Who is responsible?

[JustSusan]

I recently sold an item online (not an auction) and it was in excellent shape. I took pictures of the item a few days before I shipped it out. I stated to the buyer if she wanted insurance on it, she needs to pay for it. (I can't afford it at the moment) She said she wanted it but never paid for it so I didn't get the insurance on it. When it arrived, she contacted me three days later and said it was damaged. UPS said the package was not damaged and the damage she is claiming is easily fixable if it really is damaged. She has ignored my requests to send me pictures. However, she has stated she wants me to either refund her the money or get her a replacement. This was an expensive item. Who is liable for this?
Thank you in advance.

Hey, thanks for all your replies guys. I appreciate it.

Relax...it's Sat morning...and it's free!!!


If she was asked and refused insurance she is responsible not you. That was specifically discussed and she made a choice.

Sorry, I was up all night worrying about this and I am a bit grumpy. (Note to self....straighten up!) She didn't refuse insurance, she said she wanted it when I asked. But when I asked her if she wanted it, I told her upfront that she would have to pay for it. (My husband lost his job Oct due to downsizing and has not received any money to date). She blatantly ignored every request I made for payment for it. She paid $35 for shipping, actual shipping was $50. Of course I made up the difference and never mentioned it to her. The value of the item was $750.00.

I forgot to mention that when she made her complaint to me, she said I had promised to get it insured. I have saved each and every e-mail of this transaction and at no point in time did I come close to making any promises of any kind.

If you have acted in good faith throughout, have evidence that there was finalized agreement on the insurance issue, have date marked evidence that the item was in the agreed condition prior to shipping and the item was sold "As Is", it sounds like you do not have any problems.
The burden will be on the buyer to prove that the damage was there and the insurance was agreed to be your responsibility.