Help with missing items from delivery!

fordie1974

Hi All, Need a little advice! I recently sold a bouncy castle and blower on eBay. I did state in the listing I prefered collection, but would be prepared to post. Anyway, the winning bidder wanted it posted, so I packaged it up and DHL collected it. It arrived at the other end, they signed for it, all okay so far!!!! They opened the package to find the blower was missing, on closer inspection they saw the parcel had 'repacked by DHL' on it. DHL don't want anything to do with it as it was signed for, so doesn't look like I can claim on the insurance! The person who bought it is demanding I buy and send him another blower or arrange for it to be collected.......all at my expense. I did suggest that I would contribute towards the cost of a replacement blower, more as a gesture of goodwill, as they had signed for the parcel, but I do feel somewhat responsible as I had packaged it. He has also givern me a deadline of this friday to sort it out........and this is why I said I prefered collection!!!
Does anyone have any idea where I stand on this?
Cheers

justevi

Personally I wouldnt have thought buyer had a leg to stand on. They signed for package and we all know that you are not only signing that you have received parcel but that it isnt damaged. You also only have their word that blower you is missing.
I do however think that DHL should have pointed out that it had been repacked by them as the buyer wouldnt have known what your packaging was like and I suppose a sticker (or whatever said it had been repacked by them) wouldnt have been obvious. I think it is up to them to complain to DHL about it. TBH If it looked well packaged with no obvious damage they would probably have just signed for it as I would have myself.

DocProc

I think you need to speak once again with DHL - and by a visit to your local office to see the manager instead of just a telephone call.

Your buyer signed for the DHL driver to say he had received the package, not that all the contents were inside it.

And you say that the package had been opened and re-packaged by DHL?

It seem the Manager needs to investigate and question the driver who collected it from you.

Next he needs to question the DHL member of staff who re-packaged the item.

Then he needs to have a word with you about his findings and explain what the contractual arrangements were between you and DHL and as to how they might have changed when the package is mysteriously or disadvantageously opened or falls open and is then re-packaged by DHL. This latter, was done without any contact with you, and so how do you know if all the contents were put into the new packaging? Simple. You don't.

They should be insured for this and you need to push them so that you can make a claim on their insurance.

And where is this missing blower? If it fell out of the package, that must have happened in their van or on their premises for sure.

You know how well or not you wrapped this lot up. How could it have it have come undone? Easily? With difficulty? If the latter, and surely you know it, then it has suffered from some calamity whilst with DHL.

You can't argue the toss on all of this on the phone. I think that's why you need to visit and see the manager and talk it over with him. And when you do - SMILE.

sunnysea83

did he pay via paypal because if he did and opens an item not discribed, he will be asked to return it at his cost and you will then have to refund and take up with DHL.

fordie1974

He paid via bank transfer as he doesn't use paypal, I did think about that and at least that way he would be paying the return postage!

poppyolivia

I'm never dealing with DHL ever again, really bad company.. 4 out of 5 parcel broken/smashed and no leg to stand on...I always ask a seller now who they are sending by and if DHL is mentioned I don't bid.

Good luck with everything.

fordie1974

Does anyone know what his legal rights are, as he is being so funny about it, I don't really feel like helping him much more than I have too. I was perfectly willing to come to a compromise with him, but it seems he wants it all his way!

soolin

His rights are to receive the item he paid for, it is actually up to you to sort out the problems with DHL and refund if necessary. However I would still be pushing here for a compromise.

Just imagine if you bought something from Amazon and the courier delivered it incomplete, would you accept it was your fault or expect Amazon to put it right?