Damaged item ?

[hancror]

Bought a bike as new . Recieved by courier and has a cracked frame ( carbon fibre ) had it looked at and it’s a £ 500 + repair and currently unridable .
The seller insists it was not broken when he posted .
HE organised the courier .
I actually offered to keep the bike and have it repaired if he offered to pay half if I show all invoices for repair .
He’s reluctant to pay .
Should I simply open a dispute and return and have full refund ( it’s a fair amount of money ) as it’s sold NOT AS DESCRIBED ?
I thought I’d made I good olive branch in offering to keep , but he disagrees .
My concern is if he goes for compensation through courier , it may take a while and I’d miss my window to appeal the issue ? I paid via pay pal . It was sold as collection only but he offered a courier service .
Thoughts please ,

[**peaseblossom** · Accepted solution]

Yes, open a "not as describedf" return case on ebay and if necesary escalate it after 3 working days.   Seller will have to pay the return costs and ebay will enforce it.

[hancror · Accepted solution]

If it was damaged via courier I genuinely feel for the guy , but at the same time, I’ve paid a large amount of money without having another £500/600 on top
No way .
Thanks for your comment

[**peaseblossom** · Accepted solution]

Hopefully the seller will get some compensation from the courier. But your refund does not depend on that.

[john1297576]

You will no doubt have to involve ebay to get the correct postage for rturn but eller is responsible.

You get your refund you do not have to wait for the seller to claim on  the Courier, in fact he may not get anything as most couriers do not cover anything that can be broken, BUT no one checks te T & C before using them.

He will regret not taking up your offer, but it was unwise to make those terms as he could have made all sorts of promises but you would not be able to enforce them.

[hancror]

I asked him to part refund half the amount to repair .
He said I should have it fixed THEN show invoice and he would consider . Obviously I declined .