WHO`s entitled to the compensation

coupon_king_2

I have just bought an item from a seller on ebay with postage of £3..... but at the bottom of the their listing they state that they are not responsible if the the item goes astray ( proof of postage obtained ) unless I pay extra 64p insurance .

My question is this .... I pay for item .... seller sends it out ( proof of postage obtained up to value of £27 ) ...BUT the item DOES NOT arrive ..... WHO is entitled to the £27 compensation the SELLER or BUYER ....

Could the situation arise where the seller keeps my money & does not have to refund as they state in their listing they take no responsibility if the item goes missing ....... Then would they have the added bonus of being able to claim the £27 compensation as THEY have the certificate of postage.

Tojo_Ralph

This comes down to terms, and they clearly REFUSE to get involved in non received items unless signed for.... crap I know, but clearly stated.

coupon_king wrote:

My question is this .... I pay for item .... seller sends it out ( proof of postage obtained up to value of £27 ) ...BUT the item DOES NOT arrive ..... WHO is entitled to the £27 compensation the SELLER or BUYER .

The Seller.

coupon_king wrote:

Could the situation arise where the seller keeps my money & does not have to refund as they state in their listing they take no responsibility if the item goes missing.

Yes... That is their terms... and yes, I don't see why they cannot keep your money.

coupon_king wrote:

....... Then would they have the added bonus of being able to claim the £27 compensation as THEY have the certificate of postage.

Your money and the compo, yes, unless, the PO contact you, at which point you turn the tables and say the item was received and they are attempting to defraud the Royal Mail.

soolin

It doesn't matter what the seller says in their listing, they are responsible for items lost in the post. Obviously as a buyer you cannot enforce this unless you pay by paypal in which case if you don't get the item you can start a chargeback from paypal.

That's why I will always pay by paypal, if a seller does not take paypal and has ridiculous terms and conditions like the ones you are looking at then I wouldn't go anywhere near them.

As for the amount they can reclaim they have to prove the amount of the loss so unless the post office are feeling particularly generous they will only pay out the £3 or whatever was on the invoice. When I claim for loss I always send my COP and the invoice from ebay and get the exact amount back.

Soo

stavros_2

You would be entitled to your money back, but not from them. If you didn't pay by paypal and it was over £25 then you can get your money back (minus a £15 processing fee), if you paid by paypal then you can get it all back. In any case it obviously wouldn't be in the best interests for the seller to not give you a refund because they would get a strike against them for non-delivery.

EDIT: as soo says, it's best to pay via paypal

coupon_king_2

WOW .... the 3 people whos posts & advice I always like to read have replied to my question .... THANK YOU ALL !

You beat me to my reply I have always been unsure with the paypal thing

So if I had paid by Paypal and the same situation arose where item didnt arrive ( through no fault of the seller i.e ROYAL MAIL just lost it ) and I started a chargeback Paypal DEFINATELY would NOT REFUSE to give me my money back even though the seller states they take no responsibility for missing items

Tojo_Ralph

coupon.... Ignore me, I was looking at the harsh reality (rather than what is theoretical) of a non Paypal purchase, and dealing with a !!!! of a seller.

stavros_2

coupon_king wrote:

WOW .... the 3 people whos posts & advice I always like to read have replied to my question .... THANK YOU ALL !

You beat me to my reply I have always been unsure with the paypal thing

So if I had paid by Paypal and the same situation arose where item didnt arrive ( through no fault of the seller i.e ROYAL MAIL just lost it ) and I started a chargeback Paypal DEFINATELY would NOT REFUSE to give me my money back even though the seller states they take no responsibility for missing items

That's correct. The seller can't overide paypal's t&c's with his own. They would ask him to provide proof of delivery and when he couldn't you'd get your money back. To be honest I don't understand why sellers put those terms in there listings as they'll just lose overall in the end

stavros_2

coupon_king wrote:

WOW .... the 3 people whos posts & advice I always like to read have replied to my question .... THANK YOU ALL !

wow, did you hear that tojo and soo...we're special

lol

JPS

I knew I should have replied to this question lol

Outtathaway

stavros wrote:

That's correct. The seller can't overide paypal's t&c's with his own. They would ask him to provide proof of delivery and when he couldn't you'd get your money back. To be honest I don't understand why sellers put those terms in there listings as they'll just lose overall in the end

Exactly, if sellers coul overwrite PayPal's T&Cs with their own then there is nothing to stop me putting that condition in my listings and just never sending anything and saying lost in post.

But Paypal won't care about that, even if he has proof of posting it doesn't prove that its been delivered which is what matters and so they will find on behalf of the buyer and either refund their money, or put a hold on the buyers paypal account which will be a problem for any seller

shelly

Hmmmm....I usually agree with Soo but I'm not so sure on this occasion...lol...
Why is it the sellers responsibility for items lost in the post?
Surely once you hand it over it becomes the responsibility of RM? As a seller all we can do is correctly address it and get a COP.In the past if an item went missing and we didn't have a COP then we immediately refunded the buyer but then it started happening regularly as some buyers were putting in the feedback comments ''Thanks for fast refund for item not delivered''.So now we always get a COP for every item and if a buyer says they haven't received an item we send them the proof (by recorded delivery) and they make a claim to RM.It doesn't happen often any more....strange that....lol...