Postal responsibilities

Time2Go_25

I've seen many times on here people saying that the seller is responsible for the delivery of the item until it is received, surely if you make it clear in your postage details that unless insurance is taken out that it is at the buyers own risk that should do, shouldn't it?

For example:

FREE STANDARD POSTAGE via Royal Mail 1st Class to any UK Shipping Address or via Royal Mail Airmail to any International Shipping Address - Standard Postage does not include compensation for items that are lost or damaged in transit and is offered strictly at BUYER's RISK

frivolous_fay

And if you bought from Amazon, and they told you that they wouldn't replace your book that got lost in the post, you'd be fine about it, would you?

People with 'at your own risk' 'not my responsibility' on their listings are deluded. They are responsible, and they will realise as soon as someone opens a dispute against them.

StaffsSW

As far as paypal are concerned, it is the sellers' responsibilty to ensure delivery. If the item does not arrive with the buyer and they lodge a dispute Paypal will always find in favour of the buyer.

It is one sure-fire way to make a seller change their T&C's.... ahem...! ;-)

soolin

frivolous_fay wrote: »

And if you bought from Amazon, and they told you that they would replace your book that got lost in the post, you'd be fine about it, would you?

People with 'at your own risk' 'not my responsibility' on their listings are deluded. They are responsible, and they will realise as soon as someone opens a dispute against them.

Turning the question about face is the only way I can think of sometimes to illustrate why buyers should be the ones protected. Sellers can protect themselves by getting a COP which will enable a claim against the RM, buyers are entirely dependent on the seller...which is why personally I believe paypal is right to allow chargebacks on items not delivered.

I can imagine the outcry now when that lovely shiny new £600 PC from Amazon fails to arrive and they shrug their shoulders and say 'well we can prove we despatched it so hard luck'.

Going back to the OP, trying to wriggle out of responsibility for lost items will harm your business, many buyers will see that as a dodgy statement and avoid you, but more worryingly others less than honest may see it as a challenge :eek:

Time2Go_25

They are not my T&Cs they are from an item I was looking at earlier, however surely if both parties are entering into a contract to supply goods and the T&Cs say no responsibility for delivery unless insurance is taken then that should be OK.

I understand how paypal see it, how would a court see it?

Time2Go_25

frivolous_fay wrote: »

And if you bought from Amazon, and they told you that they would replace your book that got lost in the post, you'd be fine about it, would you?

I would indeed be happy for Amazon to replace the book

windswept

The fact that people actually buy from sellers with such nonsense written in their t and c's amazes me. I would love to teach them a lesson with a nice inr claim.:cool:

In all my listings I now put " we do not charge extra for "postal insurance" as it is for the seller's benefit and not the buyer's, delivery remains the responsibility of the seller, please help to stamp out this type of practice by not buying from sellers with such terms".

frivolous_fay

pdel61 wrote: »

I would indeed be happy for Amazon to replace the book

Ho hum, not even midday and my typing's all over the place!

Hintza

pdel61 wrote: »

I understand how paypal see it, how would a court see it?

The same way in my book, you buy item, item doesn't arrive, it is upto seller to prove item was delivered. The Royal Mail has various services to cover this from the simple COP to Special Delivery the court would ask you how it was posted. Sending a £100 item without appropriate cover is not prudent and I am sure a court would agree.

frivolous_fay

pdel61 wrote: »

surely if both parties are entering into a contract to supply goods and the T&Cs say no responsibility for delivery unless insurance is taken then that should be OK.

Even though T&Cs may appear clear and (maybe) reasonable, arbitrary
T&Cs will not be supported by ebay if those terms contradict ebay's own T&Cs.

If someone's daft enough to think that they should take a case to court to argue the point when ebay themselves disagree, they have more money than sense.