eBay purchase arrived damaged. How exposed am I?

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  • bluep
    bluep Posts: 1,299 Forumite
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    Thanks guys. I'm comfortable on that point - over 1200 feedback both buying and selling (all positive) and can't remember ever having returned an item as damaged in the post before. Certainly not had a dispute with someone. The seller has now accepted the return but says if it was damaged in transit then it's on him, but if it was used and damaged by me then it's on me so he is going to test the item for water damage etc.. as it was delivered on a Monday and I started the return request in a Friday (I work away mon-thurs). I haven't used it beyond turning it on to discover it was damaged. Given the woefully inadequate packaging and no way have I taken it diving, I'm feeling that I should be ok on this one. To be honest, if I damaged something I'd just bought, I'd go "bugg@r" and chalk it up to experience or claim on my house accidental contents insurance. No way would I lie and try to return it - that would be completely out of order in my book. He's a bit hung up on "having to pay £600 to get a camera back and then £200 to get it repaired" and I feel like saying "well how would it feel to pay £600 for something on eBay and get a camera that doesn't work?!!" But I don't think it would be helpful to enter into that kind of discussion.
  • ballisticbrian
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    "having to pay £600 to get a camera back and then £200 to get it repaired"
    is a load of frollocks to be honest. He's not paying £600, merely returning your money, and if it was damaged in transit and insured he'll get that paid too.
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    bluep wrote: »
    Thanks guys. I'm comfortable on that point - over 1200 feedback both buying and selling (all positive) and can't remember ever having returned an item as damaged in the post before. Certainly not had a dispute with someone. The seller has now accepted the return but says if it was damaged in transit then it's on him, but if it was used and damaged by me then it's on me so he is going to test the item for water damage etc.. as it was delivered on a Monday and I started the return request in a Friday (I work away mon-thurs). I haven't used it beyond turning it on to discover it was damaged. Given the woefully inadequate packaging and no way have I taken it diving, I'm feeling that I should be ok on this one. To be honest, if I damaged something I'd just bought, I'd go "bugg@r" and chalk it up to experience or claim on my house accidental contents insurance. No way would I lie and try to return it - that would be completely out of order in my book. He's a bit hung up on "having to pay £600 to get a camera back and then £200 to get it repaired" and I feel like saying "well how would it feel to pay £600 for something on eBay and get a camera that doesn't work?!!" But I don't think it would be helpful to enter into that kind of discussion.

    As he's accepted the return you don't need to get into further discussion.

    Has he supplied a prepaid returns label?
  • bluep
    bluep Posts: 1,299 Forumite
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    No prepaid returns label yet. I said to make sure it was one that covered a medium sized box and adequate insurance as I'm not sending it back in a Jiffy. Although the address he's provided (via eBay message) is not the same as the one that came up on the purchase order...so I'm going to check with eBay again before I send anything off. if he is providing the label though, I guess he can't say it's the wrong address! I'm also going to video the camera fault - to show that it does turn on and no water damage and also photograph what goes into the box to send back.
  • bluep
    bluep Posts: 1,299 Forumite
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    edited 19 April 2017 at 10:30AM
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    is a load of frollocks to be honest. He's not paying £600, merely returning your money, and if it was damaged in transit and insured he'll get that paid too.

    I agree - that kind of got me too. Especially consider what rubbish packaging he sent it in. Plus a new camera body is £200 so a screen replacement is going to be less, or replacing the whole thing is less. Lens didn't look damaged but I haven't tested thoroughly.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    bluep wrote: »
    No prepaid returns label yet. I said to make sure it was one that covered a medium sized box and adequate insurance as I'm not sending it back in a Jiffy. Although the address he's provided (via eBay message) is not the same as the one that came up on the purchase order...so I'm going to check with eBay again before I send anything off. if he is providing the label though, I guess he can't say it's the wrong address! I'm also going to video the camera fault - to show that it does turn on and no water damage and also photograph what goes into the box to send back.

    You don't need to video anything.

    He has accepted the return. If you've opened a SNAD claim then he needs to provide a prepaid label. If he doesn't, you need to get onto eBay and either they will provide one or they will provide one at his cost.
  • bluep
    bluep Posts: 1,299 Forumite
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    Yep I suppose my concern is that he tries to say that there's more damage to the camera when I send it back or that not everything was int he box etc... so just wanted to be absolutely clear and have proof.

    He's implied that I've used it and caused the damage e.g. Taken it diving and there's been water ingress. I know it turns on fine and just has a smashed screen so evidence that not water damaged.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    bluep wrote: »
    Yep I suppose my concern is that he tries to say that there's more damage to the camera when I send it back or that not everything was int he box etc... so just wanted to be absolutely clear and have proof.

    He's implied that I've used it and caused the damage e.g. Taken it diving and there's been water ingress. I know it turns on fine and just has a smashed screen so evidence that not water damaged.

    You don't need any proof for an eBay return.

    The return is underway, wait for the label. If it doesn't materialise, come back here before you do anything.

    In the meantime, sit back and ignore him.
  • bluep
    bluep Posts: 1,299 Forumite
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    edited 19 April 2017 at 10:29AM
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    Going to just return it as per eBay's instructions
  • soolin
    soolin Posts: 72,259 Ambassador
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    bluep wrote: »
    Ok, so surprise surprise no returns label has materialised. I can now ask eBay to step in and help. Here's the issue - the address on the eBay order is in one town north of London but the address the seller has asked me to return to in their last message is clearly elsewhere south of London.

    Now I know I could just say it's their problem, eBay will give me a return label for the address on their account but it's an expensive lot of kit and I don't want the hassle of it going by courier to the wrong address - especially if no one is there to sign for it.

    eBay will supply the label based on the address that eBay gave them, if you use any other address your return will not be covered. If the label shows the address as different to the one eBay supply phone eBay, explain seller has a different address and ask them to confirm that you are covered immediately you can prove postage to the address on the label.

    Even do it via live chat for a 2 nd time so you get a transcript of the conversation. You do not have to prove delivery to the seller to get your refund, all you need to do is prove an attempt has been made at delivery- so to make yourself happy do an address look up, make sure the label address actually exists (this is an easy thing to do) even check what sort of premises it is. As long as the address exists and RM or the courier can annex of to deliver the problem then becomes the sellers problem.

    Lastly, as I can tell you are panicking, keep all screen conversation, keep a screen grab of label and eBay instructions telling you to return, even keep a screen grab of selling page showing sellers address. Then you have recourse via small claims, but it shouldn't come to that.

    EDUT: there is also a very good chance that eBay will refund you immediately on escalation and tell you to keep the item, especially if you report the address issues. In that case take the refund, notify your seller that they have 30 days to arrange collection of their item after which you will arrange disposal. They can then either send a tracked label or make other arrangements to collect at your convenience.
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