Item damaged in transit

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I recently purchased a digital SLR camera from a private seller on eBay. It was sold as 'for parts or not working' although the item description made it clear that the camera did in fact fully work - but that it had simply been very well used (in other words, it had had a hard life).

On arrival it was clear that the camera had been poorly packaged. The 3 pin mains plug for the charger had gouged the camera. Worse though, one corner of the camera was smashed, exposing damage to a small circuit board inside. Needless to say, the camera doesn't work.

The seller has refused to allow me to return the camera, or to issue a refund, or to try and claim via ParcelForce - stating that because the camera was advertised as 'for parts or not working' - I shouldn't have expected a perfect camera. My complaint is that his poor packaging allowed damage to occur in transit.

On raising a complaint with eBay, they have sided with the seller and closed the case.

Any thoughts about what I can do? Bidding for the camera reached £92 + £7 postage. This is a fair price for a camera described as working. Broken, such a camera might have a parts value closer to £20. As it stands, I've lost nearly £100 and ended up with a smashed non-functioning camera.
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  • soolin
    soolin Posts: 72,306 Ambassador
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    SouthUKMan wrote: »
    I recently purchased a digital SLR camera from a private seller on eBay. It was sold as 'for parts or not working' although the item description made it clear that the camera did in fact fully work - but that it had simply been very well used (in other words, it had had a hard life).

    On arrival it was clear that the camera had been poorly packaged. The 3 pin mains plug for the charger had gouged the camera. Worse though, one corner of the camera was smashed, exposing damage to a small circuit board inside. Needless to say, the camera doesn't work.

    The seller has refused to allow me to return the camera, or to issue a refund, or to try and claim via ParcelForce - stating that because the camera was advertised as 'for parts or not working' - I shouldn't have expected a perfect camera. My complaint is that his poor packaging allowed damage to occur in transit.

    On raising a complaint with eBay, they have sided with the seller and closed the case.

    Any thoughts about what I can do? Bidding for the camera reached £92 + £7 postage. This is a fair price for a camera described as working. Broken, such a camera might have a parts value closer to £20. As it stands, I've lost nearly £100 and ended up with a smashed non-functioning camera.

    It sounds like the seller correctly described the item as not working, and the wording 'parts or spares' is a recognised term for a damaged or completely rubbish item and warns buyers it is a buyer beware purchase.

    You mention that the buyer implied it was working, was this actually stated as 'working' or were you just trying to read between the lines and hope you'd got yourself a bargain.

    As you've lost an eBay case I think you are stuck with your 'spares or parts' camera, it is rare for eBay to side with a seller but the description 'spares/ repairs' really doesn't give a buyer any argument if item doesn't work. You could try a PayPal claim but it is likely PayPal will react the same, as seller really couldn't have been clearer.

    Just use this as a learning point, if you buy something that is sold only for spares then don't expect it to work.
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  • SouthUKMan
    SouthUKMan Posts: 383 Forumite
    edited 14 October 2017 at 10:41PM
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    soolin wrote: »
    You mention that the buyer implied it was working, was this actually stated as 'working' or were you just trying to read between the lines and hope you'd got yourself a bargain.

    Thanks for your reply. The buyer didn't just imply it was working. In the main description he stated the camera was "fully working but as it had been very well used I feel it fair to sell it as 'for parts or not working". So I think it is quite clear! But my point is that it was his very poor packaging that allowed the camera to suffer damage in transit - the body is physically smashed. The photos in the item listing show the bodywork is not smashed or damaged.

    As you've lost an eBay case I think you are stuck with your 'spares or parts' camera, it is rare for eBay to side with a seller but the description 'spares/ repairs' really doesn't give a buyer any argument if item doesn't work. You could try a PayPal claim but it is likely PayPal will react the same, as seller really couldn't have been clearer.

    I understand the logic of what you say, but it seems that the seller has got away with this through a technically of describing the condition in the heading as 'for parts or not working' and then in the main body description saying the camera does work, etc - which of course pushes up the bidding.
    .

    This case isn't about greed or trying to grab a bargain. It's about trying to get compensation for damage which occurred in transit as a result of the seller's poor packaging. It just seems grossly unfair that the seller can hide behind the term for parts or not working'.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    If the damage is over and above what was shown/described on the listing you could try a Paypal claim.

    But, be brief and clear.

    Cite damage that was not shown/described in the listing that you mention in your post above.

    Don't be swayed to the 'parts or not working' issue, just keep to the facts that there is damage that was not mentioned.

    You having nothing to lose by opening a Paypal claim and it could go either way.
  • pinkshoes
    pinkshoes Posts: 20,120 Forumite
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    edited 15 October 2017 at 8:53AM
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    If it was listed as 'for parts' then the parts need to be as described.

    E.g if you buy a water damaged electrical item because you need the casing, then the casing needs to be as pictured/listed.

    You can no longer use the parts as they have been broken in transit, so it is not as described.

    PHONE eBay and point this out. I would certainly be leaving the seller a neg at the end of this!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    If the photos don't show this new damage then the item you received isn't what you bought due to the poor packaging.
  • SouthUKMan
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    Thank you all for your responses - everyone thanked individually. I have already explained to the seller and to eBay that what I received was not as described due to the damage in transit. But despite the before and after photos clearly showing a non-damaged and then a damaged item - I have still lost. I don't understand the criteria eBay use when making judgement, but the seller is certainly hiding behind the 'for parts or not working' description and choosing to ignore the damage that occurred after the auction ended.
  • pinkshoes
    pinkshoes Posts: 20,120 Forumite
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    SouthUKMan wrote: »
    Thank you all for your responses - everyone thanked individually. I have already explained to the seller and to eBay that what I received was not as described due to the damage in transit. But despite the before and after photos clearly showing a non-damaged and then a damaged item - I have still lost. I don't understand the criteria eBay use when making judgement, but the seller is certainly hiding behind the 'for parts or not working' description and choosing to ignore the damage that occurred after the auction ended.

    Did you PHONE eBay? If not, do it, and keep pestering until you get somewhere.

    Make it clear you bought it for parts, but those parts are now broken as seller did not package it properly, so it is not as described and does not match the images.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • SouthUKMan
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    pinkshoes wrote: »
    Did you PHONE eBay? If not, do it, and keep pestering until you get somewhere.

    Make it clear you bought it for parts, but those parts are now broken as seller did not package it properly, so it is not as described and does not match the images.


    Thank you Pink Shoes. It sounds silly, but I never considered phoning eBay! I have found a number through a Google search...will try tomorrow :)
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    SouthUKMan wrote: »
    Thank you Pink Shoes. It sounds silly, but I never considered phoning eBay! I have found a number through a Google search...will try tomorrow :)

    Don't take a number from google. Go through your account - select technical issues - and get a phone number with an PIN (that's important as it will route you through your account).
  • SouthUKMan
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    Don't take a number from google. Go through your account - select technical issues - and get a phone number with an PIN (that's important as it will route you through your account).

    I didn't realise you could do this - great advice. Than you.
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