Bought item damaged, can I get compensation for collection hassle as well as refund?

johnnyboyz

I bought a very large pine framed mirror on Ebay which was described as being in excellent condition with no damage mentioned. I only paid £16 as I guess a lot of people would find the mirror to big to collect in a normal car.
I collected it this morning at the crack of dawn in my estate car having taken out the child seats and let down the back seat and driven for 40 minutes. I paid cash on collection.
I didn't examine it very closely on pick-up but it looked ok.
However, when I got it home I noticed a large scratch in the wooden frame and a gash in a corner of the frame where there is also a chip of wood missing.
Having seen that damage I don't really want to hang it on my wall and am feeling pretty annoyed.
The vendor, who was actually selling for somebody else, has 100% feedback (80ish transactions).
I'm going to email him and ask him to collect the mirror and refund the money but feel like asking for another £10 or £20 for wasting my time and petrol not to mention all the associated hassle.
Am I justified or allowed to do that?

frivolous_fay

Really you ought to have looked at it a bit more closely on pickup - seems a bit steep to demand he compensates you for the time, petrol, etc.

Brooker_Dave

johnnyboyz wrote: »

I bought a very large pine framed mirror on Ebay which was described as being in excellent condition with no damage mentioned. I only paid £16 as I guess a lot of people would find the mirror to big to collect in a normal car.
I collected it this morning at the crack of dawn in my estate car having taken out the child seats and let down the back seat and driven for 40 minutes. I paid cash on collection.
I didn't examine it very closely on pick-up but it looked ok.
However, when I got it home I noticed a large scratch in the wooden frame and a gash in a corner of the frame where there is also a chip of wood missing.
Having seen that damage I don't really want to hang it on my wall and am feeling pretty annoyed.
The vendor, who was actually selling for somebody else, has 100% feedback (80ish transactions).
I'm going to email him and ask him to collect the mirror and refund the money but feel like asking for another £10 or £20 for wasting my time and petrol not to mention all the associated hassle.
Am I justified or allowed to do that?

You have no hope of a refund, let alone "compensation".

The onus is on you to inspect when you collect something, the seller will doubtless claim that you did the damage and that it was mint when you collected it.

I assume you mention the 100% feedback as you plan to demand compensation and a refund or a neg will follow?

johnnyboyz

Of course I mention the 100% feedback in association with getting a refund , He may think it's worth protecting his 100% for the sake of £16.
The compensation issue is what I'm asking peoples opinion on.

Brooker_Dave

johnnyboyz wrote: »

Of course I mention the 100% feedback in association with getting a refund , He may think it's worth protecting his 100% for the sake of £16.
The compensation issue is what I'm asking peoples opinion on.

The onus is on you to inspect something you buy and collect, so you have no hope of a refund or compensation.

This is a situation of your own making, why should anyone compensate you??

johnnyboyz

Brooker_Dave wrote: »

This is a situation of your own making, why should anyone compensate you??

Well if I sold something for a mate and they didn't tell me it was damaged , which may be what's happened, then I certainly wouldn't want to lose my 100% feedback for the sake of £16.

frivolous_fay

With collected items, the onus is very much on the buyer to check they're getting what they expect. It isn't unheard of for buyers to walk away in the face of unsatisfactory goods. Collecting buyers need to be more vigilant, because securing refunds is a great deal harder than when purchasing delivered items.

If you went to buy a car and found it covered in rust and falling to bits, but bought it anyway, you couldn't realistically expect the seller to later entertain a request for compensation for your time/petrol if you decided it was too rusty for you.

johnnyboyz

But in that scenario I'd be a lot more careful because I'd have no comeback.

In this case I have some comeback because even one -ve feedback will seriously damage his credibility as a seller.

If I had that power over car dealers they would be less likely to sell me a dodgy car!

Anyway I've emailed the seller asking for just collection and refund, will see what happens.

frivolous_fay

People sell cars on ebay too.

What you're proposing is akin to feedback extortion, so tread carefully. Being able to leave a neg is not an appropriate 'comeback' to someone who doesn't jump when you say jump. You appear to be threatening someone with a neg if they don't meet your unreasonable expectations.

johnnyboyz

what's unreasonable about asking for a refund for damaged goods?

Tozer

johnnyboyz wrote: »

But in that scenario I'd be a lot more careful because I'd have no comeback.

In this case I have some comeback because even one -ve feedback will seriously damage his credibility as a seller.

If I had that power over car dealers they would be less likely to sell me a dodgy car!

Anyway I've emailed the seller asking for just collection and refund, will see what happens.

Sounds like blackmail to me!

You had the opportunity to inspect it. If you chose not to exercise that opportunity, it is your own fault.