aupost have lost item I purchased, seller wont give me a refund

[cherie-g-summer]

i puchased $360 worth of cymbals,  19/08/13 ,aupost have lost item, seller wont refund me until he gets parcel back.l(he had not insurance on it) we have since opened dispute with pay pal.

[davewil1964]

And.....?

What is your question?

[lyndal1838]

Just must make sure that you escalate the dispute to a claim within 20 days if the seller does not refund voluntarily.

[torco22]

The seller isn't obliged to refund for carrier error.....the seller is responsible to deliver to the carrier then the carrier assumes responsibility from that point on. The onus to insure lays with the buyer not the seller and if the seller has proof of postage then the buyer isn't eligible for Paypal Buyer Protection. Paypal isn't postal insurance, it protects against sellers who don't send or send the wrong items, but it doesn't protect against carrier negligence, lost parcels or misdeliveries. 

[cherie-g-summer]

OK thanks for that, so basically I will be $360 out of pocket unless the item is found,pity the seller didn't pay the extra $10 for insurance.I am now insisting on it for future purchases (I don't mind paying for price for piece of mind!

[*cre8ive_me*]

If it was the listing that stated:

"Note, I have these same cymbals listed individually, but keen to get them moving at a good price. If you're only after one or the other please make me an offer via those listings, otherwise get in while you can! Oh, and they are advertised elsewhere!"

I would be concerned...

Is that not a listing violation or 2?

I am sure someone else will be able to clarify.

[thecatspjs]

If the seller is unable to provide required proof of post to you then paypal may find in your favour.

Yes it is always a good idea to request insurance for items of higher value - some sellers offer appropriately insured post in their post price, or provide a choice of post options, but many don't or have unclear terms.

[bsal6160]

Yes creative it IS a listing violation. Items can NOT be offered for sale elsewhere.

[bsal6160]

Cherie,

Open a a dispute for "item not received" now. Do not let it go past day 45 after you paid for the item (via paypal i assume).

[cherie-g-summer]

Yes have done that, thanks-