Item damaged in transit - where does liability lay?

sonypc100

soolin wrote: »

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

I used PayPal

sonypc100

hermum wrote: »

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.

Then surely when I enquired about delivery, the seller should have said no, rather than wanting to make a quick sale?

I didnt plead or say I needed it for an emergency or a wedding or birthday present, I simply asked if delivery would be possible.

The reply came back that yes it would be and that it would be packaged very securely for courier delivery.

Also, why should all the liability lie with the buyer if the buyer arranges the courier service as this means the buyer is totally reliant on the sellers packing skills and as someone with over 10 years of ebay buying under my belt I have been shocked at some of the terrible packing of packages I have recieved!

sonypc100

The item cost approx £250 and the repairs are £85, now I am trying to reason with the seller who has little feedback and already a couple of negatives from others and the seller is just not playing ball. I am sure we could come to some arrangement on the cost of the repairs.

However the seller is not even willing to entertain a conversation.

This means if I open a dispute I have to claim a full refund as I dont think I can claim a partial refund to part cover the cost of the repairs.

pinkshoes

This is a tough one, as the seller lied about the weight, and you have written confirmation that they would package it suitably.

On the other hand, it was you that chose a courier that wouldn't insure that particular item.

Could you not compromise and go halves on the cost of repair?

I'm not sure how paypal would see this one in a dispute, as obviously the auction would state that it was collection only, so the seller could say that you arranged the collection. You have made no payment to the seller for any delivery.

If you opened a dispute and won, you would then have to pay for tracked delivery to return the item. How much is that going to cost?

Also, was it the sort of item where you didn't question the weight? i.e. 55kg and 25kg are quite different!

sonypc100

Yeah it is tricky pink shoes, it was a small chest freezer about the quarter size of a regular one and I genuinely had no concept of how much they weighed, so I took it on face value that it was 25kg.

The conversations prior to me purchasing are all viewable to ebay in the message centre and the seller does clearly state it will be more than suitably packaged for transportation.

I very much doubt I will find a single courier company who would agree that a 55kg white goods item would be deemed suitably packaged with nothing more than some bubble wrap around it.

I have suggested a compromise on the repair costs but that has fallen on deaf ears.....

drc

Isn't it the seller who is now in a vulnerable position since he has no proof that he posted the item to the buyer who has paid by PP? Isn't this why people warn against allowing buyers to collect and paying by PP? An unscrupulous buyer could just claim they never received the item (I am sure you wouldn't do that though OP).

zenseeker

The seller would most likely have been given a receipt with a tracking number when it was picked up.

George666

drc wrote: »

Isn't it the seller who is now in a vulnerable position since he has no proof that he posted the item to the buyer who has paid by PP? Isn't this why people warn against allowing buyers to collect and paying by PP? An unscrupulous buyer could just claim they never received the item (I am sure you wouldn't do that though OP).

The seller has emails from the OP that state they have recieved the item and tracking details from the courier that they recieved when the item was picked up the sellers position could not be stronger.
OP this is a tricky one as I said before I do not think you will win a paypal dispute in your case it is to easy for the seller to defend as transit of the item was nothing to do with them and they can easily prove it as they were paid nothing for delivery costs.
The seller may know what a strong position they are in and even if by some miricle you won you would have to send the item back to the seller by online trackable means before you were refunded at your own cost as paypal will only refund you what you originally paid so you are still going to be out of pocket for the return cost of a 55kg item and whatever you paid the courier to deliver it to you in the first place all you will get back is the £250 you paid the seller even if you win.
This is an open forum and the seller may be reading this right now if they are they will know exactly how to defend themseves against your claim and exactly how strong the position is that they hold as you stand to be far more out of pocket than the seller even if you are refunded.
I do feel sorry for you because if you lose the dispute you will have to just pay for the repairs yourself and if you win the dispute you will be out of pocket for the delivery costs both ways this is a no win situation for you I am afraid.

kiddy_guy

Just to clarify - if this was 55kg - was this couriered or sent palletised? Which courier network will take 55kg?

sonypc100

kiddy_guy wrote: »

Just to clarify - if this was 55kg - was this couriered or sent palletised? Which courier network will take 55kg?

It was couriered as the seller (as they admitted) gave me the wrong weight on purpose as they didnt have a pallet to put it on.