Buyer says one of two items in package is missing and shipping bag is torn

[Alphaevo2 0]

Hi,

 

I just received a call from a buyer who states that they received their parcel this morning and that they only opened it this evening and after opening it they discovered that one piece, the most expensive one is missing. I package and shipped the parcel myself and know that it was in the bag. Now they almost threatened me via sms to say they will go through "other" means to get a refund if I do not compensate them within a time frame of their liking. I used an Aramex Prepaid bag as the buyer did not pay insurance for the shipment and it states at the bottom of the listing  under the bidding terms and conditions that we as the seller will not be liable for any lost parcels and damages while in transit. However I have had buyers with items that were damaged and other buyers with missing items. I have been assisting them all and replaced and refunded every order as needed. However this is a fairly large amount +_R4000. What am I to do? I cannot keep losing this is my only source of income and R4000 is almost a months worth of profit. Please I need help on what to do about this case.

[mrmouse 11]

No prepaid bags are insurable , if the bag wasnt damaged then very difficult to explain where the item is , maybe you should read the CPA for supply and delivery of goods sold , as far as I can remember the onus lies with the seller to make sure the buyer recieves all goods paid for ,if  so, unfortunately , you as the seller are responsible .irrespective of freight method chosen .

[Wodan 11]

I feel for you. My understanding of aramex is they offer no guarantee or refund. That said one time they mixed up a parcel I had sent and, after quite a few calls, they were able to address and deliver to my buyer. I am sure they don't want  to be accused of losing people's packages or dishonesty, so maybe start by complaining to them? Did you record the bag number on the waybill?

[Johan 7]

There are quite a few things to consider in these cases. . 

1. If a bag is torn when the courier delivers it, then a person should not sign for the goods saying it was received in good order. That way it is clear that the item was not delivered as agreed and the seller and or the courier would be liable to refund or replace the item as it is not delivered. 
2. When you receive a parcel then you should open it with the courier so that if the contents are missing then you have a witness and again you should not take possession of the parcel. Doing this it is clear that item was not delivered in good order and again the seller and the courier would have to resolve the matter with the buyer. 
3. Should you sign for parcels saying all is received in good order it get a bit trickier to determine liability. 
4. Insurance or not is almost irrelevant in the sense that the item remains the responsibility of the sender until the item is received in good order by the intended recipient (My understanding from the CPA). So the sender should really insure the parcel for their own peace of mind as they can not really penalize a buyer for not delivering the item they purchased. 
5. Items that get delivered to residential addresses via courier  needs to be delivered to the intended recipient and if the courier delivers it to another party then they might be in breach of their agreement of delivery and they could then be liable for damages of wrongful delivery. Please check the agreement of the specific courier in this regard.
6. If the the delivery address is a place of business where the person delivering the item does not have access to the recipient then that item can be signed for by a third party such as a receptionist and after that the courier will have concluded their obligation. 

I am sure that the situation that you are dealing with will most likely have it's own mix of circumstances as indicated above and I would look at that carefully before you make a decision on whether to refund or not.