Item - Badly Damaged

Neil79

Neil79

Neil79

Caporegime
Joined
8 Sep 2006
Posts
40,016
Location
On Ocuk
I think I'm being fair here but here goes!

I purchased an Item on the bay for over £23 including expensive shipping to make sure that it would get here in time and well packaged. This was the item in question with pic

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However a parcel arrived today and it was badly damaged, dented on one side and looked like it had been crushed. I opened up the parcel and my game box was really badly damaged, it looked as if it was thrown, sat on then ripped apart!

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As you can see it's bad, so I contacted the seller through the bay and showed him the damage and what has happened and the fact that all I ask in kind, is the refund for the shipping. So basically going half and half and just accepting the damage as is.

He basically called me a liar, saying he had shipped it well with reinforced cardboard and bubble wrapped it and it's down to ME to pay for the damage and send the item back. He said I did not show him any proof of the box, again calling me a liar.

Thus I'm now disputing it through the bay, and with all the pics including the box and tissue paper wrapping, not bubble wrapped or reinforced!

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Am I being fair here in asking for a partial refund just on the shipping? Why should I risk returning the item to him at MY cost, it would cost me even more money and I may never seen my money or the item again
 
It does look pretty well packaged. Needs to be taken up with the courier really. Nor sure who's job it is to do that though.
 
Jono8 said:
It does look pretty well packaged. Needs to be taken up with the courier really. Nor sure who's job it is to do that though.
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I believe it's down to the seller

Where goods are damaged by a third party, for example by the Royal Mail, the seller is normally liable for the damage.
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However, if the parties agreed at the time when the contract was made that the seller would not be liable for any damage caused during transit then the seller will not be liable for such damage.
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Like this :

I sent a child's ride on car to a customer using Nightfreight via ParcelMonkey. The item left the warehouse undamaged and properly packaged, was delivered to the customer who was pressured into signing for it. When opened it became clear the item had been dropped heavily on its end resulting in heavy damage to the rear of the car.

I instigated a claim procedure through ParcelMonkey with pictures and statements from the warehouse foreman who inspected before dispatch and the customer who received the package. They simply replied that they would not be liable for compensation and there is no procedure to esculate the claim.
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Cheers man, utterly gutted though. This game collection is very hard to find, and for it to be like this.

Sad :(
 
jsmoke said:
Looks like was damaged on route.
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Yes it was :(

But in reading my rights unless I agreed no party would be to blame for transport damage (Which I didn't) then It's down to the seller to refund and claim back through the courier. Also according to my rights as well, I should get a full refund however I'm only asking just for the shipping to be repaid. But to be called a Liar and he bubble wrapped it with secure packaging well is. :rolleyes:
 
Looks like the item has been damaged in the first picture, on the top right corner. Is this the actual picture from the auction listing?
 
The thing that will probably happen now that you have opened a case is that you will win and will then have to send it back at your expense. You will get your original postage refunded along with the price you paid. You will still be out of pocket for the return postage.
 
If the seller isn't being helpful then just open a PayPal case, you'll get your money back as soon as you ship it back and enter a tracking number on the case page.

Don't bother getting involved in the courier claim, that's for the seller to handle. From the looks of things they packaged it in a used single-wall cardboard box that had already been damaged previously, so I'm not sure why they are surprised it's been damaged.
 
Hmmm so there's no chance of a partial refund based just on the shipping but keeping the game if it works?

Damn it
 
You either want it or you don't.

If you go down the PayPal claim route is an all or nothing deal as far as I'm aware. If you want a shipping refund then that relies on the seller submitting a claim to the courier on your behalf and passing some money on to you, which it doesn't look like they'd either be willing to do or would have any luck getting since they probably never bothered to insure it.
 
ffs :(

Will give it the allotted time for a reply and then see what ebay says

One thing I have noted that I did do with Ebay Resolution is you can actually ask for a partial refund
 
Disagreeing with you doesn't necessarily mean you are being called a liar.

I often find that people who continually batter on about being called a liar are going out of their way to sway opinion for a reason. Laying off the drama and sticking to the facts will serve you better IMO.
 
You have screwed the seller. Why on earth sis you accept it'
You have now made it extremely hard for the seller to get compo from the courier.
In the future make the courier weight will you open it up and reject the item.

It's one place the buyer should have more responsibility than eBay/PayPal give them.
 
Agreed Glaucus, if you open the door and see that I would not accept it at all. BUT sometimes they leave with your neighbours or even just left at side of your house so you can't always refuse a parcel.
 
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