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]

So I write the word c-r-a-p and it gets replaced with "bleep" ?????? LOL.....

[digital*ghost]

Unfortunately, I can't think of anything to help with this case, but was just wondering if you're able to prevent ATL's - I've only dealt with couriers as a recipient (and never give ATLs myself, personally), but I do miss deliveries sometimes and occasionally my options are limited due to the sender's specifications, but don't know if that can extend to the authority to leave.

[expanded_perceptions]

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@franklinartstudio wrote:

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.

---

Sadly I have no words of wisdom for you, but that sucks big time!!! I feel for you, I really do, shocking how common sense is no longer used in disputes!!! How you can be held responsible for that is unbelievable, well actually totally believable under the new policies.

[lyndal1838]

Can you get hold of a copy of the ATL that the buyer signed?

It may not do much good but if you can prove that the buyer has absolved the courier (and by default, the seller) of responsibility you may have a leg to stand on with the Ombudsman.  Ebay/paypal often reverse their decisions when the Ombudsman sticks his nose in.

[thecatspjs]

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@franklinartstudio wrote:

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.

---

If you don't fight stuff like this, you can't possibly win.

I hear your frustration, but rolling over and refunding is akin to admitting liability.

BTW generally as you are the consigner and paying for the service it is tough bickies for the carrier

My advice is to lodge an insurance claim with the carrier.  If a company choses to follow instructions outside of what the sender wants its at their risk - particularly if you have paid extra to send the goods with insurance cover. 

[dylan11235813]

Isn't the seller being contracted by the buyer to post the item using the service they elect? It is the buyer who ultimately decides the fate of the item and by signing the form they have removed their own right to make such a claim.

[thecatspjs]

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@dylan11235813 wrote:

Isn't the seller being contracted by the buyer to post the item using the service they elect? It is the buyer who ultimately decides the fate of the item and by signing the form they have removed their own right to make such a claim.

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No.  This type of safe drop arrangement is between the buyer and the carrier and the seller is not a party to that arrangement.

Different if this information was  relayed to the sender either by the buyer, or the carrier, but it hasn't been.

[dylan11235813]

That is basically what I said in my last post.

Do you agree that the buyer takes ownership of an item once handed to the carrier?

Can the buyer sign away the rights of the seller?

[thecatspjs]

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@dylan11235813 wrote:

That is basically what I said in my last post.

Do you agree that the buyer takes ownership of an item once handed to the carrier?

Can the buyer sign away the rights of the seller?

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No I do not think so based on the information provided.