Lego parts purchased from Denmark gone missing!

spydersweb1

Hi All
I purchased some lego parts totalling 33 Euro from a Bricklink trader based in Denmark on the 28th December.  I didn't realise at the time that in his terms he states that purchases under a certain amount will be posted at my risk unless I explicitly request tracking.

I actually didn't realise this and of course the package still hasnt arrived and I can only presume has gone missing.  I have kept the seller abreast of the situation and in today's response he has once again referred me to his terms, which I can only presume means he will refuse to refund me.  Previously in the conversation he has stated that he didn't add a customs form to the package, so I'm not sure if that means anything at this stage.

I suppose I can refer this to PayPal as the purchase was made through them, but I don't really know if I have a leg to stand on or I need to chalk this up to experience.
Does anyone have any insight into this situation, any advice is greatly appreciated?
Many thanks
Graham

spydersweb1

Obviously we were in the EU when the purchase was made, so also not sure if that adds any weight to my claim.

spydersweb1

His terms state this:
"All orders above €25,- are shipped with track and trace only! If you choose shipping without tracking it is always at your own risk! Please ask for shipping costs! Insurance on request !! But standard on orders above €50,- !!!!!!"

[Deleted User]

As long as you paid via Paypal goods and services, you should win any claim unless he can provide a tracking number to show delivery. His terms are meaningless. 

mattyprice4004

I wouldn't worry yet, some parcels I sent to Denmark in mid-December still haven't arrived.
Royal Mail's transit link between the EU continent relies on a mix of air, road and ferries - all of which have been affected recently.

spydersweb1

mattyprice4004 said:

I wouldn't worry yet, some parcels I sent to Denmark in mid-December still haven't arrived.
Royal Mail's transit link between the EU continent relies on a mix of air, road and ferries - all of which have been affected recently.

What would you say, in your experience @mattyprice4004 would be a reasonable amount of time to wait before making a complaint?  I had two parcels from two sellers shipped, the tracked one arrived last week.

born_again

You have 180 days to start a PayPal dispute for non receipt.
TBH. Give it another week and then start it. It can always be stopped if you receive the goods.

the_lunatic_is_in_my_head

A parcel posted 21st of Dec arrived with the customer in the second week of Jan and that was UK second class. 

With the way things are I wouldn't worry for 4-6 weeks which I appreciate is a long time but having sent thousands of parcels all around the world loses are very rare but delays can be an issue. 

After that as above you have 180 days to claim with Paypal.

Pollycat

mattyprice4004 said:

I wouldn't worry yet, some parcels I sent to Denmark in mid-December still haven't arrived.
Royal Mail's transit link between the EU continent relies on a mix of air, road and ferries - all of which have been affected recently.

I posted a small parcel to Netherlands on 2nd December, tracked.

RM tracking showed that it had left UK Heathrow and arrived in Netherlands on 5/12.

The buyer contacted me to say it hadn't been delivered.

Tracking confirmed it hadn't been delivered.

I refunded on 28/12.

The buyer contacted me on 31/12 to tell me the item was delivered on 31/12, and tracking confirmed this.

I'd give it a little longer.

mikb

camelot1971 said:

As long as you paid via Paypal goods and services, you should win any claim unless he can provide a tracking number to show delivery. His terms are meaningless. 

His terms are strong!!! Many exclamation marks!! Makes it true!!!!

I suspect any business with terms that look that unprofessional has no grasp of their legal position, and has not taken any advice on the enforceability of this drivel.

the_lunatic_is_in_my_head

mikb said:

camelot1971 said:

As long as you paid via Paypal goods and services, you should win any claim unless he can provide a tracking number to show delivery. His terms are meaningless. 

His terms are strong!!! Many exclamation marks!! Makes it true!!!!

I suspect any business with terms that look that unprofessional has no grasp of their legal position, and has not taken any advice on the enforceability of this drivel.

Although most are, not everyone on Bricklink is a business.