• Report: #766624
Complaint Review:


  • Submitted: Thu, August 18, 2011
  • Updated: Fri, August 19, 2011

  • Reported By: leyla87az — Oxford Nationwide United Kingdom
Internet United States of America

Fedex Daniela Diamonds USA Fedex driver lost or stole my item Internet

*Consumer Comment: Why was Fedex involved in this claim?

*Author of original report: ohhh pleaseee.

*Consumer Comment: Interesting, to say the least.

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In May I purchased a watch for my partner from America for $8500 and paid 1000 in custom fees and taxes. The watch arrived but it was faulty as one of the diamonds was missing. I immediately contacted the seller and asked for either replacement or refund. They agreed to to arrange a collection with FedEx and get the watch to be replaced or fixed with all the charges to be taken care of by them. Few days after FedEx guy came to pick up the watch from my house. He had a fedex bag with him but i told him i wanted the item to be warpped with styrafoam and to be put in Fedex box. I was assured by him that he was going to pack the watch in FedEx box once he was in the van. After few days we were contacted by FedEx and long story short the watch is missing well not missing there is a watch but it is not our watch but some cheap stuff. It is either stolen, lost or switched while in the transit. We have contacted police and there is an investigation going on.

Meanwhile seller and legal officer advised us to file a claim. We tried filing claim ouselves but fedex refused because the seller who arranged the pick up and they were the customers so they had to file the claim. So they did but Fedex said are not prepared to refund us the money because they say that we did not pack the watch with box but with flimsy pack and we did not take extra insurance on it which is 75 cents per $100 which we had no idea we were suppose to take because seller said he is goping to pay for all the costs as he sent us defect item and seller did not take extra insuarance and he did not even tell us that. Neither me or my partner ever used FedEx before and it was not us that arranged a collection but seller. He never told us anything about this extra insurance and rules around the packaging. Neither FedEx or the seller is accepting the responsibility and we are in agony that we have lost something that had sentimental value as well as losing so much money.

We are stuck in the middle and we have no idea where to start from to get refund or get the watch replaced. We have been to CAB but they were not sure either. I  don't know whether to get a lawyer, apply to court, who to sue? do not know consumer laws in US or do we even stand a chance winning this case if were to go to court because obviously this is an overseas purchase and is it possible to sue either of this companies from here?

This report was posted on Ripoff Report on 08/18/2011 03:20 AM and is a permanent record located here: http://www.ripoffreport.com/reports/fedex/internet/fedex-daniela-diamonds-usa-fedex-driver-lost-or-stole-my-item-internet-766624. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Why was Fedex involved in this claim?

AUTHOR: Steve I. - (USA)

I looked at the picture you included. If the subject wasn't about a watch, it'd be hard to know what it was. I did see the two small red circles and assume that's where the diamond(s) is missing. Other than that the crystal looks fine. So why was Fedex involved in a claim? Was the watch packed well, but the box got smashed? If a diamond fell off, wouldn't it still be loose in the watch under the crystal or rolling around in the presentation box if it came off the bezel?

Maybe I'm an idiot too but I can't really tell what the watch was shipped in. You said the driver was told to use styrofoam and a fedex box. Why couldn't it just be shipped back in the original packaging that you got it in? It seems clear the watch is just defective and Fedex involvement was complete once it was delivered. The only reason Fedex would become involved again is if you used fedex to ship the watch back. If you wanted the watch replaced then a brand new shipping label, customs forms, and completed packaging would need to be made. It sounds like the seller told you they would take care of everything, so why did Fedex come for a pickup before you had the shipping prepared? Either you needed to pay for the return and get reimbursed, or the seller could have emailed the shipping label and documentation. Why wasn't the watch packed up ready to go with the shipping label and customs forms? Just asking. 

The term "common sense" is thrown out a lot in this complaint, but common sense was seriously abused in the handling of the defective watch. Everyone knows what insurance is for. Does it take common sense to feel someone needs to tell you if insurance is needed? If you don't ask for a warranty or insurance when you buy something, that doesn't mean the company you bought it from is responsible for your loss. Not sure about the UK but in the USA a common term is, "Ignorance is no excuse of the law". Sounds like a there was good communication between you and the seller but still no one knew what was going on?

