Do I Just accept A Loss?

[jcur5237]

Hi all,

[scifan57]

You'll have to give us some more information before anyone can give you a meaningful answer.

[jcur5237]

Hi,

I'm not sure what happened to the rest of my message. It disappeared . I haven't had time to re-do it until now.

Basically I won an auction on an item almost a month ago now. The item hasn't arrived yet. I know the seller has mailed it because she had a tracking on it. I can follow the date she mailed it, June 6 and when it went to the postal facility in the area for sorting later on that same day. The problem is that it doesn't show as ever having been sorted or leaving the postal facility.

If it never arrives I can't really ask for a refund because the seller did their part in mailing to me. Is that correct?

[leb17 · Accepted solution]

Hi jcur5237

"If it never arrives I can't really ask for a refund because the seller did their part in mailing to me. Is that correct?"

No it is not correct, it is the seller responsibility to get the item to you as TOS (Terms Of Sale).

You have 45 days from time of payment to file a INR (Item Not Received) with PP (PayPal)

They might have tracking on the item but if it don't show that the item was delivered then the seller will lose the case. 

[scifan57 · Accepted solution]

You have PayPal buyer protection that will guarantee you a refund if the item never arrives and you open the item not received dispute before the 45 day time limit expires. The seller's protection in a case like this is postal insurance,which will cover his loss. The first step is to contact the seller and ask for a refund. If he agrees,great. If he doesn't agree or you have no luck in contacting him,open the dispute. Do it no later than day 43,to be safe.

[reallynicestamps · Accepted solution]

It sounds like the seller has Delivery Confirmation, and not tracking.

DC shows when the item is 'accepted for mailing' and might show when it crosses the border and will show when it has been accepted by you. Nothing else.

From the USA it takes from 10 to 30 calendar days for an item to arrive.

If 30 calendar days have passed since the purchase, first contact the seller with the problem. She may be able to solve it.

I would not accept a replacement item, because I am a nasty-minded cynical old biddy, but a refund would make you whole and would deserve positive feedback.

If the seller has no useful solution that would reimburse you within Paypal's 45 day Dispute deadline, file that Dispute and get your refund,

If the item shows up after the refund is received, you must ethically refund the refund or send the item back. You can't keep both or karma will get you.

[jcur5237]

Hi all,

I have heard back from the buyer recently. They have offered me a refund minus the shipping cost.

I'm not sure if they had shipping insurance so that may be why they are only offering the cost of the item for refund.