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Do I neg him?

I bought a DVDR (home recorded, out of copyright) box set of old comedies off ebay, and whilst they arrived promptly and the discs play OK, the box DVD 6-box itself was damaged. I asked for another box and got the following reply:

"hi,sorry your box is damaged, but you can thank our great postal service for damaging your box,boxes can be got at car boot sales or markets or computer shops for around 50p.regards,****"

He really should replace it but looks like he won't.
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Comments

  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    It is his responsibility to get the items delivered to you securely, intact and undamaged.

    Thank him for his concern and ask that he begin a claim for damages from the post office through the proof of posting that he obviously wold have obtained when posting. (Claiming is also his responsibility - find the details on Royal Mail website that the sender claims)

    Or ask him that finding another case for the product is fine and when should you expect his payment for covering this cost.

    Can you do a chargeback through Paypal for damaged goods? Check out their t&c's.

    Has he left feedback for you yet???
  • ffacoffipawb
    ffacoffipawb Posts: 3,593 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It is his responsibility to get the items delivered to you securely, intact and undamaged.

    Thank him for his concern and ask that he begin a claim for damages from the post office through the proof of posting that he obviously wold have obtained when posting. (Claiming is also his responsibility - find the details on Royal Mail website that the sender claims)

    Or ask him that finding another case for the product is fine and when should you expect his payment for covering this cost.

    Can you do a chargeback through Paypal for damaged goods? Check out their t&c's.

    Has he left feedback for you yet???

    No feedback yet.

    OK, have sent the following reply .........

    "Thanks for your concern. I ask that you begin a claim for damages from the post office through the proof of posting that you obviously would have obtained when posting. (Claiming is also your, ie the sender's, responsibility - there are details on Royal Mail website that the sender claims).

    Finding another case for the product is fine and when should I expect your payment for covering this cost.

    Thanks"
  • matto
    matto Posts: 650 Forumite
    out of copyright

    They must be old.
  • Moglex
    Moglex Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts
    matto wrote:
    They must be old.
    How many TV comedies were there prior to 1931?
  • bleugh
    bleugh Posts: 1,796 Forumite
    erm...............

    my suggestion, do nothing, think yourself lucky that you've got away with breaking the law by handling pirated goods, leave no feedback at all is best


    ebay / the police really don't look at this type of thing very well,
    money saving my @rse.
    I've spent 10x as much as I would if I had never discovered this website :-)
    :: No Links in signatures please - FM ::
  • John_T_5
    John_T_5 Posts: 219 Forumite
    bleugh wrote:
    erm...............

    my suggestion, do nothing, think yourself lucky that you've got away with breaking the law by handling pirated goods, leave no feedback at all is best


    ebay / the police really don't look at this type of thing very well,

    As the original OP stated the items were out of copyright, and in the absence of any further information to the contrary you have no right to accuse him of dealing in pirated goods.
    "As if by magic... the shopkeeper appeared."
  • savingforoz
    savingforoz Posts: 1,118 Forumite
    Also, if these boxes really are so cheap, isn't it a bit of an overreaction to expect him to start a damages claim with the Post Office etc? Why not just accept the damaged box, repair it or get a new one and chalk it all up to experience? It's not his fault that the Post Office damaged the goods - I can see where he's coming from with this response. Doesn't deserve a neg response, IMHO.
    Life is not a dress rehearsal.
  • Moglex
    Moglex Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts
    Also, if these boxes really are so cheap, isn't it a bit of an overreaction to expect him to start a damages claim with the Post Office etc? Why not just accept the damaged box, repair it or get a new one and chalk it all up to experience? It's not his fault that the Post Office damaged the goods - I can see where he's coming from with this response. Doesn't deserve a neg response, IMHO.
    Indeed.

    I've bought a few of these boxes from a very good company that packs them very well indeed, and have received the parcel with no external damage and still there has been the odd broken box.

    These boxes are extremely brittle.

    Given the low cost of these things I think you should be magnanimous.
  • bleugh
    bleugh Posts: 1,796 Forumite
    John_T wrote:
    As the original OP stated the items were out of copyright, and in the absence of any further information to the contrary you have no right to accuse him of dealing in pirated goods.



    erm.......ignorance of copyright laws here in the UK is no defence.

    put simply, ANY tv show aired recently enough to have been able to been recorded on to DVD by any means will have a copyright owner somewhere, UNLESS of course, the show has been specifically placed into the public domain (which is EXTREMLEY RARE)

    this argument can NOT continue unless we know the item number / what the comedy is






    Public Domain refers to material which is either non-copyright - effectively public property - or so old that the original copyright has expired. In the 'non-copyright' instance, we're talking about historical works such as the song "Greensleeves" or the plays of William Shakespeare. 'Copyright expired' can only be claimed when it's truly ancient material, such as silent movies from the 1920s, recordings transferred from sixty-year-old 78s or "Old Time Radio" shows from the 1940s. It should be perfectly obvious that the "Public Domain" tag cannot be applied to current or recent TV shows, regardless of what they are



    From the FACT (Federation Against Copyright Theft)

    Q. Can I sell copies of television shows that I recorded from a television broadcast for people who wish to keep up to date with favourite shows?
    A. No. These are [also] unauthorised copies and are liable to be removed.

    Q. Can I sell unauthorised product if I warn buyers that the product is not real?
    A. No you cannot. The product remains an unauthorised product.

    Q. Does this apply also to converted or ‘back-up’ copies?
    A. Yes. When ‘converted’ (i.e. a film product copied to another format for another market) and ‘back-up’ refer to unauthorised copies of copyrighted material they remain illegal. There is NO provision for film media backups within UK Copyright Law.



    oh, as for the other matter about the broken cases, ignoring everything else,

    the cases are the responsibility of the seller, if they didnt pack well enough to ensure safe delivery, that;s NOT your fault, they're liable and should replace them or refund you a proportional amount to allow you to replace them yourself

    you should NOT be out of pocket for their mistake
    money saving my @rse.
    I've spent 10x as much as I would if I had never discovered this website :-)
    :: No Links in signatures please - FM ::
  • John_T_5
    John_T_5 Posts: 219 Forumite
    The OP did not make any mention of the recording being television programmes, just comedies, they may well be old films recorded from television, but I don't want to go down the road of making assumptions like you have, your are going wildly off the original topic and I certainly have no desire to create an argument over it.
    "As if by magic... the shopkeeper appeared."
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