Buyers take no responibility and ebay simply backs them up

[franklinartstudio]

I have read all the **bleep** stories about people that have been ripped off by buyers, but havent read this one before.

I sent a painting to a buyer in the USA.

As my items are fragile (yet well packaged, but some things you cant package against) we make it clear to the buyer to check the item before signing and reject it if its damaged. Its normally bleatingly obvious something is wrong as the carton will have a massive hole, or be smashed.

Anyway, this client wasnt home and arranged for an ATL. He then signed the slip for DHL and left it in his mailbox stating "by signing, I authorise DHL to leave all future packages without a signature. I agree DHL will not be responsbile for any damage or loss that results from leaving the package at my request".

He then contacts me a day later and says the item is damaged and I need to claim it on insurance. I explain that I cannot claim it now as he has signed a waiver. I ask for photos 3 times to see what I can do to help and never receive them and 9 days later, then he posts them on ebay in a "request for return" format and says the item was damaged in tranist and I dont have insurance. The carton has a massive rip in it (maybe 15cm long) and this is reflected in the rip in the painting.

Underwriters will not cover ANY item left ATL as it is left unattended and anything could happen to it.

So I contacted ebay, and of course their claims department told me that because the buyer said the item was delivered damaged, it was my responsiblity to sort the matter out with my insurance. It made no difference to them that the buyer signed away MY RIGHTS with my insurance company. He could have damaged it, or it blown over, rained on or stolen, and it would make no difference.

So I digest my frustration and "took one for them team" and refunded him his money.

I have no words.

[franklinartstudio]

yes I have a copy of the signed ATL, which clearly states the waiver he was signing also, I didnt know anything about an Ombudsman, however being located in Australia, I have to deal with EBAY USA for things like this. 2 people at ebay (including one at their High value Resoultion (this wasnt a cheap painting to roll over on) said ebay would simply refund his money, and the insurance was my issue to deal with the insurers and had nothing to do with ebay. They had also seen copies of the ATL.

[franklinartstudio]

yep thats what we will be doing in the future......noting on all con notes item is not be left ATL EVER.

[franklinartstudio]

2 people at ebay (including one at their High value Resoultion (this wasnt a cheap painting to roll over on) said ebay would simply refund his money, and the insurance was my issue to deal with the insurers and had nothing to do with ebay. They had also seen copies of the ATL.

There is no point in fighting it with Ebay.

As for the carrier, there are no notes on the connote to say "dont deliver ATL, that was a private arrangement between the buyer and DHL, and an arrangement that was made by the buyer even though we indicate in correspondence at the time of despatch that the item is to be checked before signing. Ebay know all this, and have seen out notes to the buyer, and still they dont care.

Buyers can do whatever they want and Ebay back them up.

[franklinartstudio]

no, the seller is the only one that can claim insurance.

[franklinartstudio]

that is basically the story here, and yes the buyer can sign away the rights of the seller by making his own arrangements with the courier once it is in their hands.

In future, we are writing on connotes instructions now that the item is not be left ATL.

[franklinartstudio]

that is basically the story here, and yes the buyer can sign away the rights of the seller by making his own arrangements with the courier once it is in their hands

[springyzone]

I don't have a solution for you, but what is hitting me in the eye here is the fact that those who work at the ebay resolution centre need to really listen to the story the whole way through. It is no good telling a seller it is their responsibility to sort out the insurance if the buyer has signed away the rights.
What ebay should be doing is asking for documentary proof to back that up and going from there.
It might mean the case went undecided for a few days but so be it.

In a proven case, they should then contact the buyer and explain that the seller had covered insurance costs but the buyer had signed a waiver to any damage claims and so could not now proceed.

I'm sure quite a few cases that come before ebay are going to have complications like this one and what is required is people at ebay who can really listen.
It has been my experience that anytime I have had a problem with ebay and emailed, the response I have had rarely actually addresses the problem, it seems a stock sort of answer.

Ebay needs to lift its game.