So after that strange mess another monkey wrench is thrown in. Fedex would only pick it up for shipping if it was packed and ready to go with all the shipping documentation. For some reason Fedex was contacted to pick up the watch not for shipping but for a claim. It says it took a few days before Fedex called back. I doubt it was a customs question. The only ways to have that watch and it's box switched is if you gave them the wrong watch or Fedex did it. Because it's so easy for anyone to put a rock in a box and ship it, Fedex has ways of verifying the commodity and monitoring it's handling. If the box was tampered with while in Fedex care it could be traced back to the last person that handled it and the employee will get nailed.

No one reading this has the tracking number so can only try to interpret your interpretation. If the original packaging wasn't used because foam and a new box was needed, then the old tracking number must have been used to track it through a claim process that it really shouldn't be going through at all. Then strangely enough some mix up happens with addresses and then a wrong package also has a watch in it. That's a little too coincidental to handle. Like I said I might be an idiot too but the complaint composition is hard to understand.

It looks like the seller didn't give you proper information or you didn't understand what they were saying. Because of that mix up, Fedex gets a package and then coincidentally(?) gets a phone mix up problem. People try pulling fast ones all the time and unfortunately other people can only guess if it's you or Fedex that swapped the phone. You have the burden of proof and really can't blame other people for your mistakes. Good luck and let us know if the watch pops up again or you get a new one. Hope so otherwise you may have had a very costly education.
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#2 Author of original report

ohhh pleaseee.

AUTHOR: leyla87az - (United Kingdom)

You dont even know what you are talking about. Why does it matter what
brand is it? The brand of the was jacob and co. It was not used and t
had all the necessary papaerwork with it. I did arrive brand new in its
original box. When we sent it we sent all the receipt with it. The watch
arrived damaged. Whther it was sent like tht or was damaged while in
the transit we are not sure about that. Wy doe sit matter if the
manufacturer has distrubution in the UK we bought it from and
independent jeweler in from America. This happens all the time as it is
hard to get Jacob and Co in the UK.

As i said we do not know if it was damaged during shipment. As for the
insuarance we paid extra for express and tracked shipment. I never said
in my report that it had no manufacturer warranty. It did. It arrived
with all the necessary paperwork. Stop making stuff u as you go along.

Well they arranged the pick up because they were the one sent us defect
item. So it is a common sense that consumer should not be responsible
for anymore charges if they receive an damaged item. It is seller's
responsibiliy to sort it out. If we damaged the watch and wanted it to
be fixed then of course we would be resposible for athe costs including
the postage.

WE DID NOT had a bare watch. The watch was in the multi coloured bx as
jacob watches all come like that and that box was in the another white
outer cardboard box. Who said we discarded the box? Please pay
attention. Well my prove is when fedex phoned us for the recipt we told
them that the receipt is inside the box well between white outer box and
the multicolour watch and when they opened it they told us that there
is no multicolour box it is a black box. We were shocked and for
sometime we thought they got our package confused with some other

you are just an idiot man. did i at some point in my report i said it
arrived without box or it arrived bare in paded envelope. if we are
going to pay that much money for a watch then of course we want it to
arrive with its all extras like box, cleaning cloth, warranty and etc.

the box all together was almost 2kg. we included copy of receipt and
paypal receipt. As well as custom taxes receipt we paid to brig the
watch to the UK which cost us 1000GBP. Of course it had sentimental
value because it was an anniversary gift from my wife. Of course i need
to play the sympathy card because im the victim.

The seller assured us that he has taken care of all the replacement cost
including the shipment. Of course he had to. Isnt that a common
consumer right? We have all the emails we excanged between us and the
seller. all the paperwork. the picture of the watch/ missing diamond,
the receipts, bank transaction, custom fees, fedex airways bills.

Also whenwe track the item now it does not show our address the address
they pick it up from. It shows that it was picked up few miles away from
our address. Isnt that weird? because it should show that it was picked
up from this address at this time. Even the police questioned how come
our address is not whowing and what time it was picked up. It only shows
when the watch actually arrived at Fedex office. Sure it should show
step by step process.

If we were planing a fradulent activity then we would be aware of all
the terms and conditons surrouding the shipment process like making sure
that the box is put in the fedex box not flimsy pack and we had extra insuarance on it.  We had no idea about any of these rules. If we did then we would have been paid out by now and not go thru this agony.

