As noted in the other thread, the package was mailed.
I've never had anything lost in the mail before, but it's impossible for either of us to recoup because abboudc did not request insurance on the package.
It's possible that it got lost in the mail. It's also possible that abboudc received the package, noticed that it was sent without insurance without delivery confirmation, and saw the opportunity to claim it was never received. This is a very common scam. I hadn't even insinuated that this may have been the case in our PMs (in which I was very apologetic and courteous).
It's also possible that it may still arrive. I've had things show up after more than a month before.
I assure Abboudc, and everyone else, that I mailed the copy of Vista.
Whether you mailed it (or not) is completely irrelevant. As is whether *I* requested insurance.
I sent payment to you. Had you not received it, you wouldn't have a problem not sending vista, even if it was lost in the mail. That would be my problem, as it's my job to get you payment. As you've noted, you received payment.
I didn't receive Vista. The "contract" for delivery was between you and whoever you shipped it with. Insurance, if there was any, would also be between you and the people you ship with. Insurance claims must be filed by the person that shipped it, not the person receiving it. There's a reason for this as the shipping company was paid by the person shipping it, not receiving it. Imagine you order something from Amazon and it doesn't show up. Would you get a refund or would Amazon say "sorry we shipped it".
Most forums have rules that say if a person doesn't receive his end, the other party hasn't met his obligation. Contract law is also *very* clear cut here. If you know any lawyers, ask them. "I mailed it" doesn't fulfill your obligation. Nor will attempting to put the onus on me for not requesting insurance, unless we agreed up front that i would assume all responsiblity for shipping, which didn't happen.
I'm going to give you a week to reconsider your present course before i take further action which may include any or all of the following: filing a mail fraud form, filing an internet crime case with the FBI (it's over $100 and across state lines), and filing a small claims action in your county. The nice thing about small claims is the loser pays court and serving costs in addition to the amount disputed, it just gets tacked onto the judgment. In this case the court costs and serving fees would amount to over $180 (i've already done some pre-work here). Rest assured, i will not sit idly by and let someone take my money, no matter how polite, courteous, and apologetic.
And yes, i'll acknowledge here you were very polite in telling me you were keeping my money. I'll be equal courteous here telling you that you won't. The principle of it is far more important to me than the small amount of money at this point. But it's one i'm prepared to stand on.
Should you refund my money and Vista show up at some point in the future, i will remit payment again or return Vista to you.
It's also possible that abboudc received the package, noticed that it was sent without insurance without delivery confirmation, and saw the opportunity to claim it was never received. This is a very common scam. I hadn't even insinuated that this may have been the case in our PMs (in which I was very apologetic and courteous).
Are you insinuating this now? I'm sure you're aware, it's impossible to prove the negative - that i didn't get something. Though, when one looks at the fact that you received payment up front, i don't think it's a great leap to say i'm not scamming anyone.
I see you frequent Anandtech and Hardforum...i'd suggest contacting the moderators there and asking their opinion. I think the response will surprise you as they won't agree with your perspective and will tell you how misinformed you are.
