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on 20-10-2013 02:08 PM
@crikey*mate wrote:
the disclaimer will be ineffective - your disclaimer cannot trump the law.
Disclaimers can't trump the law, but that is a legal disclaimer to make and many businesses do make just such a disclaimer (except on ebay, where it is a breach of policy to state that you won't take resposibility for lost or damaged mail unless a registered / insured service is selected).
Consider the scenario where a seller uses C&S without SOD - no cover at all, but proof of postage is provided. The buyer can not enforce a refund or compensation from the seller or Australia Post. The only reason PayPal facilitate refunds (from the seller) for INR is when the seller can't prove they posted, ergo (I presume) the assumption is that they didn't.
In a court of law, the proofs required would be quite different, and would encompass a much broader range of evidence.
I understand most of the time discussions here are limited to the world of eBay and PayPal, and there are practicalities involved when dealing with both, but the world is much bigger than those two. ![]()