Expensive Damaged Item

[tabathakat]

I recently purchased a bike from overseas which arrived severely damaged. Bent metal racks, badly scratched frame etc. Australia Post still has it in their possession but according to the postal worker it is likely it will be deemed to been insufficently packaged. I have submitted a report to Australia Post. What happens in this situation? It cost over $1000, and so far the seller has not taken any action. 

[kopenhagen5]

If deemed insufficiently packed then the seller is responsible.

I hope you paid by PayPal.

Perhaps the seller can offer a part refund if you are ok with keeping the bike, otherwise you will need to repack n return for a full refund.

[digital*ghost]

In a situation like this, you have two options.

Option one is to accept delivery, deal directly with the seller or via an ebay or PayPal dispute, return the item (usually at your own expense unless the seller reimburses you, or you use PayPal's funded returns program, but that will only cover $45 and I would think a bike is going to be more than double that).

Option two is to obtain written documentation from Australia Post that proves the package and contents are damaged, refuse delivery, and open a case with eBay, as they have a specific clause in the Money Back Guarantee that states you can still qualify for buyer protection that way - it appears to come under "item not received" rather than "item not as described", perhaps strangely, but the policy states:

"Generally, the buyer is responsible for accepting the item when it arrives. If the buyer refuses delivery, their claim is not eligible for eBay Money Back Guarantee.

Exceptions:

The buyer can provide, via written proof from the carrier, that they refused the package because it arrived empty or was damaged in transit."

https://www.ebay.com.au/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-pol...

Pros and cons... Option one would incur greater time and expense, but the risk of not winning the case and obtaining a refund is low. Option two would mean no outward expenses at all, the package is (likely) returned to the seller, but since I have no experience, or even anecdotal evidence, with / for that particular clause in the MBG and how it plays out, if for any reason the case is not found in your favour, you would have no item, and therefore no way of returning it with a tracking number (required by both eBay and PayPal in normal circumstances). Plus, it relies on getting verifiable documentation from Australia Post, and being able to produce it within eBay's timeframes. 

[phorum_junkie*]

To add to what DG said in option 2 if you failed with ebay you could make a claim through Paypal using evidence from AP as to the reason for non delivery and if they turned you down you could appeal to the FOS which often results in Paypal cughing up rather than fighting the complaint if they are not 100% sure of winning.

[tabathakat]

Delivery was already accepted before the damage was discovered so I cant go with option two. Return postage with DHL is going to cost $1600 but postage cost to Australia was less than $100. Funding a return as per option two is simply not viable.
eBay has opened a return request which incorporates a refund so hopefully the seller will take action.

[papermoon.lady]

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@tabathakatwrote:
Delivery was already accepted before the damage was discovered

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That's the problem, as posties are definitely not going to wait until you open a parcel and check if everything is OK. They apparently often don't even wait until you go to the door.

When I buy something expensive I record myself opening the parcel and taking out the item. Somebody once said PayPal doesn't consider this a real proof, but I guess it is better than nothing.

[porcelain_dolls_by_me]

To have damage to the extent described then the packing box (or whatever) would have shown signs of serious damage also.

As such, why did you accept delivery - it should have been patently obvious the goods inside would be damaged

[digital*ghost]

Sorry, when you said Australia Post still has it, I thought you hadn't accepted delivery yet.

DHL would be one of the most expensive options, but I'm guessing the package is too large to send it back via Aus Post?

[papermoon.lady]

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@digital*ghostI'm guessing the package is too large to send it back via Aus Post?

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Once I bought a bulky item that was delivered by Australia Post. There was a problem under warranty and the seller sent me a return label, the box was still intact, so I just put the item back in the box and when I tried to send it back AusPost said it was too large and that only companies could use that size. I tried to explain that I was sending something back under warranty and that I was sending it back to the sender, showed them the return label etc. etc. but they had to call the manager. It took me a while to convince the manager too, but they finally accepted it.