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advice needed regarding shipping and refunding

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Ok, I really need some 'legal' advice, as I'm pulling my hair out of my head at the moment. Someone bought something from me, about a month ago. He paid through Paypal. I send out his things a couple of days later, and got a tracking number, which I also mailed him. After 2 weeks I got an email from him, saying his package didn't arrive. I mailed him back saying he should give it a couple more days. I looked at the status of his package, and it said it was delivered, but he claimed he didn't got it.

A couple of days later a new entry appeared at the tracking website, so it was still in process. He filed a claim with Paypal, for a refund. I immediately provided them with his tracking number as proof. Today, I found out he provided an incomplete adress, so that is the reason his package his 'floating around'. In my terms and conditions (which he read and accepted, otherwise he can't order) it clearly states that the customer is responsible for providing accurate and complete information, which seems like a logic thing, right? I can't know if an adress is incomplete, I can't email every customer asking if his information is correct, he should have checked it beforehand. I kindly told him this, and that it was his responsibility.

I have already started an investigation for the package, but I don't know what they can do if a package has an incomplete adress? I also emailed Paypal again, explaining the situation, as he provided an unconfirmed adress, if I would be eligible for the seller protection program, as I don't want to refund him, as it's clearly his mistake. I have proof of postage, a tracking number, and a customer who provided in-accurate information. Now he just mailed me, and asked me for his money back. Why would I do that, as it's not my mistake, and the package might still arrive? I want to wait for the results of the investigation. I know, it would be 'nice' to refund, but it was his fault.

It happened to me once more, when an order didn't arrive, but that wasn't due to a wrong adress, it probably got nicked, so I re-sended that order, no problem, I want my customers to be happy, but when I get bombarded by emails everyday, and I try my best to explain the situation, and when it's clearly due to in-accurate details provided by him, am I obliged to refund him? I will def not refund him myself, if Paypal decided he is eligible, then so be it, but I doubt it, since I provided them with a tracking number and explained the situation. :(

I feel really terrible about this. Has this happened to anybody else, if so, how did you handle this? Please keep in mind that we are a small company located in the Netherlands.

Regards, Wendy

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