Disclaimer for untracking low cost shipping service, am I protected from non received claims?

[durstfanatic]

I offer many shipping options for US and International buyers, tracked and untracked services.   I put a disclaimer in my listing that if the buyer choose the low cost with no tracking and no insurance (like Canada Post Small Packets Air or Surface) I will not responsable for lost or breakage.

Here what I indicated in all listings:

TRACKING AND INSURANCE

Please note that if no tracking is offered in your country or if you choose a low cost shipping with no tracking and no insurance, I can ship it to you but at your risk.  I will not refund the item or the shipping if the insurance does not cover loss or breakage.

I will pack all items with great care and appropriate materials and double boxed if needed to prevent any breakage.  Free packaging, no extra fees.   I will not charge more that what it is listed in the ads and I will refund if my shipping cost is lower.

Here some Canada Post services options:

Small Packets Air = no tracking, no insurance (Max 1kg to USA, 2kg International, max total of the 3 dimensions= 900mm )

Tracked Packets = tracking but max. 100$ insurance (Max 1kg to USA, 2kg International, max total of the 3 dimensions= 900mm )

Expedited Parcel, International Parcel, Xpresspost = tracked and full insurance (for most sizes and weights)

Am I protected and can give this argument later to my buyer or in the Resolution Center if the buyer escalade the case?

Or if I'm always responsable and will need to refund both the item and the shipping for a lost item?

Shipping from Canada with tracking is a lot of money. Xpress Post or Tracked Package can cost more that the item value.  No one will buy my items if I listed them only with tracked services. 
For over 2kg, Canada Post stop to offer International Parcel Air in the countries where XPressPost is offered.  Buyers didn't need such fast service as XPressPost, so expensive.

I don't know why Canada Post didn't offer their minimum insurance of 100$ for Small Packets and a tracking number (scanned at least in Canada).  I received often First-Class Mail with the E-Delcon.  Tracking number and it enter in Canada like Priority Mail.  We, as Canadians sellers on eBay, are disadvantaged with theses high shipping fees.

Thanks for your comments,

[dmil8030 · Accepted solution]

Hello 'durstfanatic', 

<<Am I protected and can give this argument later to my buyer or in the Resolution Center if the buyer escalade the case?>>

No, and no.  

Of course you can always mention anything you like in a claim if you think it will assist your defense, but ebay maintains that a seller is responsible to get items to the buyer and thus ebay urges sellers to use tracking.  Being able to prove Delivery online is the only sure way to win a 'not received' claim.  

Most 'not received' queries are due to impatient buyers so by all means, when the buyer sends a note of 'where is my item', ask the person to wait a bit and explain about Customs delays.  But if ebay always accepted a seller's word, -- can you not see how some dodgy sellers could abuse that?  

From the ebay info pages it says,  If you shipped an item without tracking information, you can ask us to step in and help. We review the situation, but may still find you responsible for refunding the buyer if the item hasn't yet arrived.

http://pages.ebay.ca/help/sell/item-not-received.html

Wherever it is reasonable to do so, ship with tracking.  On smaller items that is not always possible because it would make the items prohibitively expensive.   What most sellers do is 'self insure'.  Add  a few cents, or a dollar, to every item depending how expensive your items and the likelihood of a 'not received' claim.

Keep track of this extra insurance, -- it's not all just profit.

Then when you have to refund, you pay yourself out of your insurance cache.  Because yes, if a buyer insists an item has not arrived you will have to reimburse both the item and shipping cost.  

When shipping untracked items, self-insurance is the only way.  Most people are honest so those little bits will add up over time.  Otherwise as you say, using only tracking on small items would be an awful lot like not selling at all.  

And as for breakage, -- few things are as irksome as receiving a box of shards because some doofus was too cheap to use adequate packaging.  If you are selling fragiles use a ton of big-bubble wrap and styro peanuts in a large and sturdy box.  Add the cost of that into the item price.  People who buy fragiles know that packaging materials are not free and don't expect them to be.  No one wants a broken item and if it arrives in bits, yes you are responsible.  

Moreover, you do not want to scare away all those good buyers with an unenforceable disclaimer that intimates there is a chance you won't send the item then dangle your policy at them to get away with it.  There really are countries in the world where a disproportionate number of sellers don't send the item.  You do not want to sound like one of those.

So skip the disclaimers.

List with a 2 day Handling time and try to get it in the mail in 1 day or less, and let your buyers know when it is in the mail.  

[durstfanatic]

Yes I think you're right, it can scare good buyers. I will removed if it is not useful at all.
Shipping is not a problem in Canada and USA with Canada Post Expedited service, cost and delays are fine.
But International shippings options are really bad.
- No tracking for Small Packets Air
- All tracking services are really expensive
- Some countries simply didn't have Tracked packets International.
- International Parcel Service Air, tracking information is available only for events within Canada
- No International Parcel Service Air when Express Post are offered in the specific country
- Really hard to know what services will be offered in all countries (in eBay context)

I sent a wooden camera parts to Mexico on November 27 2015 by Small Packets Air, no tracking, still not arrived.
Item was 39.99$
For Mexico, a country that we are supposed to be Free trade... Canada Post didn't offer Tracked Packets International (medium cost) or Xpress Post (high cost) to Mexico. The only full tracked service available for Mexico is Priority Worldwide, the package will have cost 150.55$ canadians to ship!
I proposed theses three raisonnable services to the buyer (that was appeared in the listing shipping options too):
International Parcels Air $47.21
Small Packets Air (6-10 days) at 29.75$
Small Packets Surface (4-6 weeks) 14.60$
Buyer choose Small packets Air.

Even in the case of International Parcels Air with only tracking inside Canada, I supposed I will not protected from a "non received item" case.

Buyer didn't contact me first and opened a non received case in the Resolution Center December 27.
I proposed to my buyer to refund the item value and that she paid the shipping (as this is her choice).
Actually the buyer didn't answered back. What is the delay in the eBay Resolution Center. Is case automatically closed? I don't ask the intervention of eBay to close the case. I just wait the buyer answer. I ask if she received since that time and if she asked the Customs Office to see if the package is stopped there.

Today I received a message from a Bresil buyer. He finally received the two 35mm reels he ordered 3 months ago. Maybe in this case he decided for Small packets - surface mail. 2 reels worth 6$ so in this case Small Packets Air service is still too much.