In May I purchased a watch for my partner from America for $8500 and paid 1000 in custom fees and taxes. The watch arrived but it was faulty as one of the diamonds was missing. I immediately contacted the seller and asked for either replacement or refund. They agreed to to arrange a collection with FedEx and get the watch to be replaced or fixed with all the charges to be taken care of by them. Few days after FedEx guy came to pick up the watch from my house. He had a fedex bag with him but i told him i wanted the item to be warpped with styrafoam and to be put in Fedex box. I was assured by him that he was going to pack the watch in FedEx box once he was in the van. After few days we were contacted by FedEx and long story short the watch is missing well not missing there is a watch but it is not our watch but some cheap stuff. It is either stolen, lost or switched while in the transit. We have contacted police and there is an investigation going on.
Meanwhile seller and legal officer advised us to file a claim. We tried filing claim ouselves but fedex refused because the seller who arranged the pick up and they were the customers so they had to file the claim. So they did but Fedex said are not prepared to refund us the money because they say that we did not pack the watch with box but with flimsy pack and we did not take extra insurance on it which is 75 cents per $100 which we had no idea we were suppose to take because seller said he is goping to pay for all the costs as he sent us defect item and seller did not take extra insuarance and he did not even tell us that. Neither me or my partner ever used FedEx before and it was not us that arranged a collection but seller. He never told us anything about this extra insurance and rules around the packaging. Neither FedEx or the seller is accepting the responsibility and we are in agony that we have lost something that had sentimental value as well as losing so much money.
We are stuck in the middle and we have no idea where to start from to get refund or get the watch replaced. We have been to CAB but they were not sure either. I don't know whether to get a lawyer, apply to court, who to sue? Do not know consumer laws in US or do we even stand a chance winning this case if were to go to court because obviously this is an overseas purchase and is it possible to sue either of this companies from here?
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