hello community. I have a question. See if I am wrong in my position. I sold something to a forum member here. He received the package and everything went ok. I received payment. All went well. Then a couple days later. He stated that I made a mistake and the package I sent was not as described. I said ok. Said I’m sorry since it was my mistake. I refunded him the money out of good will without even getting the package. He sent it and gave me the tracking. This all happened in December. It has been five months and nothing of the package. I asked him to refund me back the money that I sent back out of good confidence. He says no because it’s not his fault that it went missing. I feel that is what the insurance is for. It is not my fault. Technically no one refunds the money until they receive the package back as it was found. But I sent it anyways to have him happy. My question is this. I have waited 5 months for the package and nothing has come up. So I feel that the money should come back to me and he should deal with the shipping company and the insurance. Thank you omega forum for the help.

Greg

 

Name & Shame. Quickest way for the situation to move IMHO

 

@MaiLollo

Am I right. Or am I on the wrong?

 

Well you sent the money & package went missing. I think you're in the right. Shipping insurance is a pain, but I think the burden is on him, because as stated you sent the money back before receiving the package. He could have both money & watch right now...
It's always good to have both sides of a story

 

Exactly. It’s been five months. Nothing has turned up. I feel I have been patient enough in the matter.

 

I believe the onus is on the sender to deal with insurance claims.

 

The only circumstance I can imagine that would put you in the wrong is if you agreed to pay for return shipping, and you instructed the buyer to not bother with insurance. In any other case, with the information you’ve given, I think the onus is on the buyer to claim from the insurance and refund you.

 

Nope. I did not deal with shipping in any way. He picked the company. He picked insurance. It was all on him. I didn’t agree to anything dealing with shipping. I stated. Ship it back. Here is your full refund.

 

He said he’s not responsible because it was lost in my country. Not his. So he stated. Couple minutes ago. That we should spilt the costs 50 50 because it’s not his fault. That it’s lost. I have never heard something like this. If he didn’t insure it. Not my problem. But if he did. Then he should get his insurance. And refund me.

 

It seems like part of the story is missing, right? I mean if I got the tracking number and 2 days later it shows it isn’t moving then we have a problem. After 5 months it’s unlikely to appear (unless it’s coming via the pony express). A shipper can get a tracking number without ever sending the package. If the shipper didn’t send the package then they stole it from you. If they did send it, what is the company saying about the location of the package? When/where was it last scanned?

 

It was sent from Europe to USA. I am located in Florida to be exact. It was last scanned December 25th. In NY. Hasn’t moved since.

 

One thing... if the buyer felt you’d grossly misrepresented something then he may feel less obliged to try and help out. He might feel he’s wasted time and effort already, and might not be willing to make even more effort. I’m not saying that this would put him in the right, but maybe it would help explain his position. What kind of $$$ are we talking about ?

 

Is it in customs?

 

It wasn’t something fake. Or anything crazy like that. Just a simple mistake on my end. That can happen to anyone.

 

I had something disappear in NY for around 3 months (shipped from Europe), and then it just arrived with the buyer one day.

 

This is why it's best to "name & shame". Both sides give their version, and an arrangement can be found.
Maybe you could agree not to move money around until the claim with the shipping companies is settled? It would avoid having to reverse payments several months down the line, especially since it looks like an amount that you both can live without...

 

Well you see my feedback and you know I’m good for it. So if I get the package. I will return you the money. But why is it on me the burden.

 

Just do 50% and if noles_88 receives the item back he will pay you the 50% back. And if you get the insurance you pay him the 50%. End of problem. Have a little faith people!