Who is legally responsible for a return sent back to the UK from the US?

BlokkedSinkk

I sold a piece of jewellery to someone in the USA, via my friend who is a seller with her own website, and they paid by credit card. The buyer asked to return the item (just because they didn't like it), I said OK because my friend has a return policy on her website, and she gave all the details. She asked them to send it back using a more secure service like FedEx as this is how I sent it (for extra security due to Covid), but they went their own way and sent it via the regular US mail system, with a tracking number but apparently without adding insurance. Now the item may have gone missing in the mail. If it does go missing, is it legally the seller's responsibility (to refund even though we didn't get the item) or theirs, i.e. they should have insured it?

davidmcn

It's not clear from your post who was selling and what sort of sale, but it sounds like it was a sale by your friend (not you), and that she was selling as part of her business - is that right?

Blackbeard_of_Perranporth

BlokkedSinkk said:

I sold a piece of jewellery to someone in the USA, via my friend who is a seller with her own website, and they paid by credit card. The buyer asked to return the item (just because they didn't like it), I said OK because my friend has a return policy on her website, and she gave all the details. She asked them to send it back using a more secure service like FedEx as this is how I sent it (for extra security due to Covid), but they went their own way and sent it via the regular US mail system, with a tracking number but apparently without adding insurance. Now the item may have gone missing in the mail. If it does go missing, is it legally the seller's responsibility (to refund even though we didn't get the item) or theirs, i.e. they should have insured it?

BlokkedSinkk said:

I sold a piece of jewellery to someone in the USA, via my friend who is a seller with her own website, and they paid by credit card. The buyer asked to return the item (just because they didn't like it), I said OK because my friend has a return policy on her website, and she gave all the details. She asked them to send it back using a more secure service like FedEx as this is how I sent it (for extra security due to Covid), but they went their own way and sent it via the regular US mail system, with a tracking number but apparently without adding insurance. Now the item may have gone missing in the mail. If it does go missing, is it legally the seller's responsibility (to refund even though we didn't get the item) or theirs, i.e. they should have insured it?

Wait for it! We are about to find out that someone managed to unload a diamond tiara worth $50 and suddenly lose £200,000.

JJ_Egan

Legally responsible that will depend upon USA laws  nothing to do with UK laws .

452

JJ_Egan said:

Legally responsible that will depend upon USA laws  nothing to do with UK laws .

Surely the relevant law would be where the seller is not the buyer. If the return doesn't arrive back to the seller they don't refund. 

Kattekwaad

I would double the time if not treble the time you would reasonably expect it to take.  Personally I think it is the returners problem if it doesn't arrive back.

zoob

I suspect the item was sold on a UK website via eBay, regardless off weather  it’s a private or business seller i would think if the buyer returned the item at there own expense then that buyer would be responsible if it’s lost and not the seller 

hollydays

What value of jewellery are we talking about ?

JJ_Egan

452 said:

JJ_Egan said:

Legally responsible that will depend upon USA laws  nothing to do with UK laws .

Surely the relevant law would be where the seller is not the buyer. If the return doesn't arrive back to the seller they don't refund. 

But who was the end seller .

Reads as friend in USA is the end seller    ( hard to know with lack of detail )

OR  did OP sell and friend just post it on .