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I ordered a framed painting for a Christmas present. It hadn't arrived by the due date and the seller said it was in a backlog at evri and asked me to wait few more days. I did this 3 times but eventually thought it wasn't going to arrive so eBay gave me a refund. I ordered the same picture but from Amazon. Seven weeks after I ordered it and too late for Christmas it arrived. Damaged. I didn't do anything as I thought the case was closed. Now the seller is insisting I pay for the item or prove it was damaged. I can't as I no longer have it. There didn't seem any point keeping it when the frame was damaged. I'm not dishonest and this is upsetting me.

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Refund

In all fairness to the seller you really shouldn't have disposed of it, if it arrived damaged they can claim from their courier but will obviously need a photo in order to pursue this so, as you can appreciate, they've lost out.

 

Clearly Evri had had it for weeks and have ended up damaging it. 

 

Personally, if low value I'd be inclined to reimburse them in this situation. They are in a position to take legal action against you if you haven't offered them their item back, but if low value are unlikely to.

 

What's the value of the item?

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tobiasd4
Experienced Mentor

Ebay won't do anything about you paying for it. 

It is between you and seller. 

TBH. You should have contacted seller when damaged item arrived and asked them if they wanted it returned. 

They would need to provide postage cost or label, can't be done through ebay.

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jckl1957
Experienced Mentor

There is probably nothing the seller can actually do.  Ebay will not expect you to take any action.

However, do try and see it from their point of view.

Although they sent the painting, the carrier failed to deliver it and now they have no item and no money.

Although the refund came through Ebay, unless you bought from a private seller using Simple Delivery, the refund would be from the seller's funds.

If you had contacted them, and possibly returned the damaged item or provided evidence of the damage, they might have been able to make a claim against the carrier.

"There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.”
Søren Kierkegaard, Danish philosopher (1813 - 1855)
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£30. I didn't know I was doing anything wrong. It had been 7 weeks I didn't
expect the item to arrive .
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@reenylu wrote:
£30. I didn't know I was doing anything wrong. It had been 7 weeks I didn't
expect the item to arrive .

I'd probably be inclined to pay the seller for peace of mind, but it's obviously up to you how you want to proceed here.

 

If you receive an item once you've been refunded it's important to contact the seller and ask them if they want to arrange collection for their item or to send a pre-paid returns label. If the item arrives damaged you must let them know and they'll decide how to proceed. Normally, if an item is damaged beyond repair they'll just ask for a photo so they can claim from their carrier. 

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I didn't destroy it. I asked the person it was for to keep it, just in case.
If I have done wrong it was completely unintentional. I've never had a
missing item turn up so late after the due date and having received a
refund.
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@reenylu wrote:
I didn't destroy it. I asked the person it was for to keep it, just in case.


Great, can you ask them to sent you a photo of the damaged item so you can pass it on to the seller?

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No. I didn't destroy it the person I gave it to did. Though I'd asked them
to keep it, 'just in case.' I believe they threw away the frame but put the
picture away.
I had no idea this would happen. I am a pensioner and already bought a
replacement as it was a Christmas gift.
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Ah, that's a shame.

 

I don't know what to advise, to be honest.

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