Item lost in post

l recently had two purcheses lost in the post.   When approached one seller made an immediate refund.   The other (with limited e-bay experience – his feedback score was around 30) pointed to his conditions which stated that no responsibility would be accepted for lost items unless the buyer had paid for Signed For or Special Delivery and offered a 50% refund as a gesture of goodwill.   I pointed out that my understanding of e-bay procedure was that if an item was lost in the post it was up to the seller to make a full refund and take up the loss with Royal Mail (and his conditions were incompatible with e-bay precedure).  I also said that, in order to check this, I was prepared to start an “Item Not Received” case.   This resulted in a long and abusive message which accused me of being a scammer, and threatened “your name WILL be posted on several “bad buyers” lists on the internet”.   He also said (with bad grace) that he would make a full refund, although he has not as yet done so.   If the refund has not been made by tomorrow morning I will open the “Item not received” case.

This raises a number of points:-

(1) am I correct in my assumption that if an item is lost in the post it is up to the seller to make a full refund and claim off Royal Mail?

(2) if a refund is made do I still have the right to leave feedback?

(3) is there any action I can take over the abusive message?



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