You believ whatever you want to believe in. You are just incompetent as
fedex and the seller. you cant even read the story without making up
stuff of your head. If you havent got anything postive to say then dont say it at all.
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#3 Consumer Comment

Interesting, to say the least.

AUTHOR: Thomas K - (USA)

It's odd that this whole complaint is based around an item for which is described, "a watch". No description of the brand, style, or model was elaborated. It's just some phantom watch. Other than the $8500 that is wanted, the missing 'expensive' watch is given the same elaboration as the 'substituted' cheap watch.

$8500? Alright, let's assume it's new:

1) If we knew the make of the watch, we'd know where it's manufactured and distributed. This watch company does not distribute their watches directly within the United Kingdom? Strange.

2) An $8500 watch has no quality control from it's manufacturer? Hard to imagine, but it happens. 

3) An new $8500 watch has no manufacturer warranty? Really?

4) Some location in the USA, (apparently a 'company' as indicated in the last line of the complaint) actually sent an $8500 watch, internationally no less, without insurance?? OK.. That insurance is protection for the sender, not the receiver, yet they didn't bother?

5) The missing diamond was not caused by, or had anything to do with, the shipping process.
Why was the shipper involved, FedEx in this case, for 'collection' of the watch so that FedEx would have it replaced or refunded...even BEFORE the watch was supposedly swapped?

6) What person in their right mind would hand an $8500 bare watch, just dangling from their fingers or cupped in the palm of their hand, to any unknown third party?? The box that the watch just arrived in, which protected it half way around the world, was quickly discarded? You had no other box to protect it in? That's really unfortunate. Now the real question is: What happened to the exceptionally nice manufacturer's felt-lined box that the watch came in, complete with instructions, serial #, and WARRANTY CARD? How was it even possible that that manufacturer's new watch box was not to be returned with the watch? Give us a break. Or don't, and prove the watch dangling from your fingers had an $8500 value. Prove it to readers here and prove it to FedEx, just as you'd have to prove it to the police, courts, and the watch supplier.
      ....or wait. Perhaps the watch didn't have a new box at all. You really wouldn't necessarily expect a nice box with an $8500 watch, right? So maybe the $8500 watch was slipped into a lovely padded envelope. That's plenty of protection and envelopes never rip, right? It's not like the watch was expensive enough to justify a $5 box. Or wait again...the receiver insisted on the driver postponing his route to take time to find styrofoam and package the watch in a box. So what was and where is the original packaging?

7) This fact is easily verifiable: No common carrier will process an insurance claim without the original container, packaging, and the documentation trail including proof of value. Still, this complaint wants readers to believe the watch was forced upon a FedEx driver while dangling from the receivers finger tips, with NO proof what so ever that the watch was not a Timex.

8) A basic transaction purchase for an $8500 watch was initially stated, yet within a brief period after receiving the watch, "agony" is felt due to sentimental value?? Not withstanding the peculiar nature of this claim, it now appears that the 'sympathy card' is also being played.

IF, however, this watch is a used watch, the above list would have several additional red flags. The most prominant being 'USED watch...missing diamond'. Go home, end of story.

There is just way too many details that don't add up. Any one of them is commonly used in insurance fraud claims. Regardless of claim legitimacy, the watch had no insurance value (other than the default $100). Not only was the original manufacturer's container and paperwork no where to be found for this $8500 watch, but the package used to ship the box also disappeared. FedEx has, as does all shipping corporations, protocol to prevent fraudulent claims. The complaint here illustrates, and coaxes readers to believe, that both the sender as well as the receiver defied all common sense in the handling of this $8500 watch.

The above facts regarding the nature of this shipment can not be disregarded. For a moment, however, let's just do that...disregard them. This raises the obvious question as to why the watch sender simply did not schedule a return shipment or assist with warranty service. Why this was not even mentioned as an option (which actually was the only option in this case), points in the direction of fraud by attempting to dip into deep pockets.

Or perhaps anyone could feel that they're being quite clever by having an person (legitimate or otherwise) use a common carrier to send an item, say it's missing a piece when received, merely hand the carrier a handful of 'stuff' with no records or documentation, and then cry, "Oh somebody make them give me thousands of dollars!" Frankly, if this is not a blatantly fraudulent claim, one would wonder how the receiver can be so void of common sense (or just plain dumb), while affording an $8500 watch. Some reader's would really enjoy more details of this saga. No further response by the OP, however, is plenty sufficient for an explanation.
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