Question Regarding Both Buyer & Seller Protection in an item that was lost by shipping Company

[Samcrac]

I am going to present the scenario I am in and then my question.

A buyer paid the seller.

The seller shipped the item via UPS.

The item shows it was checked into UPS system and dropped off VIA tracking number.

The reciept shows the buyer purchased both tracking, and signature services.

The item showed a few tracking updates.

The item was never delivered. 

A lost package trace was started with UPS.
UPS never found the package* (this part has not happened yet, still waiting on trace).

It is clear that neither the buyer/seller is at fault, but UPS is. In reading through the seller protection page, and citing the requirements below, it seems to me that both the buyer and the seller should be protected in this specific case (if it goes to a dispute). Please advise.

Thanks for your help.

Initial Requirements

• Ship to the address on the Transaction Details page. If the item was sold through your site, make sure you’re shipping the item to a confirmed address.
• The item sold must be a physical, tangible item that can be shipped. This means intangible items such as digital goods and services aren’t covered.
• If we request documentation or other relevant information, we ask that you respond promptly (typically within ten business days).
• Your permanent address (listed in your PayPal account) must be in the United States.

Additional Requirements

For “Item Not Received” cases:

• The payment must be marked “eligible” or “partially eligible” on the Transaction Details page.
• You must provide online tracking to be eligible for protection.

[DPCreations]

If it is not delivered then it is clearly not elegible for PayPal seller protection.

If it is not delviered the buyer needs to get a refund from seller.

Those to factors have nothing to do with delivery service loss; that is a seller issue alone.

After providing refund to buyer, then seller has the option to recover costs from shipping service.  This would only apply if any shipping service were included by seller.

Caution is required when deciding when a package is lost.  If a refund is given too soon and the package then arrives buyer is under no obligation to return refund.

[lancelotme]

The seller is responsible for delivering the goods to the buyer ,if it is missing,and past the deadline,seller would have to refund in full and then take it up with the carrier.

If UPS has found the package after refund,you can ask them t o return the package to you,or try doing a recall,may be they would find it.

Is this an iphone? 

[sharpiemarker]

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@Samcrac wrote:

I am going to present the scenario I am in and then my question.

A buyer paid the seller.

The seller shipped the item via UPS.

The item shows it was checked into UPS system and dropped off VIA tracking number.

The reciept shows the buyer purchased both tracking, and signature services.

The item showed a few tracking updates.

The item was never delivered. 

A lost package trace was started with UPS.
UPS never found the package* (this part has not happened yet, still waiting on trace).

It is clear that neither the buyer/seller is at fault, but UPS is. In reading through the seller protection page, and citing the requirements below, it seems to me that both the buyer and the seller should be protected in this specific case (if it goes to a dispute). Please advise.

Thanks for your help.

Initial Requirements

• Ship to the address on the Transaction Details page. If the item was sold through your site, make sure you’re shipping the item to a confirmed address.
• The item sold must be a physical, tangible item that can be shipped. This means intangible items such as digital goods and services aren’t covered.
• If we request documentation or other relevant information, we ask that you respond promptly (typically within ten business days).
• Your permanent address (listed in your PayPal account) must be in the United States.

Additional Requirements

For “Item Not Received” cases:

• The payment must be marked “eligible” or “partially eligible” on the Transaction Details page.
• You must provide online tracking to be eligible for protection.

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For some reason the second point under additional requirements is incomplete.

"You must provide Proof of Delivery as described below in Section 11.4." is the full text.  Don't know where you copy and pasted from

11.4 in the same section, says that tracking has to say that the delivery was completed with date of delivery and who signed for it, if applicable.  Just having tracking is not enough!

Sorry.