Buyer chooses NO shipping insurance and the item is lost, who is liable?

[Allstar 37]

I wanted to get clarity on this issue so I phoned Bidorbuy support today and they said if as a seller you offer an insurance option and clearly state that in your shipping terms then if the buyer chooses no insurance and the item goes missing or is damaged(due to the shippers negligence) during shipping then the buyer will be liable.

 

Conversely if a seller does not offer an insurance option for shipping then any loss will be for the sellers account, ie the seller is liable in that instance.

 

Is that info accurate and correct?

 

 

[mrmouse 12]

I would agree ,if the seller chooses no insurance option then he has made a conscientious decision not to insure for loss , his problem irrespective of what he threatens you with, he made the decision.

[Allstar 37]

People have previously mentioned something about the CPA rules that regard it the sellers responsibility to get the goods safely to the buyer, how does that work in regard to this situation in terms of shipping insurance being offered by the seller but not utilised by the buyer?

 

[mrmouse 12]

The CPA does state that the seller is responsible for goods untill delivered , if you have a tracking number which by rights you should have { otherwise you have no proof of items being sent ? then he can take you to task )if youre tracking is valid and he didnt choose insurance nobody can contest that , unless he has lots of time and money to do so which I would say is unlikely , at the moment some sapo letters are taking 6 weeks to delivery .tracking is available for non insured items .If you are selling coins and stamps its a worldwide problem which plagues thousands of numis...product sellers , there is no solution , track it

Edited July 15, 2016 by mrmouse

[Allstar 37]

The CPA does state that the seller is responsible for goods untill delivered , if you have a tracking number which by rights you should have { otherwise you have no proof of items being sent ? then he can take you to task )if youre tracking is valid and he didnt choose insurance nobody can contest that , unless he has lots of time and money to do so which I would say is unlikely , at the moment some sapo letters are taking 6 weeks to delivery .tracking is available for non insured items .If you are selling coins and stamps its a worldwide problem which plagues thousands of numis...product sellers , there is no solution , track it

 

I'm more interested in how Bidorbuy rules in this case, its all very well to say that you can give a buyer the run around but if Bidorbuy withholds the funds you will lose the money.

[Johan 7]

Hi All,

 

In most cases the person who sends the item is responsible for the item until it is delivered to the recipient. So if you deliver goods to customers you should take the necessary steps to ensure that the item arrives and that you are covered in case it does not.

 

Just as if a buyer returns items to sellers for refunds they are responsible for the item until it is delivered to the seller. So when it comes to insuring items or offering shipping options you should only offer options that are reliable and that you as a sender are comfortable with. I would also add that you should never send anything to anyone without a tracking number so that if a dispute arise later you have the necessary documentation to show that the item was sent and delivered.

 

So in the case where sellers say in their shipping terms that all shipping is done on the other parties risk and that the sender is not liable for any damage or loss would go against the CPA.

 

Should a buyer wish to make a special arrangement for shipping and want you to send items without a tracking number or insurance I would suggest that you get them to instruct you to do so in writing and also specifically indemnify you of loss or damage for the sending of the item. This being said I am sure that if this item goes missing there will still be disputes and complaints.

 

I hope that this provides you with some clarity

 

Johan