DOES THE SELLER PAY FOR RETURN FREIGHT

[ianp3631]

DOES A SELLER HAVE TO PAY FOR RETURN FREIGHT WHEN SOMETHING HAS BEEN DAMAGED IN THE POST EVEN WHEN THEY STATE THAT THE BUYER PAYS FOR RETURN FREIGHT IN THE LISTING

[2011.narelle]

Yes.The items are meant to be packed well enough to withstand postage with no damage to the item regardless of rough postal handling.

It's the same as when a seller states that they are not responsible for items going missing in the post.

It may help to send a pic of the damage & the seller can assess if it is worth it to them to pay for return post/freight.

Don't msg your seller in CAPS LOCK! it's yelling & they might not like it so much.

[2011.narelle]

Was that for your recent neg about the broken item? Offering credit on another purchase for broken/damaged goods won't cut it with the new MBG or with most buyers.That will only get you low DSRs & negs.

Buyers want refunds for damaged items & if you don't they will open a case & get it through eBay/PayPal anyway.

[tall_bearded01]

You may won’t to reconsider your advice. Cut and paste from eBay Money BACK Guarantee document

Not Covered … Items damaged during…postage.

[antonios7529]

If the item was damaged during delivery it is sellers responsibility. It means that they have  to pay for return fright.

My products are small and when I have a problem I write the buyer to keep it and I send immediatly an other one!

Sellers respobilities do not end when they delivery their products but when the buyers received them as they  were described!

In past I asked post office if they offer any guarantee for fragile items they said NO   and they adviced   me if my product falsl from over a metre high without damage  thendo not worry!  My product was very fragile and I do not sell it online!

All sides should be responsible for their acts, including sellers!

[tall_bearded01]

As per my previously post - Direct cut and past from the eBay Money Back Guarantee: Not Covered … Items damaged during…postage

There is a fundamental difference between what sellers are legal obliged to do, and what buyers think they ought to do.

Item damaged in transit are not covered under either PayPal Buyer Protection and/or the eBay Money Back Guarantee. They are not covered because legally they were damaged AFTER they were delivered.

Distance trading law 101. An item becomes the property of the buyer no later than (and sometimes before) they have paid for it, and deemed delivered (that is deemed received) by the buyer the moment is has been handed to when it is handed to the carrier.

So what are the buyer rights? The seller is the buyer’s agent, let me repeat that, THE BUYER’S AGENT, for the purpose of delivery, and as such, must adhere to all reasonable requires and instruction issued/made by the buyer regarding delivery. Therefore they (the buyer) can instruct the seller on how it is to be packed and the kind of service to be used –eg ‘I want it double boxed and a fragile service used), and needless to say, the buyer is required to pay for the service they have selected. Furthermore if the buyer issues no direct instructions, but instead simply pays for one of the postal options contained in the listing, then that in itself amounts to an implied instruction, to send it using the service paid for, and as such they carry any inherent risks in connection with the servce selected, whilst in transit.

The point, the ability to leave negative feedback is a poor substitute for a high priced item which arrives broken only to find out you (the buyer), on account of ignorance, have no recourse against the seller, PayPal, or eBay.

Therefore if you can’t afford to lose it, insure it.

[funkyflamingo*]

I make sure that all items posted, have insurance.  My items can be quite large, and are one off's, hence I can not replace the item if it gets damaged in transit.

I now go to the trouble of   photographing  my expensive items packaging , and write on the parcel "item insured", do not drop, Fragile, and packaging photographed.

There is not much else I can do!  So if the item does get damaged in transit, you are then covered by the insurance, and you are not out of pocket.

[2011.narelle]

OK but when the buyer receives a broken item & files a SNAD ie was listed with pics as not broken & it arrives broken,then the seller has a hard time proving that it was damaged in transit.

eBay will still rule in the buyer's favour & refund.

[tall_bearded01]

To prove it wasn’t damaged before it was handed to the carrier, all the seller has to do is supply an affidavit (stat dec) to that effect..

A sworn statement is proof of a fact unless the other party (the buyer) has proof to the contrary. That is once the statement has been sworn it’s not up the seller to prove they are telling the truth. It’s up to the buyer to prove they, he seller, are lying. Rules of evidence 101

Then if PayPal decide to ignore that proof, all the seller needs to do is file a complaint with the office of the Financial Ombudsman Service. And very soon thereafter, PayPal will reverse the decision

As for eBay Money Back Guarantee, it’s even easier. I refer back to my earlier post. The Guarantee expressly states that items damaged in the post are not, repeat are not, covered under the Guarantee.   Therefore, if someone, at eBay decides otherwise, it only requires a few short keystrokes to file a complaint with the ACCC.

The point. The indications are that the Guarantee is already raising a few eyebrows at the ACCC. So how do you think they are going to react, when a seller files a complaint which is proof positive that they, ebay, are not prepared abide by the very limitation that they themselves have put into place.

[harley_babes_hoard]

What would we do without you TB.

Cheers for the info