Item arrived damaged - what to do?

Barcode

So, last week I bought a zoozone cage for our pygmy hedgehog, and when it arrived, it had a rather large crack in the lid. I contacted the seller and suggested:

1. Partial refund - half the item is damaged, refund half the cost.
2. Replace.
3. Refund.

Seller is claiming that as I signed unchecked, it is entirely my responsibility and is being uncooperative. Now, the item took ten minutes or so to unwrap, and the delivery driver vanished - I suspect their policy is designed for these sorts of instances. Even so, I thought there was a grace period to report damages. And further, the rules are simple - if damaged, go with options (1)-(3).

Seller is threatening that "Ebay will sort out the rights and wrongs." I have never had a problem on ebay before, and I do appreciate that sometimes items will arrive damaged. I'm just dismayed at the attitude that it must be the buyers fault.

I have opened a dispute. I assume I wait 10 days before ebay allows me to escalate? Do I open one on Paypal too? I know I will have to post it back with a tracking number, have also taken photos.

annie-c

If you paid by papypal then you should raise a dispute with paypal. You should be able to escalalte to a dispute straightaway and then they will ask you to send it back and enter your tracking number.

Barcode

Ah, I was in the Ebay resolution centre - I attempted to do the same on Paypal, but it says that I have already opened a case on Ebay. So, am I missing something? These links are not always easy to find!

mobile48

You cannot open a dispute on both ebay and paypal. However what you have done is fine.

Was the seller a business seller and was this item BIN (Buy it Now)? Is so you have a even more rights on top of the Ebay Buyer Protection Rights.

cyberbob

You can only open a paypal or an ebay dispute not both. The ebay one will do the same its just paypal ones are normally quicker and less of a fuss so it's better to open them there.

Just escalate the ebay claim for resolution.

Barcode

It was a business seller and buy it now. I know I must be asking novice questions, but this is the first time in years I've ever had a problem, and hate to be a problem buyer, but am appalled at the sellers attitude, and the hiding behind the signed unchecked thing.

mobile48

As it was a business seller and BIN you are cover by the Distance Selling Regulations.

This means you have right to return and in the case of faulty goods they have to pay for their return whatever the circumstances . Although as already stated by others in the thread Ebay may not enforce the last part.

Rights are in addition to those in for example Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982.

You can check this here:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

More information on ebay and elsewhere.

It will do no harm adding these facts to the dispute.

Personally I can see no harm waiting a bit before escalating the ebay claim. This allows the seller to refund now to avoid escalation - once you escalate you lose the possibility of this outcome at this stage.

Barcode

Does this sound like the seller trying it on, or am I imagining things?

"hi i have just spoken to ebay, and i still hope this can be resolved prior
to a claim as you have ignored the item description for recieving these
goods, i feel ebay would agree we havent done anything wrong, we have tried
to help, even though you didnt follow protocol. i am still willing to offer
£13.99 as a refund rather than none."

soolin

Barcode wrote: »

Does this sound like the seller trying it on, or am I imagining things?

"hi i have just spoken to ebay, and i still hope this can be resolved prior
to a claim as you have ignored the item description for recieving these
goods, i feel ebay would agree we havent done anything wrong, we have tried
to help, even though you didnt follow protocol. i am still willing to offer
£13.99 as a refund rather than none."

The seller is trying it on.

I've never done an ebay claim so I don't know how they work, just make sure though that if you need to reply that you do so. Be clear and concise, ' my item arrived damaged and I wish to return it for a full refund'.

mobile48

Barcode wrote: »

Does this sound like the seller trying it on, or am I imagining things?

"hi i have just spoken to ebay, and i still hope this can be resolved prior
to a claim as you have ignored the item description for recieving these
goods, i feel ebay would agree we havent done anything wrong, we have tried
to help, even though you didnt follow protocol. i am still willing to offer
£13.99 as a refund rather than none."

Think about adding any response from the seller like this to the dispute.

If they do not want the case escalated it may mean a better outcome for you.

Not normally relevant but if you ever feel a business is trying it on look into the Consumer Protection from Unfair Trading Regulations 2008. to see if what they doing is allowed.

See here for some more information: http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1074014173

Barcode

The Zoozone cost 43.99 plus postage, and I thought it was reasonable to ask for half the cost. I have now said to call it £20, and I'll close the dispute - the cage is not unusable, and we can cover the crack with duct tape, but I still feel that the seller should have a slightly better attitude. After all, it is a business seller selling in high volume and whilst some buyers may try it on, my feedback should at least indicate I am honest.