Broken is there is a claim for seller or buyer to recoupe

[greatconditiononly]

Hi All,

I sold an item and it has arrived damaged.

The buyer paid via Paypal and it was sent through a click and send bx2 box.

I believe it was adequately packaged but she has stated that it wasn't and wants a refund.

She had purchased the item over a month ago but claims she was on holidays so has only just returned and received it now, I'm hesitant to give a refund after such a long time as it could very well have arrived intact and been broken from use by her.

My question is: is there a sellers or buyers claim that can be made under a protection policy that will not leave me (the seller) out of pocket?

[phorum_junkie*]

Yes the parcel wll be given to anyone at the address even if signature is required, the only time the signature of the named recipient is required is if the parcel is collected from the PO without the card that was left.

You cannot use person to person delivery with C&S.

What difference does it make anyway as there may not be any damage to the outer packaging.

It doesn't matter how long since the parcel was delivered, either it is broken or it isn't and if it is then you will have to refund in full.

While sellers can hope that buyers will take items to the PO to see if AP will accept resonsibility they are under no obligation to do so.

[poochgroom]

Along with asking for a photo, state to Paypal that you are willing to do a Statutory Declaration stating the item was adequately packed and exactly how and what materials you used to pack, this goes along way with paypal, the buyer sounds very sus, some sellers leave immediate positive feedback to their buyers, so just reading their feedback wont help, but if the buyer opens disputes often paypal will know to keep tabs on this person in order to make the right decision.

[jameshouseofstyle]

Spoke to PP guy the other day about the claim that someone opened (our buyer) to say they have nevr received the ite.

Click & send is showing they have received it 2 days after it was posted - but they didn't contact us even once, just opend the dispute nearly a whole month later!

We could prove postage and delivery, PP asked them to respond, they never did to this day (30 days later).

PP told me that they check and cross check evryone who makes ANY claim - and most of the time the buyers loose these days as the actual percentage of justifiable claims is still very small - but the false ones are rising unbelievably! He said to tell all the customers that the average wait time now is 30 days +++ - I made a remark how they will all jump and scream and complain at the length of the process and he said: "Tough"

OP, ask your client for a pics by all means, tell her if she is making a claim for a refund you have every right to ask for as many details as it takes - or tell her to claim from PP and they'll ask her for the same thing.

Good luck sweetie,

Cheers, January.

[phorum_junkie*]

A not as described case is completely different to a not received. proof of posting will protect the seller every time.

Telling Paypal you will provide a Stat Dec to say the packaging was up to standard would be completely meaningless, only AP can make that determination and nowhere in the Paypal policy does it say that the buyer has to have any interaction with AP.

The reason for asking for a photo is mearely to confrm the item is broken so the seller can refund without anyone having to pay for it to be returned.

If the buyer refuses to provide a photo then the seller can insist on it being returned so if the buyer is not telling the truth they either have to drop the claim it or purposefully break the item and pay to return it.

Buyers do not always win significantly not as described disputes.

[tall_bearded]

“It doesn't matter how long since the parcel was delivered, either it is broken or it isn't and if it is then you will have to refund in full.

While sellers can hope that buyers will take items to the PO to see if AP will accept resonsibility they are under no obligation to do so.”

Simply ignore this advice as it is WRONG.

You are under absolutely no legal obligation to compensate the buyer for items damaged in transit, unless the buyer can prove the damage was as a result of your negligence, and the onus is on them to prove the negligence, which would be virtually impossible, if they don’t have the packaging examined by the carrier (Aust Post) to determine if it did/did not meet their minimum packing requirements.

Furthermore, if the buyer lodges a PayPal Item Significantly As Described claim, then simply respond by advising PayPal that, “for the purposes of the Australian PayPal User Agreement, items damaged in transit don’t fall with the definition of Item Significantly As Described, and as such, the buyer has no right of recovery under the Buyer Protection Policy.  Then if PayPal determine in favour of the buyer simply lodge a complaint with the Financial Ombudsman Service and if you need any help in doing so please e-mail me.

[davewil1964]

Personally, I would avoid like the plague any seller who went to those lengths to avoid refunding a customer.

My test is the balance of probabilities, but I don't post fragile articles either.