Box arrived damaged

[lill.berr]

Hi everyone. So today I received a package that was a figurine, but the box dented in several places and the corners are crushed (figurine is not damaged). This was disappointing because as a collector the condition of the box is very important to me. It was clearly damaged through shipping because before I purchased it I asked the seller if the box was in perfect condition. He said yes and sent a photo. I also sent him a message after purchasing telling him to make sure the box was protected. Instead I received it in a satchel with one layer of bubble wrap.. Am I eligible to receive a refund?

[tazzieterror]

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@springyzone wrote:

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I was talking about this to a friend and the question they asked and which is relevant is-was the box mentioned in the original ad at all or in the photos? If it wasn't, then a buyer could not expect a perfect box, even if they had asked a question later of the seller to see if it came in one. The box as such would not be part of the transaction unless mentioned in the ad.

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I disagree—the buyer established the condition of the box via message prior to purchase. If that doesn't form part of the description, there'd be no point any buyer ever messaging any seller asking further details about an item.

As per the OP:

"...before I purchased it I asked the seller if the box was in perfect condition. He said yes and sent a photo."

[digital*ghost]

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@springyzone wrote:

I was talking about this to a friend and the question they asked and which is relevant is-was the box mentioned in the original ad at all or in the photos?

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I assume it was, based on the context of the OP - they said they asked the seller if the box was in good condition, rather than if there was a box and if so, what condition it was in, which would suggest the listing had some indication a box was included (I suspect if there was no indication of there being a box, the context and question would be slightly different, but this is inductive reasoning, rather than anything based on conclusive evidence). 

The seller may not have shown the full condition of the box in the listing, causing the buyer to ask, eg they could have only listed close-ups of the figurine, or maybe used a stock image, not showing the box, but listed as brand new in box. 

[springyzone]

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@digital*ghost wrote:

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@springyzone wrote:

I was talking about this to a friend and the question they asked and which is relevant is-was the box mentioned in the original ad at all or in the photos?

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I assume it was, based on the context of the OP - they said they asked the seller if the box was in good condition, rather than if there was a box and if so, what condition it was in, which would suggest the listing had some indication a box was included (I suspect if there was no indication of there being a box, the context and question would be slightly different, but this is inductive reasoning, rather than anything based on conclusive evidence). 

The seller may not have shown the full condition of the box in the listing, causing the buyer to ask, eg they could have only listed close-ups of the figurine, or maybe used a stock image, not showing the box, but listed as brand new in box. 

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Yes, that is my interpretation too.

I assume the box was in the photos, but perhaps not in close ups.

If that is the case, the buyer did all the right things, confirming condition etc before buying and would be entitled to an item not as described claim.

I only threw in the question about the ad as the friend brought it up as an interesting possibility. If it hadn't been mentioned or pictured in an ad, then I would consider it as a freebie thrown in & despite messages, not rightfully subject to a claim as it wasn't part of the sale.

But yes, I am pretty sure the box probably was mentioned and shown in the original ad.

[tazzieterror]

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@springyzone wrote:

I only threw in the question about the ad as the friend brought it up as an interesting possibility. If it hadn't been mentioned or pictured in an ad, then I would consider it as a freebie thrown in & despite messages, not rightfully subject to a claim as it wasn't part of the sale.

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I still think you're looking at it incorrectly.  Regardless of whether it was pictured or mentioned in the original ad/text, it's still becomes a term of the sale once you ask and the seller provides details about its inclusion and condition. 

"Does it come in its original box and packaging?"

"Yes it does."

"What is the condiiton of the box?"

"It's in perfect, unmarked condition."

If the seller were to now send it without the box, or with the box crushed, it's not as the seller has described it.

I've won a few INAD cases where I've asked the seller about some details not mentioned in the ad, made the purchase based on their answer, and they've turned out to have given incorrect information. The item has otherwise conformed—loosely—with the description in the ad, bu the seller has either deliberately or inadvertently misrepresented it in their messages.

What a seller tells a potential buyer in messages, matters.

[*tippy*toes*]

It's just a shame the OP hasn't come back to offer more info.

[springyzone]

Yes, I see your point.

It's probably a bit of a tricky area actually. I do agree that what is in messages should count.

It's hard (for me anyway) to say how an ebay rep would react to an item not as described claim for something not mentioned in an ad.

In this case though, I suspect the box was mentioned or at the very least shown in the ad in a general photo, so the buyer should be able to win the claim.

[tazzieterror]

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@springyzone wrote:

Yes, I see your point.

It's probably a bit of a tricky area actually. I do agree that what is in messages should count.

It's hard (for me anyway) to say how an ebay rep would react to an item not as described claim for something not mentioned in an ad.

In this case though, I suspect the box was mentioned or at the very least shown in the ad in a general photo, so the buyer should be able to win the claim.

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Product boxes are a funny thing.  I've never sold anything collectable so whether I have a product's box or not makes little difference to the sale price, but I'll often make a point of not including a product's box, even if I do have it.

Most things I sell end up going via a 'Small' eBay satchel, primarily because I find them convenient to use (inbuilt address label window etc). Often I've sold items whose packaging would only just fit inside these smaller satchels, either with minimum amount of bubble-wrap, or sometimes none at all. So although the item itself would arrive safe and sound, the box might arrive crushed or with crumpled corners, and it looks like I've made little effort to keep the item protected in transit.

However, if instead pack the item into a similarly sized box from a completely different product, or use no box at all and instead create a bubble-wrap version of Matryoshka dolls, the perception is completely different. A slightly squashed box is of no consequence in that instance—it's simply packaging then, and not related to the product other than being an extra layer of protection, throughtfully provided by the wonderful seller! 😄

For this reason I keep a small collection of boxes that are just the right size for a small satchel, some of which are from products I no longer own.