As an advocate I have a responsibility to ensure that the client – be they buyer or seller - are PROPERLY advised as to their respective rights and responsibilities.
You may have missed the post where I stated that I sell china and if it arrives broken – 5 claims in ten years - I ask the buyer to put in a claim with Australia Post, and is they do, and when they assigned any right to compensation arising out of the claim to me, I reimburse the buyer in full and pursue the claim (with AP); and I have yet to have a claim refused – well that not quite correct – they said no to one and but changed their mind when I got the ombudsman involved. I have in the past recommended this course of action to other sellers and will continue to do so. But I do this not because I’m legally obliged to. I do it because it no skin of my nose and keeps the customer happy.
But what happens when the buyer is confronted with a seller who says “it’s your problem not mine”. Your response appears to be to attempt to manipulate eBay Guarantee and PayPal Buyer Protection policy to provide an outcome it is not designed to provide, in the hope that, they, PayPal, in the initial stages will find for the buyer, and then, if the seller appeals and the decision is overturned, they, the buyer, can always rely on PayPal making a discretionary payment. The problem is, what happens when they don’t.
But there is an alternative. Instead of attempting to manipulate the policy, do what the Act tells you do. Give clear instructions as to how it is to be packed. Then if the seller ignores the instructions given, the buyer has a sound claim for negligence which they you can pursue in the small claims court. In the alternative, if the seller packs it properly and the sell again says your problem not mine, then the buyer still had a valid claim against Australia Post, and if they (AP) say no, a valid reason to lodge a dispute with Postal Ombudsman, who will take great delight in telling Aust Post where they can stick their decision.
