Item received broken

[diffusiongroupie]

I bought an item from a seller. It is actually the 2nd one I have purchased from them, the 1st one arrived fine. The 2nd one arrived shattered and broken. I emailed the seller and asked what I am to do and this was their reply:

We are so sorry to hear thatyour item arrived broken .. Unfortunately once the parcels leave our hands we have no control over what happens to them .. We do state in our listing that we will not be responible for lost or broken items ..

Does that mean I have no recourse?

Thank you

[tall_bearded01]

If you want to know where I coming from take a look at what happened in the past.

When PayPal Buyer Protection was first introduced it was hailed as a cure-all.  That is if you didn’t receive the item PayPal will make sure you got your money back etc etc.  Furthermore, as you were guaranteed a refund from PayPal here was no need to insure the transaction.

Well that little bit of advice didn’t work so well for a lot of buyers, some of whom I know personally.  Buyers who decided not to insure, only to find that, because the seller could prove postage, PayPal denied their claim and decided not to make a discretionary payment; and some of those claims were for significant amounts of money.

So I’ll leave it at this.  Buyers now have sufficient information to hand to decide how they can best protect themselves.  They can, as you and others recommend rely totally on the convenience that eBay Guarantee and/or PayPal Buyer Protection bestows, or they can do as I recommend. 

And if at the end of the day a buyer ends up in with a four figure purchase and no discretionary payment well, they can take that up with the person who gave them the advice.

Nuff said

[thecatspjs]

Yes nuff said.

For the record - I have never advocated that buyers or sellers should ever "rely" on eBay money back guarantee nor paypal dispute resolution or the decisions of those systems, to the contrary, notwithstanding they are necessary steps in ensuring due process is followed, again you misrepresent my posts.

[cherry*135]

They can, as you and others recommend rely totally on the convenience that eBay Guarantee and/or PayPal Buyer Protection bestows, or they can do as I recommend. 

No, no one said that. They are a starting point, and a very good one, for buyers not familiar with how to proceed when they have a problem with a purchase. They shouldn't be bombarded with all sorts of 'legal' stuff first up.

.

[cherry*135]

And if at the end of the day a buyer ends up in with a four figure purchase and no discretionary payment well, they can take that up with the person who gave them the advice.

A buyer spending that amount of money $1000>? should make sure they understand all buyer protection facilities etc, before they buy it. No one else is responsible for their decisions. 

Has any buyer ever asked here if they should take out insurance on a high priced item? If so, what were the replies?

[2106greencat]

My understanding was the seller is to pay for return postage for faulty items etc, but the buyer pays return for damaged in transit.

As far as I know, you can open INAD through paypal, you should not be told to send it back as it is broken and will be considered dangerous to post, but you will have to take photo evidence of package and damage to prove your claim.

It is then up to the seller to claim through AP, as they are the ones who contracted AP to send the parcel, not the buyer.

OP open the claim and see how you go, so much has changed here that no-one seems to know for sure how things work anymore, and while I am not doubting you TB, claiming for INAD is easy to do, and nothing lost by giving it a shot.

Sadly, the seller will lose out with the claim, as unless it was packaged to withstand the 20kg from waist height debarcle, it is not considered well packed.

No matter if the buyer loses, seller loses, AP wins EVERY time!

[crazyplacecostumes]

Sorry but as a seller I consider it our responsibility to ensure that goodies are received in the same condition I listed them in (ie, not broken). 

I don't have 100% control over it because we hand it over to couriers/AussiePost.  We pack as well as we can but there are times that items break. When this happens our procedure is to:

As for a clear photo of the damage

If the item is low value, refund the buyer (in full including any postage paid) without them returning the item, OR ship a replacement. 

For a higher value item, pay for return postage and either provide a full refund or ship a replacement. 

It's not a buyer's fault if something arrives broken. 

Not always the seller's either but if you ship an item that arrives in pieces I'm pretty sure that would be 'Significantly not as Described'

[alexa.ftjmz1t]

What if u where to record a video before signing of your parcel to insure evidence that it is the item u where ment to receive and that it wasn't broken by your hands and what if the seller purposely sent u a broken item isn't that like being scamed i.m shore if u followed all these steps ebay would step in cause u have produced evidence what i.m talking about here is film your self receiveing the parcel signing of on it and then opening takeing it out giveing the camera a good view of what u just brought

[lyndal1838]

In the three and a half years since this thread was started there have been many changes on ebay.....the information in this thread was correct when it was started.

Ebay and paypal are not given to taking notice of photos and videos.....disputes are still dependant on tracking/signatures etc and other proof in writing.