>>>One of our fellow hobbyists (an attourney if my memory serves me right) did the legal digging and found out differently.
Like I said before, if this "attorney" is correct, let him help this member recover his loss. Better yet, maybe this "attorney" should simply reimburse the member for his loss since he may have relied on that "professional advice" to his detriment.
PayPal, every major credit card company, and every court, will reimburse the -buyer- for a failure to deliver despite what is stated in the sales description. Why?
The simple fact is that the buyer has no risk of loss until he *takes possession* and thus he has no insurable interest. This is demonstrated by the fact that the post office will only provide insurance to the person actually shipping the item and thus only the seller/shipper may actually file an insurance claim.
If the "attorney" in this case is correct, you need not even offer the insurance option. You could simply place a small disclaimer in the description that you will not be responsible for "lost or damaged items". It has the same lack of effect and is just as useless since the risk of loss can't be shifted by simple disclaimer (Business Law 101).
Look, you folks can argue this point until the cows come home. I suggest you look at the reality of what actually happened in this situation and take careful note.
Have a good one.
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