myHermes Missing Parcel - Insured £250

wealdroam

d5vnt wrote: »

What's everyones opinion on whether myHermes will compensate the item being electronic but missing?

Their T&Cs say they should.

Not sure that the opinions of others will be of much use.

arcon5

Ask the seller for your money back.
If not, take it to small claims.

The seller should be able to get compo for missing item. They state it being as part of the group "items that are excluded from compensation for damage".

The terms exactly

7.5 As we cannot test whether any electrical or electronic equipment that you provide to us in a Parcel is functioning properly before we deliver it for you, we do not accept any liability for:

7.5.1 any damage to electrical or electronic equipment; or

7.5.2 any loss of or damage to data on electrical or electronic equipment.

They have not excluded electronics where they are lost.

d5vnt

Thank you everyone!

arcon5 wrote: »

Ask the seller for your money back.
If not, take it to small claims.

The seller should be able to get compo for missing item. They state it being as part of the group "items that are excluded from compensation for damage".

The terms exactly



They have not excluded electronics where they are lost.

Thank you so much for the advice. I'll ask the seller to do so immediately. The claim period is within 28 days and I won't be surprised if they'll drag it to the very end.

The seller was advised by myHermes to wait it out as they are still searching for the parcel and at the same time - process the claim. I find this to be quite bogus but meh whatever.

I'll try to convince the seller for a quick refund so I can make my way to purchase another similar item on the market.

jumpedtheshark

d5vnt wrote: »

Of course, there is proof of purchase. Our texts on iMessage has every word and revealing everything in discussion (haggling, offer price, courier selection, etc).

I don't have an issue with the seller as we discussed together regarding postage options and I did suggest myHermes as it was the cheapest for an item this heavy (It's 15kgs and a large sized parcel, how did myHermes lose it?!).

I have to admit that, if you force a full refund from the seller, I would feel a bit sorry for them based on the above. If myHermes' maximum insurance value is £250 and you suggested them to the seller, it seems harsh to demand a full refund from the seller now that your preferred cheaper courier has lost the package.

arcon5

jumpedtheshark wrote: »

I have to admit that, if you force a full refund from the seller, I would feel a bit sorry for them based on the above. If myHermes' maximum insurance value is £250 and you suggested them to the seller, it seems harsh to demand a full refund from the seller now that your preferred cheaper courier has lost the package.

The seller sold the item for £200, not £450 though. For which they would receive from Hermes so they have not lost anything. Just more hassle. And now a hermes employee or office has a nice coffee machines tucked away in a corner somewhere waiting to be found and eventually sent to auction if not found before they pay out a claim.

Op - I do think allowing a couple of weeks or so is reasonable from the point of posting, sometimes parcels do get found.

JethroUK

d5vnt wrote: »

.....

Any suggestions? Should I just force the seller to refund completely?

Your right as buyer is to receive the goods you pay for

If the seller chooses not to deliver it themselves they can hire a third party but it is at their risk

Irrespective of any discussions you have with the seller about delivery the responsibility will always be theirs which is why ebay will not let sellers pass on responsibility for delivery under any circumstances

Which is why any seller should ignore pleas from any buyer about delivery

"Oh just send it by shanks pony it's cheaper and it will be fine and I'll take all responsibility"

Can't ever happen!

Buyer will still be responsible when Shanks looses the parcel

You could and should claim a full refund and wish the seller good luck figuring it out

jumpedtheshark

arcon5 wrote: »

The seller sold the item for £200, not £450 though. For which they would receive from Hermes so they have not lost anything. Just more hassle. And now a hermes employee or office has a nice coffee machines tucked away in a corner somewhere waiting to be found and eventually sent to auction if not found before they pay out a claim.

Op - I do think allowing a couple of weeks or so is reasonable from the point of posting, sometimes parcels do get found.

Missed that, sorry. I thought they paid / sold price was £450.

d5vnt

Well, just spoke to the seller. Of course.. Refuses to refund...

bod1467

In which case you demand that he refunds else you'll raise a claim in the small claims court - which you will win as he has no viable defence.

Even if this was a private sale, where Caveat Emptor applies, much of contract law still applies. So the fact that the goods he has sent have not arrived means he is in breach of contract. Slam dunk IMHO.

arcon5

bod1467 wrote: »

In which case you demand that he refunds else you'll raise a claim in the small claims court - which you will win as he has no viable defence.

Even if this was a private sale, where Caveat Emptor applies, much of contract law still applies. So the fact that the goods he has sent have not arrived means he is in breach of contract. Slam dunk IMHO.

This.

You start telling the seller what you expect, don't just ask anymore.

The simple facts are:
you bought goods from them
you asked them to deliver the goods to you
they haven't

Also get your demands to them in writing and give them 14 days to pay you