eBay purchase arrived damaged. How exposed am I?

bluep

Bought a high value camera from eBay, paid via Paypal (underlying from credit card). Asked the seller to package really well! He has one other recent feedback about packaging poorly.

I came back from a work trip and it had arrived in a jiffy bag (a couple of days before) that had split open where the brown tape had come away from the jiffy bag (as it was so full it was fit to burst) and then been pushed shut back together again. My mother signed for it as it looked closed. When I opened it, it came open very easily and the camera, lens and charger were loose in the jiffy bag with some loose bubble wrap stuffed back in. I turned the camera on and low and behold, the screen had been smashed. Seller says it was fine when he dispatched. In all honesty it looks like it has come open in transit due to poor packaging and the camera fallen out of the bubble wrap and a courier gone "oops" and just stuffed it all back in and pressed the brown tape closed again.

Have opened an eBay return and sent numerous pictures of the jiffy bag and contents and damage. Seller has essentially said "so let me get this straight, you want me to receive back a camera that no longer works and pay you to return it to me" and that he'll come back to me within a week. I've outlined eBay's process and explained the issue that it was damaged upon receipt and that's his responsibility as the seller to package adequately and send by an appropriate delivery service. I also said that if it's been damaged in transit then he is the only one that can take that up with the courier. I've said he either sends me a prepaid label or after a certain date, eBay will. I spoke to eBay and they said my case looks strong given the photos and how it was sent but that I have to wait another week until they will step in, provide a label for me to return and then make a decision about a refund.

If in the meantime he empties his paypal account, where do I stand with eBay - will they refund me under buyer protection anyway as I've done everything by the book and then pursue him for the funds? It was over £500.

The camera itself is broken, but the other bits seem undamaged (worth £300) so I did say to the buyer that we can work out a part refund and part return - it's up to him. I'm trying my best to be reasonable but worried that I will end up out of pocket - how exposed am I given eBay's, Paypal's and credit card protection? Anyone been in a similar situation?

ontheup1972

You've got no worries with this case, ebay will protect you.

If the seller has packaged correctly then he'll have to claim compensation from the courier after he has refunded you.

If he hasn't packaged correctly, then it needs to be a lesson learned for him.

IMO simply sticking a camera in a jiffy bag is unacceptable - a minimum should be a box containing the camera with some loose fill.

If he empties his paypal account, ebay will refund you anyway upon tracked return of the item and chase him for the money.

bluep

Phew. That makes me feel SO much better. Thank you. I was gobsmacked - a camera,lens (with no original boxes) in a jiffy bag with a little bit of bubble wrap around it loosely (not even taped round the items) and stuff like a charger with a plug floating around freely in there too. I would have wrapped and taped in bubble wrap and then c) in a box and THEN I would have made sure it was couriered with adequate insurance. Plus the jiffy bag was taped round the top with cheap brown tape that loses its stickyness (not even taped perpendicular to keep it shut) AND the jiffy bag was nearly full to burst.

ontheup1972

Just to add, my comment on buyer protection was based on returning everything for a full refund.

I sell quite a bit myself and get occasional returns but I've never offered or have been asked to offer a partial refund, so I'm not totally sure how that would work.

theonlywayisup

Have you opened a return or a case for SNAD?

mrcol1000

I think sometimes it is better to keep to the point. Explain it arrived damaged and ask to return for a full refund. Leave it at that. It is not really upto you to explain how eBay works to them.

If they do not accept the return, then escalate it when you can. If you get the refund without returning, it is up to the seller to arrange to collect the item ( at their cost). I really would keep communication to the point though. If eBay end up forcing them to refund then they aren't going to be happy at you.

Diddle_Boy

With a bit of luck being a large amount PayPal won't have released his money, and then he might think again about how he packs things.

bluep

Thanks. I was originally ok with a partial refund as I wanted to be reasonable but the more I hear from the seller the more I just want to send everything back and get my cash back. Shame as it's not an easy set to find but they do come up once every 3-4 months.

I've opened a refund request as advised by eBay and have to wait another week before they will step in. Got good photos of the parcel and contents though and I said to eBay that I would only return in a box and insured for the appropriate amount as I don't want to be responsible for any damage or loss on return. They said this was wise and to take photos as I packed it all up.

bris

You wont have any problems as long as it's a one off, if on the other hand you have a history of claims then they will look at you in different way.

theonlywayisup

bris wrote: »

You wont have any problems as long as it's a one off, if on the other hand you have a history of claims then they will look at you in different way.

Who will look at you in a different way?

soolin

bris wrote: »

You wont have any problems as long as it's a one off, if on the other hand you have a history of claims then they will look at you in different way.

It doesn't work like that. If ebay (and I assume it is them you refer to) believe a buyer is misusing the ebay guarantee system then buyer is warned before their buyers protection rights are withdrawn. Ebay do not, and cannot withdraw rights from a buyer without prior warning.

Also, as sellers on ebay will tell you, you can have a buyer with dozens of claims already still be treated exactly the same as any other buyer. There is no mechanism at all on ebay to sit and review claims, the system is basically automated if buyer wants to return and item using the SNAD route then unless they state something obviously wrong ebay automatically accept the claim.