Stolen Lens - Here's the REAL moral dilemma

[ASRafferty]

Now that we've done the postal system bureaucracy in two countries (http://www.largeformatphotography.in...d.php?t=43061), here's the immediate problem:

What's the right thing to do about my sale of the lens to my buyer?

I performed to the best of my ability in exchange for the sale price, but my buyer doesn't have the lens through no fault of his own. He's thinking of asking his credit card company to go after the money from my PayPal account. He bought several items from Ted's estate, and this is the only one that went astray.

Should only one of us have to wait for the insurance claim to be paid, and which of us should that be?

Or, should I send him half the money back so we're both equally out-of-pocket til the claim is paid, when we'll both have the remainder of what's due us?

I know what I'm inclined to do, but would value opinions from you all.

[Ash]

I think it depends on the item cost, and the buyer.

Once I had an item go walkies by recorded post. The item was £30 and I was so sorry to the guy - I offered to refund him once the claim went through but he just called it a day, a bad experience. That's a very isolated case.

IFF the item won't be returned to you - I think the 'ideal' is you refund the total cost and it's down to you to track the item and make the claim.

IF the item can be returned (the seller on ebay should really offer to return it to you as it is your property, you have date-stamped records to prove this) then the buyer should hold out for the item to eventually end in their lap.

If neither is certain, 50/50 as you say.

[ASRafferty]

It's $500, Ash... I don't think "chalking it up to experience" is really a good option for either of us, but I appreciate hearing about your go-round with this type of situation.

[Bill_1856]

Ask the buyer what he wants to do about it, and then do it.

[ASRafferty]

OK... what's your thinking on the buyer's entitlement being greater than the seller's, Bill? Not sure I see why that is.....

[Ash]

Amy, I meant that those are the 3 options. No way did I mean that you should say "oh well! never mind!" !!


Either go halves or have the buyer wait until you get a resolution. You both should be happy in the end.

[eddie]

if the buyer has bought from you before and knows you deliver it seems odd that he is already demanding a refund.....he knows the problems lie in the PO right. IMO the buyer should be more understanding!

you shipped it as was agreed. you are not responsible for the shippers actions. that is what the insurance is for. both parties MUST understand that certain steps need to be taken....and it may take some time!

both parties are out the same value. one the lens, one the cash! i see no reason why either should be out more at this time.

let the system run it's course.

i had a similar problem recently. fortunately my buyer was VERY VERY understanding and we all were reimbursed in due time. in the end we were both happy. i had deals with him before this happened and after.

$.02 from eddie

[ASRafferty]

Got it, Ash... just wanted to share what the scope of the cash involved was.

Eddie, the buyer is out his $500, which I have, so I'm not "out" anything right now.

[Joanna Carter]

I am not a lawyer but, in theory, if you have proof of posting, then you have, in theory, no obligation, in theory, to reimburse the customer. It would be, in theory, the customer's responsibility to make a claim against the carrier.

IOW, if you have proof of sending, the customer cannot claim their money back from PayPal. Once again, in theory, you have no moral obligation to reimburse the customer but you could be expected to help trace the point of loss.

Does that help your cogitations?

[ASRafferty]

Joanna, that's correct, with one technical caveat: it's the sender who files the claim with the shipper, and I have started that process.

But I feel that it's one of those situations in which satisfying the legal considerations doesn't quite rise to the level of satisfying the ethical considerations.