Item lost in post, what do I do as a seller?

Muffy0

Item still hasnt arrived and I have had another email. I am tempted to give a refund just to stop them hassling me - I cannot help the postal service?

ceanothus

If a seller offers 1st class postage and a buyer accepts that offer, in my opinion both are constrained by the contract terms. And that includes the risk that there may be delays in untracked, non guaranteed mail services. If I explain this in my sale offer and a buyer agrees that's OK, we've both accepted that risk. Especially if I've offered alternative time guaranteed delivery services that the buyer has declined.

In your situation OP, I would provide the proof of posting, assure the buyer that there won't be a problem resolving the issue if it doesn't appear, but that you have to allow a reasonable time for the item to be delivered. What's 'reasonable' is up to you, but I would always ask them to allow at least 10 days and ideally a bit longer. You could get hold of the phone number of their local delivery office, give them a ring and see if there is anything outstanding for that address. I trace a lot of 'missing' stuff that way, and find most delivery offices are really helpful. If I can't locate it at the delivery office after 10 days or so, I pretty much know that it's not going to show and is gone for good / is on its way back to me.

soolin

Muffy0 wrote: »

Item still hasnt arrived and I have had another email. I am tempted to give a refund just to stop them hassling me - I cannot help the postal service?

Neither can the buyer, at least you can get a refund using a certificate of posting.

If it has been around 2 weeks then yes refund in full and after 15 working days reclaim your losses from the Royal mail. You will have tor efund one way or another, it is better to do it with good grace, through gritted teeth if necessary, than lose a paypal dispute and get a negative.

soolin

ceanothus wrote: »

If a seller offers 1st class postage and a buyer accepts that offer, in my opinion both are constrained by the contract terms. And that includes the risk that there may be delays in untracked, non guaranteed mail services. If I explain this in my sale offer and a buyer agrees that's OK, we've both accepted that risk. Especially if I've offered alternative time guaranteed delivery services that the buyer has declined.
.

Phew, luckily ebay and paypal do not agree with you. The buyer is completely reliant on the seller, the seller always has the back up that they can reclaim their losses from the Royal mail.

MyUserNamesTaken

soolin wrote: »

Phew, luckily ebay and paypal do not agree with you. The buyer is completely reliant on the seller, the seller always has the back up that they can reclaim their losses from the Royal mail.

ceanothus wrote: »

If a seller offers 1st class postage and a buyer accepts that offer, in my opinion both are constrained by the contract terms. And that includes the risk that there may be delays in untracked, non guaranteed mail services. If I explain this in my sale offer and a buyer agrees that's OK, we've both accepted that risk. Especially if I've offered alternative time guaranteed delivery services that the buyer has declined.

Luckily the law of contract doesn't agree with him, either. It's down to the seller to make sure the buyer gets their item. Saying that insurance is part of the contract is poppycock. If the buyer fails to receive the item, the seller is seen as not having carried out his/her contractual obligations. Anything that happens to the item before the buyer receives it is the seller's responsibility. So, if RM loses the item, it's down to the seller to sort it out, as it's the seller who has a contract with RM (a completely separate contract to the one he/she has with the buyer). In other words, if the seller chooses to send the item by 1st class post (rather than recorded or SD), it's at the seller's own risk. Better to include the cost of RD/SD in the postage and packaging charges and insist on insured delivery as one of the terms of the contract.

Muffy0

Do I refund postage costs as well? I really want to avoid any negative feedback see.
M x

soolin

Muffy0 wrote: »

Do I refund postage costs as well? I really want to avoid any negative feedback see.
M x

You refund the entire paypal payment, just log intio paypal and then into the transaction and near the bottom of the page there is a refund button.

Your claim with RM can be started after 15 working days. At the moment they appear to be paying out for item cost as per ebay auction page, plus actual postage paid..so hopefully you didn't overcharge too much on postage, if at all.

ceanothus

Sorry, don't want to hijack the OP's thread, but nowhere have I said that the seller isn't responsible for getting the item to the buyer. Of course they are.

The seller isn't however responsible for getting the item to the buyer by a certain date unless the buyer has purchased a time guaranteed delivery service. Suggesting that the buyer can choose a non guaranteed service and then jump up and down because it's late (yes that's 'late' not 'lost') isn't right. You pay your money and take your choice.

soolin

ceanothus wrote: »

Sorry, don't want to hijack the OP's thread, but nowhere have I said that the seller isn't responsible for getting the item to the buyer. Of course they are.

The seller isn't however responsible for getting the item to the buyer by a certain date unless the buyer has purchased a time guaranteed delivery service. Suggesting that the buyer can choose a non guaranteed service and then jump up and down because it's late (yes that's 'late' not 'lost') isn't right. You pay your money and take your choice.

Define late then.

Paypal say that a claim for non delivery can be started as early as day 7 and can be completed 10 days later..so 17 days in total from date of payment. Therefore it doesn't matter what a seller believes is late, they would still be forced to refund as early as day 17 which is still too early to have even started a RM claim which can't be started until 15 working days from postage (basically 21 days). So anyone shipping on day 3 or 4 is already eating into their 'late' time before they even start, and woe betide anyone who is tardy in posting and waits the full 7 days.

MyUserNamesTaken

ceanothus wrote: »

Sorry, don't want to hijack the OP's thread, but nowhere have I said that the seller isn't responsible for getting the item to the buyer. Of course they are.

The seller isn't however responsible for getting the item to the buyer by a certain date unless the buyer has purchased a time guaranteed delivery service. Suggesting that the buyer can choose a non guaranteed service and then jump up and down because it's late (yes that's 'late' not 'lost') isn't right. You pay your money and take your choice.

You said the risk of sending an item untracked was shared jointly by the seller and the buyer.

ceanothus wrote: »

If a seller offers 1st class postage and a buyer accepts that offer, in my opinion both are constrained by the contract terms. And that includes the risk that there may be delays in untracked, non guaranteed mail services. If I explain this in my sale offer and a buyer agrees that's OK, we've both accepted that risk. Especially if I've offered alternative time guaranteed delivery services that the buyer has declined.

I fail to see what else you could possibly have meant by "we've both accepted that risk". Incidentally, sending an item by recorded delivery won't make it get there any faster than by normal post. All it means is that it will be signed for upon delivery. So, your comment regarding delays caused by "untracked, non guaranteed mail" applies to RD items too. As a buyer, I'd consider an item lost if it hasn't arrived within a week of you sending it. Also, paypal disagrees with you on time constraints. To keep your seller's protection you must send within 7 days of receiving payment. After that time, a buyer can file a dispute for "item not received". So, who's taking the risk?