Fedex
Returned $8500 Watch Lost or Switched, Refund Refused

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 a replacement or a refund. They agreed to arrange a collection with FedEx and to have the watch replaced or fixed, with all the charges to be taken care of by them. A few days later the 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 wrapped with styrofoam and put in a FedEx box. I was assured by him that he was going to pack the watch in a FedEx box once he was in the van. After a 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, just some cheap stuff. It is either stolen, lost or switched while in transit. We have contacted the police and there is an investigation going on.

Meanwhile, the seller and a legal officer advised us to file a claim. We tried filing the claim ourselves, but FedEx refused because it was the seller who arranged the pickup and they were the customers, so they had to file the claim. So they did, but FedEx said they are not prepared to refund us the money because they say that we did not pack the watch in a box but in flimsy packaging and we did not take extra insurance on it, which is 75 cents per $100. We had no idea we were supposed to take it, because the seller said he was going to pay for all the costs since he sent us a defective item, and the seller did not take extra insurance and did not even tell us about it. Neither I nor my partner had ever used FedEx before, and it was not us who arranged the collection but the seller. He never told us anything about this extra insurance and the rules around packaging. Neither FedEx nor the seller is accepting responsibility, and we are in agony that we have lost something that had sentimental value as well as so much money.

We are stuck in the middle and have no idea where to start to get a 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, or who to sue. I do not know consumer laws in the US, or whether we even stand a chance of winning this case if we were to go to court, because this was an overseas purchase. Is it possible to sue either of these companies from here?

Company: Fedex
Country: USA
Site: fedex.com

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