thoughts please on "damaged" item

lisyloo

Hi,

I would appreciate some thoughts from objective people.
I bought a box of tissues (character ones) which were advertised as sealed.
Postal insurance was no offered.

The box arrived, creased, squashed, rip in one corner and the seal was broken.

I am sure the seller sent them fine but Royal Mail have squashed them.
I am not prepared to give this as an Xmas gift as intended and the fact that they are unsealed is a factor (hygiene).

I phone Royal Mail and I don't think they will pay compensation because the item isn't "broken" strictly speaking, however it is not as described (sealed).

So - the question is who should pay.

In my opinion because the seller didn't offer insurance, they should refund as the item is not as described, but obviously I'm biased as the buyer.

Anyone any thoughts?

Thanks

Hintza

Here would be my reply:-


Many thanks for the prompt delivery of the tissues. Unfortunately they have become very squashed and the seal has broken in transport. I had intended to give these as a Christmas present but this is now not possible. Please see attached photo to confirm. Any help you can offer in the matter would be greatly appreciated. Kind regards etc
This then puts the ball back in the sellers court in a non confrontational manner and will allow them a chance to come up with a solution. You can then take it from there.

lisyloo

I have done this.
The seller wants them back to claim against royal mail.
I don't want to send them (at my cost) as I don't think Royal Mail will pay out.

Does anyone know whether I can try the claim against royal mail myself or do they insist the sender does it?
(the difference is that I have the item, so it costs me nothing to claim, if the seller claims I have to incurr postage to return).

angelcake

You have to have the full details of transaction. Surely they won't cost a lot to send back (I mean on the sellers part) they can't be heavy, what is the sellers feedback like?

bleugh

probably another case of poor packaging, not the royal mail's fault i'm afraid

the seller will need to claim against royal mail, but refund you fairly quickly as royal mail claims take months!

yes, you would have to incurr postage to return the item :-(, though morally, if i've screwed up, i always refund in full, including postage

Contains_Mild_Peril

Yes, unfortunately RM insist that claims must come from the sender rather than the recipient. I assume this is to save them from accidentally paying out twice for the same item. It looks like your return postage costs will be unavoidable if you wish to claim a refund.
The damage to the goods would be sufficient to claim compensation from RM if the item was adequately packed. The claim will probably hinge on this point. If it was packed in an outer box, I'd expect them to pay up, but if it was only paper wrapping, for example, they'd probably refuse, saying that it's the sender's responsibilty to pack goods safely. You should include all the original packing when you return the item.
In any case, a reputable seller should refund on receipt of the returned item, rather than waiting for the outcome of a claim against RM, which may take some time. The seller may even decide to accept if the loss themselves if it's a fairly cheap item and they think it's more hassle than it's worth to claim compensation.
There is little point in sellers offering postal insurance on goods under £30, since standard post is covered up to that amount. All the seller needs to do is obtain a free certificate of posting when sending the item, then they can claim for any loss or damage.

lisyloo

Thanks for the replies.
The seller has decided to refund as she is away and can't get to the post office for a couple of weeks.
Has worked out well for me.