Should couriers refund the price of items they lose?

QI had an item worth £34.99 that I returned to ebay seller Taps UK ( http://stores.ebay.co.uk/ Taps-uk) using the courier Parcel2go. I got a notification from the courier saying the parcel had been delivered, but Taps UK say it never arrived. Parcel2go has offered to refund the postage (about £3), but not the contents. Am I not entitled to be compensated for my goods as well? Vincent Wright

AIt may seem unfair, but Vincent may not be entitled to a refund for the cost of the item. Parcel2go clearly broke its contract with Vincent by not delivering the item and so had to refund the £3 postage cost. However, the company’s terms and conditions ( www.snipca. com/28208) state it will consider compensation for the item only if Vincent proves it wasn’t delivered.

He could ask Taps UK to back up his story, but it might then become a case of ‘your word against mine’, leaving Vincent no closer to a refund.

Crucially, Parcel2go will consider a refund only if Vincent proves it didn’t deliver the item (and was therefore lying). He could ask Taps UK to back up his story, but it might then become a case of ‘your word against mine’, leaving Vincent no closer to a refund.

He could argue that Parcel2go’s terms are unfair under the Consumer Rights Act, and take them to court. However, Parcel2go clearly states that because its delivery costs are so low, it can’t obtain cover for unlimited compensation and the customer should bear this additional cost. A judge may agree with this argument.

Parcel2go’s terms aren’t unique – Royal Mail has similar caveats. So unless and until someone challenges them in court, the best way to avoid disappointment is to insure parcels rather than take a gamble.