Lost item but buyer didn't pay for insurance

Fibabe

I recently sold a car CD-changer on Ebay. However this item got lost as my buyer is saying that they did not recieve it.

When I listed the auction I gave the option of paying an extra £1 for insurance, but they did not take this option.

The item finished at £65 but of course Royal Mail only covers for £34. I have put in a claim and Royal Mail are looking into it for me. If and when I get the money back, do you think that I should be out of pocket and pay back the full £65 or just the £34.

The CD player was worth £120.

Thanks

Dave_Brooker

Fibabe wrote: »

I recently sold a car CD-changer on Ebay. However this item got lost as my buyer is saying that they did not recieve it.

When I listed the auction I gave the option of paying an extra £1 for insurance, but they did not take this option.

The item finished at £65 but of course Royal Mail only covers for £34. I have put in a claim and Royal Mail are looking into it for me. If and when I get the money back, do you think that I should be out of pocket and pay back the full £65 or just the £34.

The CD player was worth £120.

Thanks

If it's a business sale you should payback the £65.

It's always best to just include insurance in the postage prices anyway.

Fibabe

Dave_Brooker wrote: »

If it's a business sale you should payback the £65.

It's always best to just include insurance in the postage prices anyway.

It's not a business. It was a personal sale.

diesel9181

i got stung with this. buyer didnt want insurance, they said the item didnt arrive, claimed money back from me via paypal. i bet it did arrive tho! now everything is sent recorded/insured. did your buyer pay with paypal? some people just take advantage of non insured items! you might have no choice but to refund them if paypal get involved.

[Deleted User]

When you enter into a contract you agree to supply a product/service at an agreed price. An ebay sale is a contract.

You have a duty to supply the goods or to refund the buyer's money. The fact that they chose not to pay for insurance is irrelevent.

When you posted the item you entered into a contract with the Post Office for them to deliver the package at an agreed price. They have not fulfilled that contract, assuming the buyer is telling the truth.

The PO will say it is part of their terms and conditions that they will only compensate up to the value of 100 first class stamps. A bizarre calculation which has little status in law, if any. Unless you agreeed to this element of that terms and conditions, either verbally or in writing, it cannot form part of the contract and is therefore null and void.

In practice the PO counter staff should advise you at the time of posting how much compensation would be paid in the case of a lost item, but in practice many of them won't.

Let me know if this helps, it is worth persuing the PO if you weren't told at the time.

In answer to your original question, you would be in breach of contract if you either fail to deliver the goods or make a full refund.

soolin

The thng to remember is that insurance is to protect the seller not the buyer, no buyer who understands ebay or paypal is going to pay extra for insurance that has no benefit for him.

As a seller it is up to you to either get the item to the buyer or to insure yourself against loss en route.

The first step is to either politely ask your buyer to contact their local sortign office to see if there is a parcel waiting for collection, alternatively phone them yourself. Then depending on how long ago the item was sent either refund your buyer in full now, or ask them to wait until at least 2 weeks has gone by just to see if it turns up, and then refund them.

After 15 working days you can start a claim from the Royal mail, but as you say standard post with a certificate of posting only covers up to £34 anyway, so you will be out of pocket.

If your buyer paid by paypal they will get a refund from you anyway if you can't prove delivery, plus you have the added nuisance of having your paypal account frozen pending dispute. If they didn't pay by paypal you should not treat them any different anyway.

satan666wayne

How would you have sent it if the buyer paid the £1 ?

treasureirealnds

I always send items worth over £10 by recorded and £20+ special delivery. £1
insurance would have only bought u recorded which insures for £30. Don't give buyers an option just charge for the extra insurance.

It is down to seller if item is "not received" and they haven't sent item recorded/special delivery.

If they go to paypal they will take the money back if u cannot provide proof of posting!

Good luck

freddysmith

As you did not insure the goods for its true worth if lost/non delivery then that was the risk you have taken. The buyer should be given a full refund after say 2 weeks as this seems to be the waiting time for deliveries according to the Post Office before a claim can be made. Its going to be a lesson learned for you because the PO will only give you a maximum £34. Sending that item by Standard parcel would have onlly cost an extra £1 for upto £100 insurance.
It is still possible the package may get returned to you.

edsjad

i have sent something that we thought had been lost in post in uk, i sent buyer the proof of posting - she was going to claim and then a month after i posted it originally, it turned up!! You never know...

deanos

edsjad wrote: »

i have sent something that we thought had been lost in post in uk, i sent buyer the proof of posting - she was going to claim and then a month after i posted it originally, it turned up!! You never know...

Technically the buyer cant claim as they dont have the contract with the PO and they wont want to know, its up to the seller to make all claims