topic Re: damaged vase in Buying

damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 09:52:17 GMT

Hi, could I please have some thoughts from experienced sellers on this. Received today 2 ceramic vases. When opened 1 fine, other large crack. In seller's pics on listing no damage at all. Paid for registered post, no insurance. There was some foam inserts round inside of box but not a lot of bubble wrap or other protection on inside top of box. Mailing box was not damaged. No dents, squashing nothing. These only had to come from Toowoomba to Brisbane not the other side of the country. In seller's listing they state will not take responsibility for items damaged in post without insurance. I know AP are picky now about packaging and believe they would say there wasn't sufficient packing. Seller did tape "fragile'' printed sticky tape round box. Postage cost me $17.95, vases were $20. Have sent msg to seller but no response - as yet. Was a few hours ago. I would like to add that I have bought quite a few ceramic/pottery items here and o'seas and never had damage like this. Huge crack. Thanks so much in advance for your help.

Re: damaged vase

oldworldlady — Thu, 17 Jan 2013 09:57:08 GMT

It really doesn't matter what the seller put in their listing. If they don't respond to your query, open an 'item significantly not as described dispute with paypal. If you can't come to an agreement , Paypal will decide ;\, and it should be in your favour.

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 10:13:47 GMT

Thanks for your quick reply, Oldworldlady. Hopefully will hear from seller soon.

Re: damaged vase

wishuponastarcelebrationsandgifts — Thu, 17 Jan 2013 10:14:30 GMT

Give the seller 24 hours to respond. Perhaps send a follow up message attaching a photo of the vases (if you haven't done so already) so the seller has evidence that the vase was actually damaged. Unfortunately there are some dishonest buyers and sellers around that make false claims, so a photo will at least assure the seller that your claim is legitimate.

If the vase arrived damaged then I believe the seller should refund you for it (as well as the postage associated with it), or send out a replacement. Irrespective of their terms, you are entitled to receive a vase in the condition as shown and stated in the listing. Australia Post have a policy of not being responsible for damage to fragile items sent in the post, so sellers need to exercise caution when packing fragile items. In saying that, sometimes even the best packed items can arrive damaged as I have received parcels myself that have been squashed/torn apart with a note attached from AP stating the packaging was damaged whilst in their possession.

It's also a good idea to mention in your communication to the seller how you expect them to resolve the matter ie refund or replacement. I hope you reach an amicable resolution with the seller.

Re: damaged vase

peternt2001 — Thu, 17 Jan 2013 10:34:58 GMT

I received a watch box from a seller in china not long ago, and it arrived with the glass top all broken. The box and the internal box and the watch box were very well wrapped, but the glass still managed to break. I dont and didnt blame the seller for this as it did appear they went to some effort wrapping it.

However with glass, it doesnt take much, it just has to be a jolt or a sharp drop to break glass and ceramics.

But, i contacted the seller and they went out of their way to help me, and we ended up deciding on a partial refund to cover the cost of getting new glass. So that i would not have to pay for postage back to china.

Because the problem i see with your vase, is that if you cant come to some sort of satisfactory compromise with the seller. And go through the paypal dispute, you will be forced to send the vase back at your expense, which might end up costing more than the item is worth in the first place.

Good luck and hope it all works out well.

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 10:52:00 GMT

Thanks Wish. That's just it - there was no damage to the mailing box. No tears, squashing, dents nothing. I will certainly give seller plenty of time to respond. They can't send a replacement as the items are vintage. I didn't mention refunding in my msg as I wanted to get their thoughts first. Probably should have I suppose. I really feel they should take my word for it and not have to send them pics or anything. I have excellent feedback with no history of negs for sellers and/or trying to get items for free or other compensation in all the years I've been on Ebay. Don't know what to make of it but their feedback from a couple of other buyers mentions items "'dropped'." Anyway we shall see.

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 10:57:11 GMT

Hi Peternt and thanks. Yes, it's a large ceramic vase - posting it back would cost me too much.

Re: damaged vase

putney32 — Thu, 17 Jan 2013 11:25:26 GMT

australia post do NOT offer 'insurance' against breakages, so whether or not you had insurance would only insure against loss. never damage.

there is no 'fragile' service offered by aust post, so it is up to the seller to pack correctly.

you could take the vases and all the packing to the PO and ask their opinion, as for damaged items, where it is aust post fault, not the seller, and aust post think it was sufficiently packed they sometimes do offer compensation at their discretion. However, this is something only the Buyer, and not the Seller has to instigate with Aust post.

Re: damaged vase

davewil1964 — Thu, 17 Jan 2013 11:34:52 GMT

It is illegal to send broken glass/pottery through the postal system, so Paypal shouldn't require you to return it, if you show proof that you have finished destroying it. I would be asking the seller for a partial refund of the cost of the broken vase ($10).

