myHermes Missing Parcel - Insured £250

Nessun_Dorma

d5vnt wrote: »

I doubt its a scam as seller had a good record on gumtree (1+ years exp seller) and he has been updating me daily about responses from myHermes.



I paid £200 for the item. It's worth £450 new but it's slightly used and the price is just right for it being a used item. The advert states everything is in working order.

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

Which means it is worth £200.

Tom_Jones

Put the matter into dispute with Paypal, non delivery being the reason, and as the seller has no proof of delivery you will get your money back.

[Deleted User]

Tom_Jones wrote: »

Put the matter into dispute with Paypal, non delivery being the reason, and as the seller has no proof of delivery you will get your money back.

Not on pay pal gift you won't.

Space_Captain

Out of curiosity how did this conclude ?

bris

Without knowing the outcome obviously if it was insured for £250 and only worth £200 it should have been easily solved. Don't know what all the fuss was about in the first place.

unholyangel

Word of caution, the posts earlier saying risk remains with the seller is only really true for b2c sales.

If this was a b2b or private sale, different rules may apply.

[F1 Passing of risk.]

(1)Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not.

(2)But where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party at fault as regards any loss which might not have occurred but for such fault.

(3)Nothing in this section affects the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party.

[F2(4)In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.]