Item not arrived, lovely seller refunded, but who is actually liable?

[llandb]

So, I bought a book, buy it now, free p&p

After a couple of weeks, the seller contacted me to say, very sorry, for some reason PO had returned the package to him (the seller).

I have known the PO to confuse addressee and sender before, very plausible. Seller said he would re-send (don't know whether he had to pay for this or PO accepted responsibility).

But package still not arrived, now about 6 weeks later, not at my PO depot.

So the seller very kindly refunded me in full (unasked) and said he would pursue the PO. (Obv. I have left very good feedback )

My question is, is he actually liable to refund me? I gather that if he has proof of postage, I'm liable for the loss and if he doesn't, he is liable.

If he is going to pursue a claim with the PO, then presumably he has proof of postage, but presumably without insurance, they won't refund him - so I am supposed to pay him back. (Actually since he was so quick to refund me, I absolutely believe that he did post the package, proof or no proof).

What are your opinions and WWYD (would like an idea before I reply to him to say 'thanks for refund but....')

Ta

The seller has acted very well and you should praise him.
he can claim from RM. He has refunded you, promptly, without being asked, and re-posted without asking for extra postage from you, you couldn't ask for more.
You may get a letter from RM where you need to confirm that you didn't receive the parcel (please do this because otherwise he won't receive a refund) but that's the end of it really.

the only thing I can suggest is that you double check your address on ebay and on paypal.

oh, and yes, he is liable whether he has proof of posting or not. a seller is responsible for getting the item 'delivered' not just posted. he sounds like a great seller. - book seller you say? Yep, we are fab!!

Thanks for the info, SLM - a search through ebay help had left me none the wiser, so I'm glad you came along!

I will double-check the addresses as you suggest (never occurred to me to do so with the seller). But I think they are fine as I do what I regard as quite a lot of eBay-buying, and almost all ebay items I have bought before and after this item have arrived (also doesn't explain why it's lost in the post on the second attempt).

And thanks for the advice about getting a letter with Royal Mail! Do you have any idea how to go about this, e.g. which department (as when I've tried to deal with RM in the past with regard to lost parcels, I've been shunted from helpful but unsure person to helpful but unsure person).

Also, I get a lot of packages. I've been doing a lot of book-buying lately, for Christmas and birthdays; also, almost all of the 'stuff' I buy - my clothes, DD's clothes, toys, and such - is pre-loved from eBay. So I could hardly expect the postie to remember 'not' delivering a package to me when they're constanly knocking at my door

I suppose that RM would just have to rely on my word that it never arrived?

Don't suppose I'm allowed to say which eBay seller he is, but I seem to have accidentally posted a link

And yes, I agree, you booksellers are the best! Thanks again

Don't worry about getting the form from RM. You may not get one at all (the seller may not even claim) If you do I belive it is just a simple signature they require to confirm that you didn't get the parcel.

The seller does seem totally genuine.

oh and no - bookBUYERS are the best!