First off, you need to refund the purchaser his money... He clearly didn't get to use the tickets. You do have a claim, but it is with the delivery system you hired to perform the delivery for you.
As previously mentioned, you need to have them refund the shipping costs to you. You also need to read the paperwork you filled out regarding the shipping... DHL may say " It isnt broke so too bad" BUT that is not true, your out $125.00 plus the shipping.
You need to read the shipping agreement to see if they have an arbitration clause or some other remedial system to cover your loss. If they have any type of remediation or arbitration clause, then immediately begin and follow that process. If they do not have a no "lawsuit clause", then you can go down to your local district court and file a small claims suit against DHL for your losses.
The paperwork is very easy to fill out, and DHL gets mailed a copy and court date. You claim of action is quite simple: I hired DHL to deliver 2 NFL tickets and they failed to deliver them promptly or in the time frame I paid for, and their failure to do so, resulted in a $ 125.00 loss to the plaintiff. They therefore violated our agreement for delivery and because of their negligent actions; the tickets lost any pecuniary value they had. I therefore ask that DHL provide to the plaintiff restitution in the amount of the actual cash/face value of the tickets.
If they fail to appear, the case goes to trial and you testify that youre out the money etc, and a judgment is entered against them. In fact itll cost them more to send a lawyer than to pay you.
I've done this and won before. In fact there is a filing fee that you have to pay, and when you win, they have to pay that fee too as part of the judgment.
I've actually had two judgments, and when one of the companies ignored it, the Sheriff's Department went to the local facility and seized a bunch of office equipment for Sheriff's sale to satisfy the judgment. Funny, they ignored me for six months, but suddenly sent a check in 24 hours, when the deputies took their stuff.
I'm really not a fan of civil suits, but when I enter into a contract and I do my part and loose money, then the people responsible for my loss need to take it on the chin... If it was my fault, then I deserve what I get, but if it's not then someone needs to make it right. Your initial call to DHL sounds like your heading down my path. I probably would never have done this the first time, except for the arrogance of the customer service rep I dealt with.
The second time, I was familar with the system and knew that I wasn't going to take a hit for something I didn't do. Hiring DHL is no different than hiring an electrician. You wouldn't pay an electrician to install a light and not have it work, and still send him a check would you?
Give the guy his money back and do what you need to do ... Best wishes....
