Damaged Item Received

MrsM71

I ordered a mug from a private seller which arrived on Saturday with the handle smashed to pieces.

I contact the seller on Saturday morning providing pictures of the damage.

I chased them for a response yesterday & received the following reply late last night:

"What a shame your mug was damaged in transit!

It's a tricky one, as it was not damaged by me, but Royal Mail.

If you are happy to pay the postage again, I'll send you out another mug as a goodwill gesture."

My understanding is that the seller is responsible for safe delivery of an item as per here http://pages.ebay.co.uk/help/pay/packing-tips.html

I would really like a replacement but do not feel it is fair to pay additional postage costs.

What are my rights in this situation? How do you think I should respond?

Thank you

theonlywayisup

MrsM71 wrote: »

I ordered a mug from a private seller which arrived on Saturday with the handle smashed to pieces.

I contact the seller on Saturday morning providing pictures of the damage.

I chased them for a response yesterday & received the following reply late last night:

"What a shame your mug was damaged in transit!

It's a tricky one, as it was not damaged by me, but Royal Mail.

If you are happy to pay the postage again, I'll send you out another mug as a goodwill gesture."

My understanding is that the seller is responsible for safe delivery of an item - am I correct? Is there anywhere on e-bay that actually states this?

I would really like a replacement but do not feel it is fair to pay additional postage costs.

What are my rights in this situation? How do you think I should respsond?

Thank you

In theory you are required to send the item back for a refund.

Personally I would open a SNAD (significantly not as described) case on Ebay.

Be factual and if you can add photo's to the case. Keep it short and to the point as it may be read by a Manilla ebay agent.

On the last line, explain you cannot return as the item is smashed and smashed pieces are prohibited in the post.

campdave

He needs to either refund or replace and claim from Royal Mail for his damages.

freddysmith

The sellers attitude in the email, says it all for me.
Doesn't sound like a person who can/will take responsibility.
You are in the right but there is no guranteed way of having your return postage costs refunded by the seller or Ebay.
You may have to weigh up between repaying postage to receive another possibly damaged item or theonlywayisup method.
I would be tempted to Neg them and let others know about this seller if you are not satisfied.

Crabman

If you paid by card you can report the issue to your bank/card provider and ask for a chargeback - the rules differ between VISA and Mastercard but they are generally more favourable to the consumer than ebay's policies.

As post #2 says, you can't return as sharp items are prohibited via Royal Mail so this should prevent you having to pay return carriage costs. The seller won't be out of pocket provided they claim for the damage from Royal Mail.

pulliptears

Crabman wrote: »

If you paid by card you can report the issue to your bank/card provider and ask for a chargeback - the rules differ between VISA and Mastercard but they are generally more favourable to the consumer than ebay's policies.

As post #2 says, you can't return as sharp items are prohibited via Royal Mail so this should prevent you having to pay return carriage costs. The seller won't be out of pocket provided they claim for the damage from Royal Mail.

Chargeback is waaay OTT for a simple smashed mug. All your rights are with paypal and you will win a chargeback. I'd give seller a final chance:

"Dear Seller, thank you for your response. It is your responsibility to ensure my items reach me in perfect condition and as the seller your contract is with Royal Mail.
In this instance I require a full refund please, including my original P+P. You can then claim your losses with RM using your proof of postage.
Should my refund not be forthcoming I shall have no choice but to initiate a paypal claim."

nomoneytoday

IMHO the seller simply claims from Royal Mail - using your proof.
In the meantime, they send you another mug keeping you happy too

RainbowDrops

Before raising a case, respond to the seller saying that although the mug broke in transit, it is the seller's responsibility to make sure the item is suitably protected with wrapping, and it is the seller who has the contract with Royal Mail, so it is their (the seller) responsibility to resolve the problem.

theonlywayisup

You are all too kind.

I would whack in a case with a response such as that one above from the seller.

MrsM71

Many thanks for all your advice.

I have just e-mailed the seller pointing out her responsibility & asking for a replacement at no charge or a full refund.

The advice regarding Royal Mail's policy on sending sharp items & her right to claim a refund from them was really helpful.

I will let you know how I get on.

MrsM71

Goodness - that was quick.

I've just heard from the seller that she will issue a refund.

She states that Royal Mail refund policy does not cover china etc but thanked me for advising that I was happy for her to use my photos to assist in a claim.

Thanks again everyone :A