Item damaged in transit - where does liability lay?

zenseeker

What was the item anyway? Just curious really.

natalieho

I also dont think you can blame the seller, he sent the item by your courier when it was fine, terms of couriers always asks you to check if items are covered, the reason some arnt in your case is because they get broke easily. Not sure how seller can be blamed, its not covered because as you admit you never checked

soolin

I think a good buyer would accept that they should have been collecting the item and by sending a courier they took on the responsibility.

However strictly speaking you will win a paypal chargeback as long as you can find a shipping company that will take the item back and fully track it to its destination. You are quite limited on time though so will have to sort that out ASAP and make sure the courier is happy to carry a broken item

You have just proved to me why my policy is to NEVER allow people to send a courier when I want somehting colelcted, and why |I will always say that when people ask for advice.

George666

Hi OP this could go either way if it comes down to a paypal claim but I think you would lose a paypal claim and this is why.
The advise you were given by the ebay advisor sounds to me like the normal answer they give everybody and that the advisor has not taken into account the facts of your case also you spoke to an ebay advisor who may know little or nothing about paypal claims.
99% of the time the advise you were given would be right but if your item was listed as collection only with no postage option when you booked the courier transit and insurance of the item became your responsabilty.
On a paypal claim if the seller is clever enough or is reading this then they will point out that you bought a collection only item and that you then booked the courier and state this on the paypal claim, and that as such they cannot claim for any damage in transit from the courier you booked.
Paypal will most probably then find in the sellers favour and tell you to claim for the damage from the courier you booked as you have the contract with the courier and the seller does not.
If you think about it if paypal refunded you from their point of view you may also be able to claim for the item from your courier as well thus getting refunded twice paypal have no way fo knowing that you cannot claim from the courier and as you booked the courier insurance of the item became your responsability anyway.
I know that this is not the answer you wanted but I do have some advise I would keep comunication informal with the seller and not rush into making a claim as you may well lose.
The seller may take some responsabilty for the packaging of your item and refund you something but in your case if you open a claim I think you may end up with nothing.

pinkshoes

Ultimately, the issue here is that you chose a courier that had this particular item on their list of exemptions.

If that wasn't the case, you would be getting the courier to pay for the damage.

hermum

You arranged for the collection, so you became responsible for it. The seller no doubt had it down as collection only as it was too much hassle to get it delivered.

Maysie

I saw a similar thread on ebay yesterday here
http://forums.ebay.co.uk/thread.jspa?threadID=1100314416&start=0

soolin

Thanks Maysie, I doubt the OP wll return but if you are reading this oP, how did you pay?

George666

Maysie wrote: »

I saw a similar thread on ebay yesterday here
http://forums.ebay.co.uk/thread.jspa?threadID=1100314416&start=0

I thanks for posting this I have just had a quick read through it and the over all opinion is that cheques, postal orders and bank transfers are safe but for how much longer now that ebay have started using their own resolution center to refund buyers and then adding the refund to the sellers ebay fees.

fishingcinema

As GEORGE666 posted

"If you think about it if paypal refunded you from their point of view you may also be able to claim for the item from your courier as well thus getting refunded twice paypal have no way fo knowing that you cannot claim from the courier "

I tried to explian this to paypal when a buyer returned an item to me for over £100 and was left without a signature i never received it back and had to fight tooth and nail with paypal to eventualy get a refund from paypal as a gesture of goodwill so the buyer got her money refunded then got to claim off the courier, i explained this to paypal who said they will be keeping in contact with the courier and if she makes a claim deduct this from her. I doubt very much they will take the time to do this.

On your case i agree the seller stated collection only
You asked if it was ok to send a courier therefor in my eyes you should claim from the courier and it would be very unfair of you to put in a paypal claim knowing you paid for the courier its you who should be claiming,

I do agree it was naughty of the buyer to tell you an incorect weight of the item but when ever i get an item couriered i google the weight and dimentions or go on the manufactures website for this info, surely you could have found out the weight, and i am very surprissed you got away without paying a surcharge from the courier as the weight was obveiously well over what you put it down as.