Potential Lost Item/Non Delivery. As The Seller, Do I Have to Bear The Loss?

manbearpig on 13/09/2019 - 17:37

I am currently in Japan and sold some stuff worth a few hundred dollars on eBay to a buyer in the US. It was sent registered with tracking, however, the last update to the tracking was when it left the country. There has not been an update since, and it was sent about 2 months ago.

The buyer has kindly messaged me saying that they have yet to receive anything, and I am willing to work with them but was wondering what sort of protection I have, if at all.

PayPal will likely refund the buyer if there is no proof of delivery, and I understand the buyer should get a refund, but am I just then left to bear the loss of the item and money?

Registered post only covers up to around $100, so I will still be a couple hundred out of pocket.

Tracking is always iffy in other countries. I've had several buyers receive their items and leave feedback despite the tracking not showing 'delivered', so tracking really means nothing. This means that in this case, there is the possibility also that the buyer did receive the item but it's just not showing as 'delivered'. My point is that if tracking isn't updated properly, you really don't know if things are genuinely lost or if buyers are taking advantage of items not tracking properly.

So what are my options here? Are there any consumer laws that could help me against PayPal just refunding the buyer? Or is this just something I have to chin?

General Discussion

Comments

  • HighAndDry on 13/09/2019 - 18:16
    +1

    but am I just then left to bear the loss of the item and money?

    Yes. Ownership and risk changes when it arrives. Effectively the post lost your mail.

    This means that in this case, there is the possibility also that the buyer did receive the item but it's just not showing as 'delivered'.

    If the tracking shows it's missing, the onus would be on you to show that the buyer's received it.

    Are there any consumer laws that could help me against PayPal just refunding the buyer?

    The buyer is the consumer here, the consumer laws mean they get the refund.

    • Switchblade88 on 13/09/2019 - 18:30

      Normally I'd agree, but as this isn't Australia I'm less sure about how the rules apply to international tracking.

      I'd be getting further info from the tracking data first, see if there's any other details you can dig up.

  • whooah1979 on 13/09/2019 - 18:39
    -5

    Auspost owns your mail article while it is in transit. They may compensate you for x amount depending on their limited liability if you make a claim.

    • Wiede on 13/09/2019 - 21:38
      +4

      Austpost deliver from japan to US now?

      • whooah1979 on 14/09/2019 - 06:01

        Op wrote registered post and covers up to around $100 which is the basic auspost compensation amount. JP basic compensation amount is 10,000 yen per mail article.

  • JimmyF on 13/09/2019 - 19:12
    +1

    Registered post only covers up to around $100, so I will still be a couple hundred out of pocket.

    You can cover the item for more…… Its the risk you take when you don't take extra cover.

    But yes, give it 3 months and if it doesn't arrived, put a claim in with auspost, collect your $100 and you have to deal with the rest.

    Are there any consumer laws that could help me against PayPal just refunding the buyer?

    You're not the consumer here…… Those consumer laws apply for the buyer against the seller. You are the seller.

    Lets say you ordered from a australian online store and the item was sent and never arrived, you the consumer would want a refund.

    As its itnl I assume you sent it via the slow boat, so give it 3 months.

    • KSMLJ on 14/09/2019 - 00:04
      +2

      It's Japan to the US of A.

      Auspost not invited to the party.

      • JimmyF on 14/09/2019 - 20:17

        I read it as they are in Japan now, but the items sent from Australia etc, hence the $100 coverage, aka auspost standard coverage and asking about our consumer laws (this is a australian website).

        If this is the case it was posted from Japan, then who the hell knows about the japan post system, ask on japanbargain and no ozbargain.

        The same goes about why are they asking OZbargain about consumer laws in Japan.

        This post by the OP is just a mess. As 10,000 yen, which is what japan post covers is ~$134 AUD.

        So again, who really knows what the OP is doing, but seems to be wasting everyones time.

  • CC123 on 13/09/2019 - 19:42

    It was sent registered with tracking, however, the last update to the tracking was when it left the country.

    What did the tracking say? Can you post a screenshot of the tracking status or just the message?

    When was the last tracking update?

  • wekimekigugudan on 13/09/2019 - 19:52

    does the tracking number work on https://tools.usps.com/go/TrackConfirmAction_input ?

    • manbearpig on 14/09/2019 - 00:09

      Thank you. It does. Please see my comment below.

  • garetz on 13/09/2019 - 20:06

    Did you insure it ? if not then your are responsible for refunding the buyer, and the cost of the item.

    You might get lucky, and it might be returned to sender in the future if it indeed got lost.

    • manbearpig on 14/09/2019 - 00:11

      No, unfortunately, I did not. TBH, I've never insured an item. I just send things registered so that I'm eligible for PayPal seller protection against dodgy buyers.

      • Quantumcat on 14/09/2019 - 09:19

        The amount you've saved will have to cover this loss then

  • User210686 on 13/09/2019 - 20:42
    +3

    Contact USPS or Japan Post. Sometimes they can see tracking details that we can’t. Maybe it was delivered.

  • Randxyz123 on 13/09/2019 - 22:10
    -1

    Who does AusPost partner with when it gets to the US? When did it leave Australia? What were you selling?

    Are there any consumer laws that could help me against PayPal just refunding the buyer? Or is this just something I have to chin?

    No laws per se but nothing stopping you spending an extra few dollars for exact value insurance.

    You aren't the consumer, the buyer is. They are in their right to claim a refund.

    • KSMLJ on 14/09/2019 - 00:04

      It's Japan to the US of A.

      Auspost… not involved.

  • manbearpig on 14/09/2019 - 00:09

    Ah, yes, maybe consumer laws wasn't the right word. It's been a long day.

    I dug out my old receipts and found the one for this transaction, only to realise I initially input the wrong tracking number (for a different item I sent at the same time). The correct one still shows that it hasn't been delivered though.

    https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&t…

    Tracking shows that it arrived in NY in July, but it hasn't been updated since.

  • waade395 on 14/09/2019 - 01:03
    +2

    I had quite a rare item sent from Japan to Australia and it arrived damaged (but fixable). Auspost wanted me to surrender the item to them or else they would offer no compensation. Escalations with Auspost got me nowhere.

    The sender then contacted Japan Post and they immediately paid for the quoted repair amount. You might be lucky with the service culture of Japan.

    • whooah1979 on 14/09/2019 - 07:22

      JP may pay 10000 yen for lost mail articles.

  • manbearpig on 15/09/2019 - 22:47

    Wow, can you believe it?

    http://parcelsapp.com/en/tracking/RA026468630JP

    The tracking was updated yesterday, one and a half months after the last update…

    Hopefully this means it will arrive.

Login or Join to leave a comment
Login Join