antnee
Member
Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
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If you have seen my topic in Geek Day then you will know I got a sat nav off ebay, it arrived this morning with a broken screen.
Item link http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=290283065143&ssPageName=ADME:X:RTQ:GB:1123
Right, contacted the seller about it, they seemed all fine until they asked what I wanted done about it, I said it would cost too much to repair so a refund is the only option
And I got this reply
'Well, the charge for postage was only £1.99, which was for first class mail only, with no insurance offered/included and a no refunds clause. All this was clear on the listing. Checking the royal mail website it seems they offer .'compensation for damaged items from a minimum of 100 1st class stamps (about £35 I s'pose), but you'd have to claim that back. I posted the item from our post room at work, so when I'm back in work in the new year I will ask and see if they have a certificate of posting for it
Under the returns policy it does say 'The seller will not accept returns for this item' but I know from working for an auctioneers, that if the item is not as descriped then a full refund is in order.
But the part of 'compensation for damaged items from a minimum of 100 1st class stamps (about £35 I s'pose), but you'd have to claim that back. I posted the item from our post room at work, so when I'm back in work in the new year I will ask and see if they have a certificate of posting for it' is making out its my problem.
SOOOO where do I stand? It is the sellers responsibility to ensure the item arrives in good condition, right?
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Warren G
Member
Registered: 14th May 06
Location: Kent
User status: Offline
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did you pay via pay pal?
contact email and paypal
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antnee
Member
Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
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Yeah, always pay through paypal
Just sent them this reply
'Right, 2 problems there,
1, Its YOUR responsibilty to ensure the item gets to me in working order, YOU have to pack it correctly in order for it to not get damaged. Also if you don't choose to get insurance you lose out. Thats why they ask you if you go to the post office, 'is it worth more than £35?'
2, Also it is against the law to sell something as it has been described.
So a refund is in order, of £42.97 back into my paypal account'
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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if it was in that box there is no way it would get damaged. i am sure it was like that befoe he packed it. there are some right badgers on ebay. just open a dispute in paypal, because it is not as described. and use "buyer is always right" rule.
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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your in the right, he's in the wrong.
is his responsibility to make sure he packages it correctly. ok fair enough some items do unfortunately get damaged while in transit, but that's what postal insurance is for.
tell him to sort it out, it's not your problem.
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Gareth F
Member
Registered: 16th Jan 08
Location: Location Location
User status: Offline
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So has no one else noticed the screen is broken in the picture then?........
When you crack screen like that the screen colour changes due to the damage
(and oh look a purply mark across the screen exactly where its broken....)
Hes having you on bud.
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jrsteeve
Member
Registered: 3rd Apr 02
Location: Manchester
User status: Offline
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I wouldnt worry massively mate because paypal is pretty good on behalf of buyers.
The item was either missold or damaged in transit, which are both due to them.
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antnee
Member
Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
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All I can see on the screen on the pic on ebay is a reflection which is just left of where the screen is broken.
Ive started a paypal dispute as this was the last messege I got from the seller
quote:
The item was indeed as described. Any damage occurred either in transit or whilst it was in your hands. The item was adequately packaged. In fact the manufacturer's own packaging was used. Also, you have confirmed to me by email already that the packaging was damaged. I don't know why you are blaming me, I would blame your heavy-handed postman. Check my feedback. I am not in the habit of sending items with poor packaging. In fact the feedback I received last night from another satisfied buyer says "Well packaged". As for insurance the listing clearly stated no insurance was provided. It is the buyer's choice on whether to bid on items with no insurance offered. You could have bid on a similar item with special delivery included, for £10 more. But you didn't. I suggest you save the packaging and contact royal mail for your compensation.
Brown paper around the standard box isn't adequately packaged, as all that is protecting the screen is a thin bit of cardboard!
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John
Member
Registered: 30th Jun 03
User status: Offline
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Paypal dispute and leave him bad feedback, he can't leave it back.
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Aaron
Member
Registered: 9th Aug 04
Location: Cottingham, East Riding
User status: Offline
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quote: Originally posted by John
he can't leave it back.
Sneeky Sneeky
Might be an idea to give him a small threat to leave the feedback first...just to see if that changes his stance on the situation.
Then, no matter the outcome....leave it anyway
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John
Member
Registered: 30th Jun 03
User status: Offline
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He could on the other hand be totally genuine.
If he's posted that working it is the fault of the royal mail and up to you to claim it back, he could be more helpful though.
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antnee
Member
Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
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He seems genuine but just unhelpful
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Welsh Dan
Member
Registered: 23rd Mar 00
User status: Offline
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It is the sellers responsibility to ensure that the item is insured correctly. I never pay for insurance as a buyer, as if it breaks or doesn't get here, I claim via Paypal.
Interestingly, given that I used to work for Royal Mail Customer Services, and specifically the team that dealt with eBay cases, we normally refused to pay the buyer of the item, on the basis that it generally cost us less to refund the seller (unless of course, the seller refuses point blank to claim.). In addition, if he's charged you for postage and used his companies mail room, i'd be having a word with him about that as he is unlikely to actually have paid any postage........
[Edited on 26-12-2008 by Welsh Dan]
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strick206
Member
Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
User status: Offline
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You'll win the claim via paypal, email him telling him about the paypal claim
He is arguing over 10quid He should just sort the refund out and get 35 back from royal mail, small loss but that's his own fault
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Bram
Member
Registered: 25th Mar 02
Location: Derby
User status: Offline
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Leave bad feedback asap, that'll make him squirm a bit! The couple of Paypal disputes I've had in the past have all been resolved in my favour and pretty quickly. You're definately entitled to a refund
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antnee
Member
Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
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Ill see what he does through paypal, I did just ask him for the item cost over ebay messeges, but added in for the postage too through paypal cos hes a cunt
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R1CH
Member
Registered: 28th Sep 03
Location: Kent
User status: Offline
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I hate paypal disputes!
I had a buyer, who bought some suspension off me, he said he didnt receive them.
As I sent them recorded I got proof. added to my part of the paypal claim. and they still gave him his money back! and I lost the suspension and the money!
[Edited on 26-12-2008 by R1CH]
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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The seller will need to refund you & then claim off royal mail himself as the item was sent by him, therefore hes entered into a contract for the royal mail to deliver his parcel, not you. So Royal Mail wont deal with you only him.
Id give neg feedback & start a paypal claim.
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antnee
Member
Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
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Got a paypal dispute going now, will send him a messege through ebay now too
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