Is it unreasonable to ask for photos of damaged item from a buyer who claims item arrived damaged

[davewil1964]

No

[countessalmirena]

If a buyer claims that the item was damaged in the post, the seller may want to ask the buyer to include photos of the packaging as well as photos of the item itself.

Spoiler

The seller may also want to ask the buyer to take the item plus its packaging to their closest post office; the packaging forms part of the evidence in a claim to AP.

There are items the nature of which requires very particular packaging (e.g., bubble wrap around every part, each separate part wrapped separately, double-boxing with packaging material (such as packing peanuts) to absorb shock)... Sometimes one can demonstrate to AP via the nature of the packaging that an item was adeequately packaged and thus eligible for a claim, but if the item wasn't insured, it may be a loss that the seller bears under the eBay MBG policy for items not as described.

The buyer will be covered by eBay's MBG if the item didn't arrive in the condition in which it was described, but the buyer certainly assists the whole process by being co-operative with providing reasonable evidence. There are cases when the seller may be more certain than not that an AP claim is either not worth it or impossible to pursue - in which case photos form the basis of the evidence for a swift resolution. If the seller can see from the photos that the damage claimed has occurred, the seller can instantly contact the buyer with a "So sorry that your item arrived damaged" and issue a full refund through the buyer's original payment method. The buyer will not have to go through a dispute process or wait (or - if the damage is substantial so that it's not worth the seller receiving the item for repair and resale - have to repackage the item and post back to the seller), so it is worth the buyer co-operating in this way.

Or, as davewil said... no. (May the sacred cauliflower be slow-roasted with much butter... he's outdone me again in succinctness.)

[ibeyondwu]

it is the same as what I am facing, the buyer is keeping saying the item is damaged, but never give any evidence.

[lm-entertainment]

you could accept the return and (but not refund until the item arrives) and see if the item is damaged considerably or any differently to when you sent it. if they are trying to make a false claim, this should get them to back off if they aren't willing to return the item. you may have to provide the cost of the return postage though and depending on the cost of the original item, this may not be worthwhile, or the whole process may not be worthwhile. 

have they given any indication as to how it was damaged or the severity? i'm sure this would need to be provided to ebay; but then again, i'm not sure of much when it comes to their inconsistency these days. 

[fromthelodge1]

An eBay seller may well ask for photographic evidence of damage. If the buyer has no camera or camera, this creates a problem for the seller, as there appears eBay does not ask a buyer to provide what it cannot.

It looks like it is the seller’s responsibility to arrange for photographic evidence of through a third party, regardless of how inconvenient this may be. To act as the Devil’s advocate for a moment, where is it enshrined in law that it is the buyer’s responsibility?

And what about the seller claiming from the postal system or carrier? Assuming the goods were well-packed (and can provide such evidence), it appears they may have a valid claim for any loss or damage, if it is damage is done in transit.

In the interim period, the buyer has a claim against the seller, and is referred to in (UK) law under the Consumer Rights Act 2015. It may vary in other countries, but in the UK it specifically draws one’s attention to the periods of time for commencing a claim for damaged goods from the seller, which states:

Less than 30 days one can ask the seller for a repair, replacement or refund, and entitled to reject the item within 30 days of making the purchase under the Consumer Rights Act 2015.

Between 31 days and six months, the buyer is entitled to a repair or replacement if one finds a fault within the first six months of buying the item.

The bottom line is, it looks like it is the seller and not the buyer who has to provide such evidence of damage/no damage, and not the buyer … according to Consumer Rights Act 2015 (in the UK).

[daydreams_12]

PLEASE check dates before you drag up old threads.  Also you are on the Aussie boards here quoting UK laws.  Try  your own forums.

[sandypebbles]

Which has what to do with Australia that happened over 5 years ago?

[kh-syedse]

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread, if you wish to continue to discuss this topic.

Thank you for understanding.