Question about liability, international shipping, and a lost item.

[Cognacad]

Hello everyone, I am looking for a bit of feedback regarding a recent lost item. I purchased a tie-bar from an American fellow on this forum. I paid regular payment over PayPal. I waited a bit and the envelope arrived and it was wrapped in a plastic bag with apologize from Canada Post. They said they are sorry the package was damaged and that they found it this way along the shipping route. I contacted them and they said they are not responsible for the product, but rather that it is the seller or the US postal service that is responsible. She cited some international mailing agreement. The tie-bar was placed (I'm assuming) in a regular thin white envelope. It was wrapped in a small piece of paper-towel. The envelope had a hole in the corner and no tie-bar was to be found when I opened the envelope (the envelope was placed in the plastic bag after they found it damaged). Knowing that the envelope is quite thin, the tie-bar is a small pointy piece of metal, and that a small piece of paper towel provides little protection, I feel as if the sender was a bit negligent in packaging the item. Do you agree? Who is liable in this case? Should I expect a refund from the seller? With regards to PayPal, it states that the following condition applies for potential claims: "The item was damaged en route to its destination. Example: Your antique vase was broken in transit." I have not contacted the seller, and for all I know he may be very helpful and this might not be an issue at all; however, I wished to ask for my own information. Thoughts? It was to be my first tie-bar

Edit: Don't think it was insured, just a USPS stamp with like 1.XX$ on it.

 

[JamesX]

I don't think the seller was negligent. The bar wouldn't have broke through the envelope under normal conditions anyways. There is no way anyone would have anticipated that the envelope would have fell out of the mail vehicle/plane.

No sure what liability there is, if it is insured then you can definitely get it back. I don't know if standard first class mail (I assume that was the postage paid) have automatic insurance up to x amount or not.

 

[Raoul Duke]

The seller should have purchased insurance on the shipment. Check with the seller.

 

[Master-Classter]

just my 2 cents, it sounds like the seller didn't package that properly at all and the result was not only possible but actually more likely then not to happen.

 

[in stitches]

this is why everything should be shipped in a box, when i worked with jewelry we would tape small items to the inside of the ups/fedex box for this very reason

as far as liability im no lawyer but its a lesson learned for someone thats for sure

 

[pebblegrain]

If you paid with regular payment, Paypal will side with you.

I'm guessing the seller will refund you anyway

 

[in stitches]

also you want your shipment to be very nondescript to prevent theft which could likely have happened here. eg dont have a return address that says "big diamonds r us"

 

[Cognacad]

Originally Posted by pebblegrain

If you paid with regular payment, Paypal will side with you.

I'm guessing the seller will refund you anyway

I am guessing he should and he may, just kind of sucks because it is either me or him out on the bill, but at the end of the day he may not have packaged it properly and did not insure etc.

 

[in stitches]

Originally Posted by Cognacad

I am guessing he should and he may, just kind of sucks because it is either me or him out on the bill, but at the end of the day he may not have packaged it properly and did not insure etc.

its nice that you have feelings like a human should but there is no reason for you to eat it here, you paid for an item you didn't get it, it thats simple whether or not he gets reimbursed is between him and the shipper

 

[Cognacad]

Originally Posted by in stitches

its nice that you have feelings like a human should but there is no reason for you to eat it here, you paid for an item you didn't get it, it thats simple whether or not he gets reimbursed is between him and the shipper

Yeah Canada post mentioned that the USPS should reimburse the sender, hopefully that will be the case. I will PM the seller. Thank you for the help everyone, I just wanted to make sure I am not being an asshole here.

 

[idfnl]

Originally Posted by Master-Classter

just my 2 cents, it sounds like the seller didn't package that properly

I'd agree, it sounds like the packaging was inadequate. A regular envelope is not enough for such a shipment, it should have been a poly mailer or at least the envelope wrapped in tape.

At least you know it wasnt fraud or it never shipped, it was just not packaged correctly. It doesnt have to be a box, but the packaging needs to be sympathetic to what is being sent.

 

[in stitches]

soooo we meet again, it does have to be a box

 

[pebblegrain]

Originally Posted by Cognacad

I am guessing he should and he may, just kind of sucks because it is either me or him out on the bill

and then, man invented something called insurance

 

[inter71]

Originally Posted by Cognacad

I Knowing that the envelope is quite thin, the tie-bar is a small pointy piece of metal, and that a small piece of paper towel provides little protection, I feel as if the sender was a bit negligent in packaging the item. Do you agree?

I completely agree with you!!! The sender was a bit negligent in packaging the item.

 

[SpooPoker]

Originally Posted by Master-Classter

just my 2 cents, it sounds like the seller didn't package that properly at all and the result was not only possible but actually more likely then not to happen.

Originally Posted by inter71

I completely agree with you!!! The sender was a bit negligent in packaging the item.

This.

/thread