Please clarify: seller liability for lost packages

[gkline5]

Obviously, most packages arrive safely to their destinations.  If that wasn't the case, complaints against carriers would be rampant and insurance rates would be sky high.

USPS has a very good track record, generally speaking.  Your experience may vary depending upon your area (some great, some not so great), and also depend upon your living situation (neighbors, neighborhood, placement for left packages, etc).  If you are selling expensive items, where the impact of loss is high, its likely buyers are most of the time coming from safe neighborhoods.

With an eBay transaction, there are 3 main parties involved directly with the item:  Seller, Courier, and Buyer.  Seller has the item and ultimately the Buyer receives it.

But what of the Courier?  Well, even if they have a fine reputation, there is always the chance for package loss.  If you ship by Priority Mail, there's a default amount of insurance included.  But... what about when shipping items beyond that value?  Who is liable for taking out that insurance--the buyer or the seller?

Well, it sure seems like it's the seller's responsibility for buying insurance.  The Buyer is not really given a choice other than the basic shipping methods.  The Seller selects the insurance option when they're paying for the shipping label.  There's also the added cost of signature confirmation.  Again, the buyer doesn't have the option of selecting this--only the seller, which means they pay for it. Signature confirmation is a kind of "additional insurance", although some buyers balk at that because of inconvenience (like never being home during weekday delivery and comes home too late to make it to the post office).

MY QUESTION IS THIS:

Who is liable in THIS scenario?  

--> Seller has bought insurance and has the item shipped. The Courier drops off the package and marks it "Delivered" on the tracking website. The Courier considers that their job is done.  But now, your Buyer says "It never arrived!".  The Courier left it in the "usual spot", either vestibule, behind large planter, whatever... but unfortunately, something went wrong -- perhaps some kid with too much time on their hands after getting out of school early manages to spot the mailman drop off that package.... and they take it.  Package gone, for good.

The Courier says "Not our problem -- we successfully delivered the package.  It's now the buyer's responsibility."  The Buyer says "I paid to have my package delivered and it is gone.  Seller is responsible for refunding my money!"

I think this scenario is completely unfair to the seller.  And yet, I do not see eBay adequately explaining this.  How does the Seller protect themselves from this potential problem (which I'm sure happens from time to time)?

ADDENDUM:  Please, if you can, point to an official eBay page somewhere that clearly explains this.  I do appreciate opinion and experience, but to my mind what eBay says is the defacto rule.  HOWEVER, if they do not state it... then I suspect when such scenarios arise, eBay has to treat these on a case-by-case basis every time.

ADDENDUM2: In researching this scenario, I've come across many topics in the community where people emphatically declare the Seller as responsible for the item making it into the hands of the buyer.  Well, I'd personally consider it "reasonably responsible"... If the buyer doesn't have a secure spot, or is exposed to high foot traffic, then... how can the seller ever guard against that, the buyer's own home vicintity?

[house*of*paws · Accepted solution]

Hi again,

I'm starting a new post so that you don't miss the information.  Here's the 'clearest' policy I've found so far regarding the scenario you asked about.  [Specifically, look under the heading 'Provide tracking information'.]

http://pages.ebay.com/help/sell/item-not-received.html

In searching for the policy, I got the definite impression that eBay is hesitant to state clearly that a situation exists where the buyer doesn't have protection.

I'm a buyer only.  I think I've answered 3-4 questions in the past week where buyers asked how they can get a refund when tracking shows delivery of an item that they haven't received.  [It happens more you'd think.]  I usually tell the buyer that neither eBay, the seller, nor the insurance company is responsible in this situation ... that the issue is between them and the shipping company. 

I also mention that it's happened to me several times ... and is generally the result of one of the following situations:

1)  Package was misdelivered.  [Ask mail carrier if they remember where they delivered the package.  Hope that the person receiving it is honest enough to either bring it to you or the post office.]

2)  Package was removed from location for safe-keeping by a family member or neighbor.  [Ask around.]

3)  Package slid behind something in the mail room or mail truck after being scanned 'Delivered'.  [Some packages are scanned BEFORE delivery.  Plead with the postmaster and mail carrier to look around for it.  One if mine was recovered from a slot in the mail truck; another from behind a file cabinet.]

4)  Package was stolen AFTER delivery.  [There's not much you can do here ... except perhaps filea claim with your homeowner's insurance.]

Buyers are understandably upset when this happens and often file 'item not received' disputes.  I remember two cases recently where the sellers lost the dispute initially.  They were advised to phone eBay, give the rep the tracking number, and insist that they look it up online while they remained on the phone.   [And also ask for removal of bad feedback if left.]  To my knowledge, both cases were reversed.

Hope this helps.

[angelgirl327]

If the package shows delivered to the correct zip code/city - then it's the buyer's problem.  The seller and ebay have no further liability.  If the buyer opened a case, the seller would enter the tracking showing delivered and call customer support and the case would be closed in the seller's favor - plus any defects would be removed.  The buyer could not leave any bad feedback. 

If the tracking shows delivered to a different zip code/city - then the carrier is responsible for mis-delivering and should pay an insurance claim. 

If tracking shows delivered to the correct zip code/city - the carrier will do nothing. 

Yes, it is the seller's responsability to insure the package - since it protects them.  The buyer has ebay's Money Back Guarantee if the tracking doesn't show delivered or the item is damaged.  The seller can work that amount into the price of the item or handling cost.   Signature confirmation is required by ebay/paypal for anything over $750 - even if the buyer doesn't like it. 

[mg152]

If it's scanned delivered, it's the buyers responsibility. Once it's delivered you or The courier are not responsible. How can you be responsible for things stolen out of a mailbox or off a porch?