Is proof of damage required?

Hi there

 

Really appreciate some advice on this one. A buyer emailed me and asked for a full refund because the item I sent was broken in transit. I responded with 'no worries, apologies, please send me a photo of the damaged item and I will supply a full refund'.

 

Buyer refuses to supply photo, sends another longer email saying doesn't have time for messing around with photos and has the item (smashed to pieces) in his drawer.

 

I again ask for a photo and offer to fully refund him upon receipt of photo.

 

Buyer opens a return request and says item was wrapped in "flimsy" bubble wrap and "thin padded envelope". Again, no photo. 

 

Does the buyer have to prove the item is broken or will eBay just refund them on the basis of their word? I want to do the right thing but there's something really off about this guy...aggressive and uncooperative.

 

Thanks

Message 1 of 28
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Re: Is proof of damage required?

THE RESULT

My situation with this buyer has now been resolved. Yes, eBay refunded him but they paid the refund, not me.

 

Apparently they contacted the buyer and he'd 'tried 6 times' to upload a photo of the damage but it wasn't working for him. So no proof of damage was received. This despite the fact that he is a Tech Support Officer at a university (where I sent the item, I googled him). 

 

What a liar! I'm meant to be happy that I didn't lose any money. It could have been worse. But there's still a prolific ebay buyer out there (over 1,500 reviews) who is a liar and a thief. 

 

Thanks again for all your advice.

Message 11 of 28
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Re: Is proof of damage required?

That is pretty unfair to label a buyer a liar and a thief because they were not able to upload a photo.

If you have read the boards recently you would know that there have been problems with uploading photos and it does not matter how experienced the buyer is....if an ebay function is not working it is not working.

 

These boards serve more than one purpose....as well as sellers being made aware of bad buyers we buyers can see what sellers to avoid also.

Message 12 of 28
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Re: Is proof of damage required?

Both buyer and seller can see each other's email address from Paypal. If there is a technical difficulty uploading photos just send them directly to the other party's email address. Then update the ebay case with something like "Due to ebay's uploading bug, I have sent you photo-proofs directly to your email address" or something to that effect.

Message 13 of 28
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Re: Is proof of damage required?

I'm glad you didn't have to pay out of your own pocket.

I do think the man was laying it on a bit thick to ebay and probably fibbing about not being able to upload pictures at least because of something you said earlier. (below in red)

So, he wasn't even trying to send a photo, he just thought he should be taken at his word.

Maybe the item really was broken & he was just lazy but I have always had to provide photo evidence on other buying sites before being refunded.

 

 

 

 

Buyer refuses to supply photo, sends another longer email saying doesn't have time for messing around with photos and has the item (smashed to pieces) in his drawer.

 

 

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Re: Is proof of damage required?

Here was his second response to my request for a photo after he said he didn;t have time for it:

 

"We have a legal contract - You provide the goods as listed & I pay for the item + postage. I have fulfilled my part of the contract - there is no obligation on me to do anything else. As I see it, one of your main obligations is to show due diligence in packing a fragile porcelain item sufficiently well to prevent breakage - this was not done - it should have been in a box. If you don't want to issue the refund OK - we will let eBay sort it out & then I will post my feedback."

 

Needless to say, the item was well packaged and 2 other buyers around the same time included specific positive feedback about my packaging in their feedback. I do not accuse people of dishonesty lightly but, of course, you're welcome to draw your own conclusion about him.

 

Message 15 of 28
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Re: Is proof of damage required?

A buyer must always produce proof when claiming damage. It is the onus of the person claiming something to prove it.

 

I had a case where the buyer said she did not have a camera. In these days and age, everything has an in-built camera. So I told her to escalate the case to ebay as my policy requires photo-proof. She did not want to escalate and kept sending me messages several times a day until the very last day before an escalation would have been disallowed. Then she escalated the case. ebay sent her a digital postage barcode and told her to return the item. She did not, a week or two later (10 days?) ebay returned my money.

 

I don't know about other sellers, but I personally hold tough on dubious buyers and take the red. A huge majority of buyers are honest and genuine, but there will always be some who are a little shady.

Message 16 of 28
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Re: Is proof of damage required?


@melbourneclearance wrote:

A buyer must always produce proof when claiming damage. It is the onus of the person claiming something to prove it.

 

I had a case where the buyer said she did not have a camera. In these days and age, everything has an in-built camera. 


Some of us are dinosaurs and don't own the "everything" that has an in-built camera.  I'm not the only one I know who doesn't even have a mobile phone.  I don't even have a cordless phone! 

Message 17 of 28
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Re: Is proof of damage required?


@melissad2825 wrote:

Here was his second response to my request for a photo after he said he didn;t have time for it:

 

"We have a legal contract - You provide the goods as listed & I pay for the item + postage. I have fulfilled my part of the contract - there is no obligation on me to do anything else. As I see it, one of your main obligations is to show due diligence in packing a fragile porcelain item sufficiently well to prevent breakage - this was not done - it should have been in a box. If you don't want to issue the refund OK - we will let eBay sort it out & then I will post my feedback."

 

Needless to say, the item was well packaged and 2 other buyers around the same time included specific positive feedback about my packaging in their feedback. I do not accuse people of dishonesty lightly but, of course, you're welcome to draw your own conclusion about him.

 


Just a side track here:  (i like the side track... its sooooooo....... diversional Man Tongue   )

Why didn't you post a ceramic item in a box? 

 I'm wondering if your buyer was telling the truth, and perhaps so annoyed at the lack of safe packaging that he decided to not give you the satisfaction of a photograph.  (just a thought)  

TBH, I'd be a bit peeved if I order a fragile item and it arrived wrapped in bubble wrap and placed in a satchel/envelope/padded bag instead of a good solid well fitting box.

Anyway, he's happy with his refund, you didnt have to pay it, so its a win for you too. I know you are not happy, and you had previous items arrive safely, but that doesnt mean its a safe method of packaging.
JMO

cheers

xxj

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Be Kind To Nurses....
They Stop The Doctors From Killing You.
Message 18 of 28
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Re: Is proof of damage required?

All I can say in response to you is that I thought about what I thought would be the best packaging and I didn't think it was a box. There are certainly things I will learn from this encounter. It's a judgement call. (I love diversional questions.) 

 

BTW, it wasn't the fragile porcelain object he describes; much more robust.

Message 19 of 28
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Re: Is proof of damage required?

Why is he saying it's a fragile porcelain item if it's not? I'm sure he knows what he bought. I have had porcelain plates wrapped in a single layer of newspaper, then put neatly into a satchel.......with no other packaging. Of course they arrived smashed. Not only was it a shame that these hard to get plates were smashed, it was outright dangerous for the postal workers having to handle it. I'm surprised it was delivered at all.

 

The seller refunded without a dispute, but she couldn't see what was wrong with the way they were sent. Unless it's something solid like a book or a car engine, put it in a box. 

 

Edit: It was pottery. Still fragile and should have been in a box. If you posted it in anything less, then you got off lightly not having to refund. I would have been pretty pished if that pottery box had been posted in a satchel. You have a lot to learn as a seller if you plan on selling breakables. 

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