“ When posters say that a seller's responsibility ends once they have handed over the parcel to the carrier they cherry pick the relevant legislation and always fail to quote it in its entirety which in fact states that the sender is responsible until the parcel is received by the buyer”.
Which legislation and which part of that legislation do you say states the ‘sender is responsible until the parcel is received by the buyer’
That is, is not the relevant legislation which governs all sales contracts the Sales of Goods Act (SoGA).
Doesn’t the SoGA stipulate that when it comes to specific goods they belong to buyer once paid for?
Doesn’t the Act also stipulate, when it comes to specific goods the buyer has a right to pick up the item, but should they request, or should the nature of the transaction require the item be delivered, then risk passes from the seller to the buyer at the time the item is handed to the carrier.
As for “All that is irrelevant anyway as it is Paypal policy that applies and your contract with them, as a seller, clearly states that you are responsible unless you can prove you have sent the parcel to the address in Paypal.”
Does not the above contradict what you said above, in that don’t both PayPal Buyer and Seller Protection mirror what the SoGA says who is a risk once the item has been handed over to the carrier..
That is doesn’t the policy say that they (PayPal) are not providing a policy of insurance. That is they don’t underwrite the risk referred to above.
That is doesn’t the policy say that the protection is limited to the provision of a recovery service – that is they will only reverse the transaction if a right to recovery has been established.
That is doesn’t the policy say, if postage is proved, a right of recovery may not exist.
Doesn’t the policy state that the minimum proof required is a dated receipt from the carrier which shows something was sent to the suburb in which the buyer resides.
As for “As click & send is cheaper than regular post and qualifies for PP seller protection I am at a loss to know why everyone doesn't use it!’
The last time I checked you can’t use it for large letters and most of what we sell is sent by large letter. Therefore for a significant number of sellers they have to find some other way of protecting ourselves against item not received claims, which is where a postal register come in. That is if the SA Supreme Court will accept such a register as proof of postage, if PayPal say they won’t, then when that decision is disputed, it’s a no brainer as to what the FOS will find.
In any event, my rationale behind including registered post in my listing is not so I can prove postage. The reason why I include it is because it reminds the buyer of the risk inherent with sending things buy regular post and they are the one at risk and encourages them to mitigate that risk by purchasing increased protection.
Increased protection because it significantly reduces the risk of the item being lost, because it requires the item to signed for on delivery. Therefore it precludes the possibility of the item being stolen because no one was home and it was ‘Safe Dropped”.
Increased protection because, if the item is lost, and PayPal decide not to make a discretionary payment - and the indications are they are becoming more and more relucent to do so – then the buyer has a far better chance of being compensated by AP than if the item had been sent regular post.
Needless to say, If I offer to take the time and trouble to stand in line so that it can be registered and the buyer says no by selection a cheaper less safe option, then I see no moral obligation to further protect them the poor decision they have made.
