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on 15-08-2012 06:47 AM
TB - please note
My responsibility to my customers does not END when I hand over goods to Aust Post- for a whole range of reasons, not the least being customer service.
My comments were made in response to the quoted passage in your post 8 namely “Whilst lodgement proof may be suffice to avoid a paypal refund - what about the buyer as they are out of pocket ? it falls on the seller to refund - or I suppose some might hope that paypal may make a discretionary to the buyer ( noting that paypal do not advise the seller of this anyway !)”, which I took to mean that you are of the view that, if the buyer assert the item was not received, and if PayPal refuse to provide the buyer with a discretionary payment, then it falls on the seller to compensate the buyer for their loss.
Now, if this remark was made on the basis that to do so is simply good business because it keeps the customer happy, then I accept your right to proffer that opinion, but I would request that in future you qualify you comments so to leave no doubt as to the context that they were made.
However if this comment was made on the basis that you are of the view that if PayPal refuse to compensate, then there is a legal onus on the seller to compensate the buyer, then you are very much mistaken and you will find I will correct your mistake, if for no other reason than, if I fail to do so, your comments could mislead both buyers and sellers as to their mutual obligations and rights when it comes to distance selling.
Bluntly put. If you buy something on line and you fail to insure it whilst it is in transit, and should you not receive it, and if the seller has proof it was sent and sent to the correct address, you have no legal claim against the seller be it via PayPal or in a small claims court.
“ Further, if a parcel is missing it is THE SENDER that has to initiate a missing parcel investigation and seek compensation”.
The fact that, for the purposes of its “discretionary” claims process, Aust Post requires that the sender initiates the process has everything to do with administrative convenience and nothing to do with who is entitled to the compensation. That is though the sender initiates the claim, as the lost goods were the property of the buyer, should Aust post accept the claim, there is a legal onus on the seller to pass on that compensation to the buyer.
‘And ... re your earlier post regarding express post not being acceptable for paypal seller coverage - that is not the case’
As post 19 was my only post re this thread, to what earlier post of mine you referring to.