Help! Buyer Did Not Recieve Item

MyUserNamesTaken

alison999 wrote: »

When she didnt pay for recorded delivery, yes I do.

I pay for recorded delivery on all the items I buy because of this reason.

She just got back to me anyway and we're going halfs, so if she hasnt got it by next saturday i'll be sending her half her money back.

it is the fairest way

See, this isn't even about Paypal or Ebay's rules....it's simple law of contract. It's down to you, the seller, to ensure the buyer receives his/her item. The contract is not complete until the buyer has received the goods. If the buyer's saying she hasn't got her CD, then you have to refund her, as legally, you are in breach of contract (you cannot prove the buyer has received it). That's why Paypal and Ebay state that you must send by online trackable method - it's the only way to prove you'd fulfillled your side of the contract in getting the item to the buyer.

One more thing; when you send an item in the post, you're the one that is in a contract with RM. If the item goes missing, it's down to you to sort it out with RM. The buyer has absolutely nothing to do with it, as they are not party to your contract with RM. RM may well ask them to fill out a form saying that they haven't received an item, but it is you, the sender, who needs to claim and get any compensation should there be any.

Legally, you haven't got a leg to stand on.

Incidentally, why would your buyer say she's got one CD if she was trying it on? Surely, she'd say neither has turned up and go for a complete refund on both? I don't think she's lying. I think the CD has gone missing. How's it fair for your buyer to be out of pocket? You're the one who failed to get even a COP. Your buyer shouldn't be punished because of your actions. You say you've been trading on Ebay for 4 years. You really should know better.

MyUserNamesTaken

alison999 wrote: »

She chose not to use registered mail, how is that my fault? .

Wrong. You chose not to use registered mail. It is not the buyer's responsibility to chose the delivery method, as it's not the buyer's job to make sure item is received by the buyer. That's your legal obligation. You chose not to cover yourself and now your buyer is losing out on half her money.You should lose out for your mistake and not make the buyer pay for half of it. That is the moral and legal thing to do.

frivolous_fay

alison999 wrote: »

I dont use those sites and besides, we're talking about ebay here so why mention the other sites

Well, you said you always chose to use recorded when you buy. I wondered if that meant every time you shopped online, anywhere, ever. Because the same goes for every site. No arrival = refund or replacement.

alison999

MyUserNamesTaken wrote: »

You're the one who failed to get even a COP. Your buyer shouldn't be punished because of your actions. You say you've been trading on Ebay for 4 years. You really should know better.

Again, I didnt get one because I DIDNT KNOW THEY EXISTED!

Ive been on ebay for four years+ and have NEVER had a item go missing before, so I have never had to deal with this situation before.

custardy

alison999 wrote: »

I have morals thank you very much and I dont believe that I have 'shafted' anyone. I dont understand why this thread has turned into a attack on ME as a PERSON.

I could leave her neg feedback for taking 3 weeks to pay but I wont because i know she had money problems, she could leave me neg feedback for not recieving the item, but says she wont because she knows its not my fault.

well you cant leave a neg
however look at it this way
your buyer has recieved nothing regarding the 2nd CD,yet you are 'charging' them half the sale price.how is this fair?
you're the seller and chose to accept the risk on sending. basically you assumed any lost items would be down to the buyers regardless then?

Soot2006

alison999 wrote: »

I could leave her neg feedback for taking 3 weeks to pay but I wont because i know she had money problems, she could leave me neg feedback for not recieving the item, but says she wont because she knows its not my fault.

I read every comment in this thread, thanks. But it hasn't changed my opinion that you're a dishonest seller. Sellers CANNOT leave negative for buyers - you know this, as you've been trading on Ebay for 4 years apparently. The buyer, however, is able to warn other buyers that if their item doesn't arrive they will NOT be receiving a full refund from you. It is not your FAULT. But it is your RESPONSIBILITY.

alison999

tavarishink wrote: »

I read every comment in this thread, thanks. But it hasn't changed my opinion that you're a dishonest seller. Sellers CANNOT leave negative for buyers - you know this, as you've been trading on Ebay for 4 years apparently. The buyer, however, is able to warn other buyers that if their item doesn't arrive they will NOT be receiving a full refund from you. It is not your FAULT. But it is your RESPONSIBILITY.

Im not dishonest - I have been honest with every reply throughout this thread and in my messages to the buyer of my item.

I dont mind her telling anyone that if there item is not recieved through the fault of them not paying/requesting registered mail that they will not get a full refund.

It is not my fault and it is my responsibility to sort this, and I have.

Not everyone is our for what they can get. She knows it isnt my fault she didnt recieve it and thats why we've gone halfs.

custardy

no she gave you free money

MyUserNamesTaken

alison999 wrote: »

Again, I didnt get one because I DIDNT KNOW THEY EXISTED!

How's that your buyer's fault and why should your buyer lose out financially because of your ignorance? Please explain to me how you find it morally ok to make your buyer pay for your lack of knowledge. I would really love to know.


You should refund your buyer in full, including postage costs. You made the mistake of not getting a COP, thus you should pay the costs of that mistake.

alison999

custardy wrote: »

no she gave you free money

no she hasnt at all. in case youre forgetting, im out a cd, a cd which could turn up on her doorstep any day now. maybe not in a week, maybe in two. if thats the case she gets a cd for half the price.

what if i gave her a full refund and then the cd arrived the next day?

would she send me my money back? i doubt it.