advice on items going missing...

[Midlife]

In law it's not at your discretion.......as I have mentioned before there has been an offer, an acceptance and consideration so there is a contract of sale in force.

You can't blame the Royal Mail (as they are in law not liable, you are) for non delivery so it's up to you to provide the goods / chattles as advertised or refund him..

Unless you can prove he's telling porkies.

Shaun

 

[lewis1641]

Shaun, you clearly seem to know your apples but are there any differences between a business and an individual?

 

[Magsy]

Give the money back, legally he has you over a barrel and it is always your responsibility as a seller to get the goods to his door, not the PO. The fight is between you and PO, buyer has no involvement.

What world do you live in where what you are doing is right? grr :twisted:

Oh and you spent the money before the goods got there? haha :roll:

Every seller I've dealt with on PB is like you! Ones to be avoided.

 

[Midlife]

Lewis1641

There are differences between a Business and a private sale, not in respect of the contract of sale, but a "business" has a more onerous side to the contract in terms of warranty.

I'm not a lawyer but have worked in retail LOL

Shaun

 

[1duck]

The way i understood it, the seller only has to post it...once it's in transit it's the buyers problem.

That said I've always found it better to refund completely, sure its annoying losing 15 quid but it's not the buyers fault. Unless of course it has arrived but they are claiming it hasn't. I consider it the risk of sending non recorded or not insured to the value i'm sending.

 

[suburbanreuben]

The way i understood it, the seller only has to post it...once it's in transit it's the buyers problem.

That said I've always found it better to refund completely, sure its annoying losing 15 quid but it's not the buyers fault. Unless of course it has arrived but they are claiming it hasn't. I consider it the risk of sending non recorded or not insured to the value i'm sending.

Nope . It's the seller's problem until it's delivered. I always send recorded. It's only an extra 75p over 1st class, which is itself only a few pence more than 2nd.
Fortunately, this is the first time I've heard anyone take such a stance on Retrobike.
A seller to be avoided in my opinion.

 

[1duck]

The way i understood it, the seller only has to post it...once it's in transit it's the buyers problem.

That said I've always found it better to refund completely, sure its annoying losing 15 quid but it's not the buyers fault. Unless of course it has arrived but they are claiming it hasn't. I consider it the risk of sending non recorded or not insured to the value i'm sending.

Nope . It's the seller's problem until it's delivered. I always send recorded. It's only an extra 75p over 1st class, which is itself only a few pence more than 2nd.
Fortunately, this is the first time I've heard anyone take such a stance on Retrobike.
A seller to be avoided in my opinion.

Paypal told me the opposite and took about 330 pounds off me, which i then had to reclaim through my credit card. Which lead to my paypal being limited.

It's like its one law for the internet and one for real life.

 

[Midlife]

The "I've stuck it in the post and it's all OK" rule usually only applies to an acceptance of a contract which was expected by post but was delayed and not delivered..

http://www.lawteacher.net/contract-law/ ... ndsell.php

And does not apply in this case......

Shaun

 

[Neil]

The way i understood it, the seller only has to post it...once it's in transit it's the buyers problem.

Why would that be?

In most cases, the buyer has had no part in the selection or employ of the carrier - why should that then be their risk, issue or matter to deal with (it's a different case if the buyer has arranged the carrier, though)?

 

[dyna-ti]

I dont think this thread can go any further :? Lessons learned