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 11:39:35 GMT

Hi Putney, as mailing box was undamaged I wouldn't think AP would say it was their fault and I believe AP will not compensate if they reckon sender's wrapping of items was insufficient. Thanks heaps for your post - am taking it all on board.

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 11:43:03 GMT

Yes daredevil. I was thinking along that line as well. Partial refund of $10. No great help financial wise but something. Thanks .

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 11:44:59 GMT

Oops, sorry wrong spelling. Thanks, davewil

Re: damaged vase

dylan11235813 — Thu, 17 Jan 2013 11:57:55 GMT

I know people are not going to like my response to your matter, but if it states in the listing " will not take responsibility for items damaged in post without insurance" even if the insurance from AP doesn't cover it then sorry your out of luck (maybe they mean self insurance). I do feel for you though, no one wants to receive something smashed up.

Maybe the seller should have packaged it better, that is what feedback is for. You are esentially holding the seller responsible for something out of their control.

I also wouldn;t put a fragile sticker on anything.

You agreed to the terms of sale when the purchase was made.

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 12:02:26 GMT

Thanks to all who have advised me. Seller has just got back to me with the statement that because I paid for registered post I can claim up to $100 through AP insurance and for me to contact AP with registered post number and "leave it in their hands" and that I need to talk to AP. What do I do now. Thanks again.

Re: damaged vase

dylan11235813 — Thu, 17 Jan 2013 12:09:48 GMT

"Leave it in their hands" and you contact AP. that does not make sense. Like someone else said ther is no fragile service. They could smash everthing to pieces and there is no insurance

Re: damaged vase

dylan11235813 — Thu, 17 Jan 2013 12:12:57 GMT

Just put a claim in through paypal for item not as described. It will end up being the seller out of pocket for something you agreed to though

Re: damaged vase

davewil1964 — Thu, 17 Jan 2013 12:50:21 GMT

I know people are not going to like my response to your matter, but if it states in the listing " will not take responsibility for items damaged in post without insurance" even if the insurance from AP doesn't cover it then sorry your out of luck (maybe they mean self insurance). I do feel for you though, no one wants to receive something smashed up.

Maybe the seller should have packaged it better, that is what feedback is for. You are esentially holding the seller responsible for something out of their control.

I also wouldn;t put a fragile sticker on anything.

You agreed to the terms of sale when the purchase was made.

Whether AP have a fragile service or not is irrelevant. Registered post only covers for loss, not damage. A seller can put anything they like in their TOS, but in the end they are responsible for getting the item to the buyer in the advertised condition. I can't see how the OP could have paid for insurance, as that only kicks in for $100 and over. In fact, they did pay for non-delivery insurance (the only sort available from AP) by paying for registered post.

Sprinkles, the seller is AP's customer, not you, so there is no point you trying to claim anything with AP, except to get them to confirm whether the packaging was acceptable or not.

Re: damaged vase

*new2vintage — Thu, 17 Jan 2013 13:06:44 GMT

I want to make it clear to you that Registered Post provides tracking AND insurance. Unfortunately Aus Post are likely to tell you it was packed inadequately and knock back your claim. It is wrong of anyone to say that when a seller states they take no responibility for damage or loss you can't hold them responsible. Paypal can override anyone's terms and conditions.

Re: damaged vase

sprinklespowerpuff — Thu, 17 Jan 2013 13:13:56 GMT

Thanks for your helpful post, Davewil. As I mentioned in a previous post I really don't think AP will come to the party on compensation as mailing box was undamaged but nice big crack from rim down to about 6 inches on 1 vase. This seems to me that more cushioning/packing was needed here. I have just sent a msg to seller telling them there's no claim I can put in for damage etc and have asked for a partial refund as an act of goodwill in this case. As mentioned in my first post I have bought many ceramic items from Ebay sellers here and o'seas and all have arrived in good shape because they were packaged/cushioned so well. Will come back when I have seller's latest reply. Thanks again

Re: damaged vase

dylan11235813 — Thu, 17 Jan 2013 13:35:27 GMT

Whether AP have a fragile service or not is irrelevant. Registered post only covers for loss, not damage. A seller can put anything they like in their TOS, but in the end they are responsible for getting the item to the buyer in the advertised condition. I can't see how the OP could have paid for insurance, as that only kicks in for $100 and over. In fact, they did pay for non-delivery insurance (the only sort available from AP) by paying for registered post.

Sprinkles, the seller is AP's customer, not you, so there is no point you trying to claim anything with AP, except to get them to confirm whether the packaging was acceptable or not.

In the end the seller does what is agreed in the terms. There seems some debate about when ownership transfers the the buyer.