Item not received then later shows up

[1940bmwr12]

So I purchased an item that was lost by usps for over a month. It eventually did show up after I was given a refund and the seller was paid out through usps insurance. I could not find any answers in the eBay help section. My question is who actually rightfully owns the item now?

[rfmtm]

You, the buyer owns the item.  You do not have to send money or item back.

[albertabrightalberta]

This is an odd one because you shouldn't be able to profit (i.e., have both your refund and the item) but returning it to the seller would have the seller having both the item and the insurance payment. 

In a case like this, perhaps, splitting it would be the best way to be fair for both you and the seller.

[rfmtm]

The seller has already been made whole by the post office.  Just like the post office does not get their funds back, because it was delivered, the buyer does not have to return the money or the item.  If the seller was out his money that would be different, then even though not obligated to do so, the buyer should either pay or return the item.

[kensgiftshop]

If you were refunded by the seller and USPS refunded the seller, USPS owns the item.

[cichlid_gills]

Ownership becomes a moot point when delivery carriers fail to meet the service metrics they promise to fulfill to the customer. In addition the marketplace platform (in this case Ebay) also imposes service requirements that sellers must meet on behalf of buyers. The fact that you were able to file an INR means the marketplace's platform agrees that seller service requirements to the buyer were not met in a given time frame (for any reason). Ebay's process of restitution to the buyer is generally automatic in such cases and also represents the limit of liability the platform has to the buyer vis-a-vis buyer protection program. Sellers already agree to be bound by these terms for every listing they post on the platform. This is a risk but typically a small one sellers must consider when doing business with any online marketplace platform. Where the risk of lose of high dollar items can be potentially more upsetting for the seller, risk mitigation methods like shipping insurance, is a good option for sellers to hedge their risks. That appears to have been the case in this example.

Regardless, the fact that you finally received the item post obligation morally changes nothing for you.  As a customer exercising the free market right of initiating the transaction (i.e. you choose to buy the item, no one forced you to do it) you still retain the right of agency to keep or discard what was delivered to you as you choose. This is not a question we can answer for you. How the parties may have been compensated, or not, pre-delivery but post-obligation has never been pressing legal issue because the matter was contractually settled when the obligation was not met at the required time. All the parties had to agree to this before the transaction could take place.

FYI: All carriers will attempt to deliver their charges however they can. They never claim ownership of the deliverable at any time as they are only a courier party. Even if they have to pay out insurance claims (generally always 3rd party underwritten) and refund postage, they will deliver the package if they can. In cases were they can not the package will be discard, disposed (for hazardous waste), abandoned (international shipping cases), or auctioned off (where allowed).

[buyselljack2016]

May be possible that USPS will be getting in touch with the seller that received the insurance payment, but maybe not.

I know that if they refund for an uncashed USPS money order, and it later gets cashed they will go after that refund. Not sure how insurance works.

[rfmtm]

I have ask carriers as both a seller and buyer about repayment after a claim is paid.  All state that after 21 days and the insurance is paid, the case is closed whether the package is latter delivered or returned.

As far as ownership only UPS or FedEx, if they went out on a damage claim and picked up the item for inspection will either deny the claim and deliver the item back to the seller, or pay the claim and keep the item.