping address as well or the option to just pay for the beers he sent/shipping cost. He notified you that if you didn't respond by the 4th, he would leave negative feedback.

    Above you claim you were intimidated by his "constant" threats, but there is only one mention of actually leaving feedback. A prior mention said he *DID NOT WANT TO LEAVE NEGATIVE FEEDBACK*. That's not intimidating and doesn't jive with what you said.

    After April 28th, there's no response from you at all. OP left negative feedback on May 5th in keeping with what he said he would do.

    This morning (in this thread) you said your plan was to ship UPS if the friend visiting option didn't work out, but yesterday (same thread) you said you were scared to ship again and have another box confiscated. That doesn't add up. Which was (is?) it?

    I don't see any reference to an offer to buy him a beer the next time you were up in Montpelier either.

    So, your last response to him was on April 28th. He left bad feedback on May 5th, but you never said anything about it then or let him know that you weren't on in the timeframe he specified and asked him to reconsider. If you thought it was unfair, you could always contact one of us as well. At a minimum, you should have at least said something to him...if you two could work it out, he could always modify his feedback.

    From what I've seen, you didn't respond until you were tagged in this thread on May 11th.

    I find it hard to see how you still think you were in good standing with the OP after not communicating with him for almost two weeks? You said you were working things out in your mind, but without communicating, how would he know that?

    Something's still not making sense here...the bad trader tag stays until we see something more to justify removing it.
     
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  14. Dicers

    Dicers Grand Pooh-Bah (3,436) Sep 2, 2012 California
    Society Pooh-Bah Trader

    Thanks @F2brewers this definitely shines a different light on the entire situation. Hope you guys get it figured out, but my support @mendvicdog is waning to say the least as a result of the clarification to the situation. In the end I hope it all is resolved, but I think we've all learned something from this
     
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  15. NiceBeerCans

    NiceBeerCans Initiate (0) Mar 16, 2013 New York

    As far as I'm concerned, I'm done giving @mendvicdog the benefit of the doubt. @F2brewers has clarified the whole situation. @mendvicdog, you need to stop posturing and start apologizing to @nolinenowait and to this thread. I think many of us wanted to believe you since you have 61 trades under your belt while the OP has 20. Goes to show that some traders think they are above good trading practices as their total number of trades increase. You need to drop the attitude and start taking responsibility for your multiple misstatements. You haven't gained anything from not speaking the truth. You should make it up to @nolinenowait asap in such a way that he can say something nice about you. And no, your communication was insufficient. Own it and change.
     
    #35 NiceBeerCans, May 12, 2016
    Last edited: May 12, 2016
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  16. tommyz

    tommyz Initiate (0) May 28, 2007 Michigan

    I dont believe it shined a different light at all...Its as the OP said, according to the bm F2 brewer read.... I just hope this gets resolved..
     
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  17. LehighAce06

    LehighAce06 Pooh-Bah (2,240) Jul 31, 2010 Pennsylvania
    Pooh-Bah Trader

    Perhaps "shines a different light" meant "changes where my support lies"; that post gives those on the fence a good reason to lean toward OP and those already leaning the other way are likely at least now on the fence if not also leaning toward OP.
     
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  18. DenverBeerDrinker

    DenverBeerDrinker Initiate (0) Apr 5, 2012 Colorado

    I got a call from FedEx on a box I shipped to FL. I was told it contained alcohol and they would be sending it back. I asked if the guy could pick it up and was told I had several options.

    1. They could send it back
    2. The person could pick it up at a local place
    3. I could send them another label with the "adult signature required" option and they would deliver it. The person even gave me their email address to send the label to. They said they would put the label on the box and send it along

    I was told that (at least in FL) it's not against the rules to send beer/whiskey (had two bottles of whiskey in there) but the sender needed to have an adult sign for the box on the receiving end
     
  19. benzalman

    benzalman Initiate (0) Apr 25, 2009 California
    Trader

    Right, but shipping across state lines is likely a different issue. And, it's against Fedex's rules, right? Fedex as a private company can make a wide variety of rules that have nothing to do with laws. For example, they can also open a package whenever they'd like to inspect its contents. It's just not a cut and dry thing.
     
  20. Dicers

    Dicers Grand Pooh-Bah (3,436) Sep 2, 2012 California
    Society Pooh-Bah Trader

    That's interesting one of my only confiscated boxes happened in Florida I called as soon as I got the exception alert and they told me there was alcohol in it and it was going to be disposed because I had shipped alcohol
     
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