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theverdegriskey
Community Member
Posts: 10
Registered: ‎07-03-2006
Accepted Solution

Item damaged in transit

I purchased from a non business seller.

 

Item cost 99p, p&p £3.

 

Actual P&P cost was £1.10 according to Royal Mail label.

 

Item was badly crushed, really inadequate packaging. Seller told me to make a claim with Royal Mail. I said nonsense. Its sellers responsibility. He replied that he would take it back but only give 99p refund.

 

Now, I was under the impression that even non business sellers had to refund the P&P in a case like this? Or is that only business sellers? I am aware that I have to return the item to him via trackable means.

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dropdolly
Community Member
Posts: 1,155
Registered: ‎11-04-2007

Re: Item damaged in transit

in reply to theverdegriskey

open a dispute, you have got a lousy seller there...ebay tell you to return it for a FULL refund which will include the postage, unfortunately you have to pay to return it..you wont get much back of your original costs but at least the seller pays up!

 

........................................
......so many Needful Things!...........
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archduke_kitten
Community Member
Posts: 76
Registered: ‎02-10-2010

Re: Item damaged in transit

in reply to theverdegriskey

You would have to return it as you say, he would then give a £3.99 refund in total.

 

Or rather Ebay would force him too.

 

=============

It's amazing to me how many people are prepared to behave immorally for a few quid, this guy could have sent it in a padded box. It would have cost him a few quid and you would have got the DVD Writer intact.

 

 

 

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hawquesgallery
Community Member
Posts: 3,185
Registered: ‎30-10-2005

Re: Item damaged in transit

in reply to theverdegriskey

the law allows a buyer to recover all costs incurred

 

the private postal contract is joint/several with seller/buyer/carrier-RM

 

the seller through inadequate packing will have additionally acted prejudicial to the carrier-RM claim....an additional buyer right under seller breach of contract

 

 

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start-the-fire
Community Member
Posts: 924
Registered: ‎29-12-2004

Re: Item damaged in transit

in reply to hawquesgallery

hawquesgallery wrote:

the law allows a buyer to recover all costs incurred

 

the private postal contract is joint/several with seller/buyer/carrier-RM

 

the seller through inadequate packing will have additionally acted prejudicial to the carrier-RM claim....an additional buyer right under seller breach of contract

 

 


Hawkques- i was wondering does that remain true with an auction format and a private seller as in this case ?

 

Genuinely asking as thought dsr only applied to business sellers and BINs

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hawquesgallery
Community Member
Posts: 3,185
Registered: ‎30-10-2005

Re: Item damaged in transit

in reply to start-the-fire

start-the-fire wrote:

hawquesgallery wrote:

the law allows a buyer to recover all costs incurred

 

the private postal contract is joint/several with seller/buyer/carrier-RM

 

the seller through inadequate packing will have additionally acted prejudicial to the carrier-RM claim....an additional buyer right under seller breach of contract

 

 


Hawkques- i was wondering does that remain true with an auction format and a private seller as in this case ?

 

Genuinely asking as thought dsr only applied to business sellers and BINs


 

 

 

nothing to do with dsr 

 

the non-conformity would be contractual under misrpresentaion and breach of contract

 

the buyer right to the sum paid...including the right to request a seller make arrangements for the item to be returned to seller or cover the cost of buyer returning it 

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start-the-fire
Community Member
Posts: 924
Registered: ‎29-12-2004

Re: Item damaged in transit

in reply to hawquesgallery

Many thanks Hawques, may  be worth remembering  for larger purchases.

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theverdegriskey
Community Member
Posts: 10
Registered: ‎07-03-2006

Re: Item damaged in transit

in reply to hawquesgallery
Thanks for the help. I did think he was supposed to (or be forced to) give me back the full outlay. Even when not a business seller and an auction item. And you have confirmed that.

How I would get him to pay the return shipping I don't know! But its enough to get him to refund me the full amount. He will be more out of pocket than me!
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start-the-fire
Community Member
Posts: 924
Registered: ‎29-12-2004

Re: Item damaged in transit

in reply to theverdegriskey

The ever, as mentioned open a dispute  ebay will most likely ask you to return tracked, on attempted delivery enter tracking number and ebay will refund you original postage and cost of item.

 The only way to get your tracked postage costs is if he gives them back voluntary, you take him to the small claims court, or if ebay issue with a prepaid stamp or issue a no fault refund.

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bankhaunter
Community Member
Posts: 8,162
Registered: ‎22-10-2007

Re: Item damaged in transit

in reply to start-the-fire

When a private seller sends an item to a buyer, unless the terms of the contract say otherwise, delivery to carrier is delivery to buyer and it would only be if negligence on the part of the seller when sending the goods could be shown would the buyer have any claim in the case of loss or damage in transit.

 

It was only when the Sale of Goods Act was amended in 1979 that became no longer the case with business sellers.

 

When buying from a private seller, Ebay's buyer protection is very important.

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start-the-fire
Community Member
Posts: 924
Registered: ‎29-12-2004

Re: Item damaged in transit

in reply to bankhaunter

Many thanks Bank, though i certainly wouldnt embark on embark on a legal route for small cost items, in your opinion would it be hard to prove negligence on part of the seller for poorly wrapped items, say a cd in an envelope , without carboard backing, or a glass object wrapped in a plastic bag.

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bankhaunter
Community Member
Posts: 8,162
Registered: ‎22-10-2007

Re: Item damaged in transit

in reply to start-the-fire

it could well depend on what the average person would think of as being negligent.

 

Along the lines of "That's a stupid way to pack that, it's bound to get damaged" rather than, "It should have been alright".

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gallovidian
Community Member
Posts: 5,652
Registered: ‎08-11-2006

Re: Item damaged in transit

in reply to theverdegriskey

theverdegriskey wrote:
Thanks for the help. I did think he was supposed to (or be forced to) give me back the full outlay. Even when not a business seller and an auction item. And you have confirmed that.

How I would get him to pay the return shipping I don't know! But its enough to get him to refund me the full amount. He will be more out of pocket than me!

You should tell him politely but firmly that you are due the return postage, because he did something wrong, and you didn't. Don't mention feedback, but the fear of bad feedback is what may make him do it, so try not to sound as if he is going to get bad feedback anyway (as he should), since  that leaves him with no incentive to pay.

 

The post office's contract is solely with the sender, and it is for him to pursue a claim if he thinks it will reimburse him for meeting his obligations to the buyer. He has no right to ask the buyer to make the claim (he can't) or wait for his refund. Normally the buyer should be prepared to help with the claim if he can. But if the seller brought his trouble on himself by inadequate packing, the post office isn't to blame, and the buyer should refuse to lie for him.

 

When you make a SNAD claim in the circumstances described, you should tell them in it if the object was smashed beyond having any residual value. That may cause eBay to make a refund without requiring return.

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muvva!
Community Member
Posts: 1,945
Registered: ‎21-06-2006

Re: Item damaged in transit

in reply to gallovidian
Don't forget to return the item tracked (extra £1.10 I think on top of postage) as you wont get a refund without proof of tracked delivery.
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