damaged vase

[sprinklespowerpuff]

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.

[***super_nova***]

What you're not allowed to charge

• Insurance: You can't charge a separate fee for insurance, although you still need to make sure your item arrives as described

I always thought that seller can send items with AP insurance, with the charge being included in the postage, just as registration is.  I thought that what they are not allow to do is to say "pay $2 extra for insurance"  meaning they will keep the $2 but will cover damage; obviously that is not on, as they have to cover damage anyway.  I think the wording of that rule was that seller cannot "self insure".

But of course, AP insurance is only for loss and damage as long as they deem the parcel parcel "adequately packed".

[phorum_junkie*]

Sorry TB, not feeling too good today so my super sleuthing search radar is not functioning at it's best but this snippet from the DOJ site popped up:

Check the terms and conditions or contact the seller for expected delivery time. The seller is responsible for sending the items within a reasonable time.

Contact the seller immediately if your goods have not arrived within the stated time

Upon delivery, the buyer is not deemed to have accepted the goods until they have had a reasonable opportunity to examine them. Contact the seller immediately if your goods are damaged on arrival.

And this bit too which seems to indicate that it is the ebay and Paypal process which should be applied

Buying and selling on eBay and similar sites

You should first try resolving any disputes via their online resolution process.

Disputes over items not received, or received but significantly different as described can usually be resolved by direct communication between buyers and sellers. To facilitate a resolution, most of these sites provide an online process where buyers and sellers can communicate with each other.

[tall_bearded]

Fotegra .

When I list something on Bay a contract is formed between eBay and I, part of which requires I comply with eBay listing policy, and should I fail to do so eBay can impose pentiles on my account, 

So let’s look at one of your examples.  The listing policy says I can’t include in my TOS some like “once handed to Aust Post I’m no long responsible for the condition it arrive in.

Now I for one believe the seller should be forewarned of any risks associated with buying items on line, one of which, if the item is as described at the time it is handed to the carrier but is then damaged after being handed to the carrier, then the buyer has no recourse against the seller, unless the buyer proves – and the onus is on the buyer to prove – the reason why it arrived damaged was because of the sellers negligence.

Therefore the question which immediately arises is; what will eBay do where the listing doesn’t contain the warning – and therefore the listing policy has been complied with – but the item arrives broken.  The short answer is NOTHING.   Nothing because the listing requirement has been complied with and therefore as there was no violation there no penalty can be imposed.   Nothing because nowhere in the Australian agreement does it say, if it arrives broken the seller must compensate the buyer.  

As for the insurance preclusion, it exists for the same reason why the PayPal agreement specifically states Buyer Protection is not a policy of insurance.  That is the word “insurance” a specific legal meaning, with the provision of insurance services being subject to its own Act, with it being illegal for anyone who is not a licensed insure to take payment for the provision of insurance services.

[tall_bearded]

PJ

Sorry to hear you’re not well.

Nothing cited in your post even infers a right to compensate.

For instance when it comes to acceptance of the goods received, this part of the policy simply replicates what  SoGA says when goods can be rejected, with goods damaged in transit not normally being one class of goods which can be reject.

As for the remainder, yes the policy “encourages”  buyers’ and sellers’ to communicate in an attempt to resolve the issue. However nothing in the policy states, if the parties can’t reach an agreement, eBay can impose one.

[couchpotatofurniture]

It happens.  I send fragile items like vases throught the post regulalry and I am always reminded by the LPO staff that they do not offer a fragile service.

Mostly it is successful.  I have very occassionally had an item arrive damaged, even though well packaged - sometimes its just the angle it is on when knocked.

I wouldnt hesitate to refund the customer for the purchase price, and I would think for the sake of $10 the OP's seller would be just as gracious.