Not sure if I should just forget about this sale?

[angel*jen]

Hi all

Just a quick query. I bought a DVD set from a seller which was described as 'Like New'. When I received it, it was definitely not. The case was damamged, discs were marked and the paper insert was creased.

I contacted the seller who has said the damage must have happened in the post and since it was not insured, she'll refund me 50%. The thing I am querying is, whilst it was not insured, the DVD was not at all protected either. Just put in a paper envelope and sent.

Should I give up and take the 50% refund? I guess we are both to blame in a way? It's only $10 really.

Thanks!

[shylo_876]

hi there.

Please put yourself in a sellers shoes.
Do you think it was deliberate and that there is no way that the seller is being honest?

If it was a genuine mistake by the seller then the seller should remidy the problem. But here is the problem.

Did you pay enough postage so that the seller should have packaged it with more padding?
Also did you message to ask if the package can be posted with padding.

Or did it say that it would be posted with care in the listing.

It is also your responcibility as a buyer to assume that the seller may not bei doing things your way.
Unless it is stated in the listing it is likely that they will do it.

If there is no way that you have missunderstood the quality of the item and postage then you should expess that to the seller.
And check there other feedback to see if they have been dishonest or lazy in the past.

And remember that befor leaving a negative that you may be effecting there ability to make a living on ebay.
So if you are going to leave a negative then make shore that it is warrented and completly fair.

[angel*jen]

Thanks for your reply!

I am not sure if the seller is being honest, though I am not one to jump to conclusions. She is quite adamant that it was Like New when she sent it but i am just not sure the damage is consistent with postage damage.

I guess some sellers just don't take the care in packaging that most do. Regardless of the amount I charge for postage, I always package very well. I think it is expected really and I have never had to ask if the item will be packaged well.....

I am not one to leave negs willy nilly and it's only ever a last resort. I can't remember the last time I had to leave one.

Ah well, will just chalk it up to experience 🙂

[*crikey*mate*]

wooohhhh

It is the seller's responsibility to ensure that they charge enough money to cover postage costs and adequate packaging to get the item to the buyer as described.

OP, if you paid by PayPal within the last 45 days, you can open up a Significantly Not As Described Claim

If the claim is decided in your favour, (and I can't see why it won't) you will be required to return the DVD to the seller by a trackable means of post (This means either a registered letter at least $3.50 + 60c or a satchel min$6.95 plus adequate packaging to ensure it doesn't get damaged further and arrives back to the seller in the same condition in which you received it)

You will then be gioven a refund of your total initial payment including original postage paid.

As this is for $10, and the seller has offered you $5 refund, even though you really should get all your money back (IMO) as it was the seller who failed to adequately protect your package) it seems like this might be the best outcome for you.

[*crikey*mate*]

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@angel*jen wrote:

Thanks for your reply!

I am not sure if the seller is being honest, though I am not one to jump to conclusions. She is quite adamant that it was Like New when she sent it but i am just not sure the damage is consistent with postage damage.

I guess some sellers just don't take the care in packaging that most do. Regardless of the amount I charge for postage, I always package very well. I think it is expected really and I have never had to ask if the item will be packaged well.....

I am not one to leave negs willy nilly and it's only ever a last resort. I can't remember the last time I had to leave one.

Ah well, will just chalk it up to experience 🙂

---

even if it is consitent with piostage damage, it is up to the seller to make sure that the item is adequately packaged. Take the DVD to Aus Post with the packaging and ask them. You may get compensation this way.

FTR, if the seller has offered you a 50% refund, I'm not sure that they deserve a neg. Not a positive, but IMO save the negs for the really bad sellers who will not even listen to your issues or who won't at least try for something to make up for it a little bit.

(BTW, for the post up there, I forgot, to get your 1/2 refund, do you have to post the DVD back?)

[angel*jen]

Thanks My*Mum!

I agree with you, that items should be properly protected when sent and it is up to the seller to make sure they charge enough.

I did pay with Paypal but like you, I think it's probably just best to take the refund she is offering. I won't be as much out of pocket this way.

I really don't think she is going to take responsibility. Part of her reply was  "I am happy to refund you 50% of what you paid.  I understand you are not happy with the items current condition, but I cannot take full responsibility for damage created by a third party, when the item was not insured.  I hope you are satisfied with this resolution."

Thanks!

[angel*jen]

Sorry, should have put that she said to keep the DVD and she'll refund 50%.

I don't think it warrants a neg and definitely won't be leaving one 🙂

[lyndal1838]

I just had a look at the listing....there is no way the paper insert could have been creased in the mail and if the case was just put in an envelope it is no wonder that it was damaged.

The most important thing is whether the discs are playable.  If they are not damaged I think I would just take the part refund as it would cost you more to return it to the seller by trackable post than you paid for it.

[*crikey*mate*]

what does she mean by insurance?

How was the item posted to you, by letter or parcel?

Aus Post have a discressionary payment of up to $50. Plus I think if you can prove the item was damaged because of them (get them tio look) they refund the postage amount too.

I can't remember right now who has to raise the claim, but I think it is the buyer as obviously you have the item.

Insurance is for the seller's protection, not yours. So the seller needs to charge enough money if they want the protection. No buyer is going to pay that voluntarily.

anyway, all a moot point, as you will probably never convince the seller and for $5, it might not be worth going through AP.

[angel*jen]

Thanks Lyndal, that's actually what I though regarding the creasing of the paper insert but didn't know if I was just be being picky!

Thankfully, I think the discs will be playable. They're not too bad just not 'Like New'. 🙂

I will just go with the part refund as suggested, the financially better option.

Thanks for your advice!