When you make a purchase on eBay, you're not paying the seller to simply ship you the item. You're paying them to have it delivered to you!
It amazes me how many sellers say they won't be responsible if the post office (or other carrier) loses your order. These sellers don't know much about the law. Even if a seller states explicitly that they are not responsible for lost items and the buyer agrees to said terms, they are STILL responsible for lost items. By bidding on an auction, you enter into a contract. However, in the United States, a contract is unenforceable if it violates the Statute of Frauds.
You cannot name a term such that you agree only to ship the item but not to deliver it. The term in the contract that you are not responsible is null but it does not invalidate the remainder of the contract. The term does not exist. It never did. It's not that both parties didn't agree to the terms: the term that you wrote into the agreement is not actually a term in the agreement.
The real point here, is "do you really want to do business with someone who thinks they have no responsibility to deliver what you paid them for?" What kind of hassle are you going to encounter if the item is lost or damaged? Will it be worth the trouble for a small item? Will the seller trick you into eating the loss when they should?


Thank you for voting. If your vote meets our