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Damaged mail order goods...URGENT!!

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I recently bought a Samsung TV from Ebuyer. The sound was not right as soon as I started using the TV, so I contacted Ebuyer and arranged to have it returned for a replacement. I'd disposed of the original packaging but they were happy for it to be returned in another box. I packaged it up and Yodel collected it. I had no contact for over a week from Ebuyer, then yesterday the TV was sent back and the screen is smashed beyond repair. It hadn't been removed from the packaging I had sent it in. I've called them today and they claim they are treating it as 'user damaged' and therefore the warranty is void! It must have been broken by the courier and now they are pointing the blame at me for not packaging it correctly. What can I do?? What are my rights??
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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 October 2013 at 10:40AM
    Even with a faulty item you have a duty of care to ensure the item is returned correctly and safely. It may well be that both the seller and the courier have a reasonable argument to state that the packaging was inadequate.

    How did you package it up?

    You may have no choice but to keep the TV and maybe claim off your home insurance.
  • tkg70
    tkg70 Posts: 6 Forumite
    I used a sturdy box which I then placed the TV in. The TV itself was wrapped in plastic and then paper and also a thick packaging blanket which I had recently received from the delivery of another item. The TV was well packaged, looking at the damage it must have been thrown on the floor by the courier to cause such damage.
  • tkg70
    tkg70 Posts: 6 Forumite
    Also, I just checked my house insurance but there is no accidental cover
  • wiogs
    wiogs Posts: 2,744 Forumite
    So it left you ok and came back damaged.

    I would be contacting Yodel and complaining.
  • Who arranged and paid for the collection - you or ebuyer?
    "There may be a legal obligation to obey, but there will be no moral obligation to obey. When it comes to history, it will be the people who broke the law for freedom that will be remembered and honoured." --Rt. Hon. Tony Benn
  • tkg70
    tkg70 Posts: 6 Forumite
    Ebuyer arranged for the collection and they paid for it too
  • zaax
    zaax Posts: 1,914 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    tkg70 wrote: »
    Ebuyer arranged for the collection and they paid for it too

    It sounds like Ebuyer customer service has gotten worse. Tell ebuyer how you packed it. If they still say no you will have to take them to moneyclaim online. Letter before action first though.
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • tkg70 wrote: »
    Ebuyer arranged for the collection and they paid for it too

    In that case, I'd argue that your responsibility for it ends after their appointed courier collected it. Personally, I'd fire a warning shot, in the form of a letter threatening legal action, and see what happens.
    "There may be a legal obligation to obey, but there will be no moral obligation to obey. When it comes to history, it will be the people who broke the law for freedom that will be remembered and honoured." --Rt. Hon. Tony Benn
  • bitemebankers
    bitemebankers Posts: 1,688 Forumite
    zaax wrote: »
    It sounds like Ebuyer customer service has gotten worse.

    I dunno, it sounds quite a lot like the woeful service I had when I last used them, about 8 years ago. I've not used them since.
    "There may be a legal obligation to obey, but there will be no moral obligation to obey. When it comes to history, it will be the people who broke the law for freedom that will be remembered and honoured." --Rt. Hon. Tony Benn
  • tkg70
    tkg70 Posts: 6 Forumite
    Couldn't agree more, terrible service. I'm waiting for a manager to call me back so I'll see what he/she has to say
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