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Packaging smashed and damaged item.

Grr! not having much luck with ebay at the mo. I bought an item and it came loose in a plastic takeaway tub. Only it was really smashed with half off the tub comletely broken away. The sharpe broken bits have damaged my item. I have contacted the seller and sent photos of the damage but haven't had a reply yet. Do you think i have any right in asking for a new item or a refund as it really wasn't the sellers fault but royal mails for the poor handling. The item is not worth enough for her to claim for the damage.
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Comments

  • alison999
    alison999 Posts: 1,769 Forumite
    id request refund, return item (using registered post) and get your refund. i think shed be able to claim back up to £30 (or just under?) for the item.
  • Bowling_4_Gold
    Bowling_4_Gold Posts: 1,771 Forumite
    The seller can claim upto £39 (plus postage expenses) if they fill in the claim form (They might also need a valid POP from the RM) unless they sent it SD in which case it will be up to either £500 or £1000 or some other value.
    The quickest way to become a millionaire is start off as a billionaire and go into the airline business.
    Richard Branson
  • Awec
    Awec Posts: 261 Forumite
    When you say "loose" in a plastic takeaway tub, do you mean the item was rattling around inside?

    Is the item breakable, because if it is, I'd put that down as poorly packaged.
  • elastigirl
    elastigirl Posts: 581 Forumite
    Yes the item was free to move around in the takeway tub, with no other padding. The tub was then placed in a jiffy bag. I am hopeless with all this as i have once had something else broke in the mail and the seller said as the item Was only £20 she couldn't claim for the damage and i accepted it as she put it it didn't effect the use of the product.

    In this case the item was only £6. The seller has now responded with her best friend has just died and has had other things on her mind, No mention of what she is going to do. I feel awful having to say i want a refund. Should i though? or just ask for a new item? Again the item can be used but is slightly damaged.
    This is my signature!
  • jenniewb
    jenniewb Posts: 12,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Personally, I would just claim back via paypal. You have come to a not-going-anywhere solution. I know it may seem poor taste, but the dieing relative/friend sounds like a waxed lyric. If she is not sure what to do, paypal will do it for her without her doing anything other then nothing at all!
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    The curse of ebay strikes again! Everyone on ebay is sooooo unlucky, they're always getting bereaved or developing terrible illnesses.

    Don't be shy of standing up for your rights. If your item was badly packeged and broken, you are entitled to a refund. Open a SNAD dispute if they are dithering about it too long.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Awec
    Awec Posts: 261 Forumite
    If the item can be damaged by rattling around, and she packaged it poorly, I'd be looking a refund.
  • Maybe I'm cynical, but a lot of brothers/sisters/mothers/friendsoffriends/bestfriends/dogs etc seem to die when things go wrong on ebay.

    edit: whoa, extremely late.
    Undergrad law student. Take my advice with a pinch of salt! :rotfl:
  • elastigirl
    elastigirl Posts: 581 Forumite
    I know it is all to easy to make up excuses but she could be telling the truth that is besides the point though. She hasn't even said sorry ( again i know not her direct fault) But yes i would have liked some padding or have the item wrapped in tissue to stop the broken bits digging into it.

    If she doesn't respond today i will make a charge back though paypal then.
    This is my signature!
  • twinmom04
    twinmom04 Posts: 212 Forumite
    i'd request a refund as royal mail will not give comp if item wasn't packaged properly
    cracker challenge silver: £610/£1010.00 :j
    One debt vs 100 days: 1000.00/0.00
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