Ebuyer issue item damaged (return)

Enrfaz

Hi,
I'm hoping one of you might be able to advise me.
I purchased a TV in March 2019 from Ebuyer, and at Christmas it developed a fault. I rang Ebuyer who then referred me to HiSense (the tv manufacturer). HiSense then arranged for an engineer to come and try and repair the TV.
The engineer wasn't able to repair it (failed LED's) so HiSense emailed me an uplift number with which I then contacted Ebuyer with to get the TV uplifted. They arranged a day to have a courier collect the TV (21/1/20), and it was confirmed by email that they had received the TV on 23/1/20.

I then heard nothing until yesterday-twelve days later (04/02/20), when they sent me an email saying the screen had physical damage, so it was being sent back to me as is. I questioned this, and they said it was because the TV was sent back inadequately packaged.

I had wrapped the TV in bubble wrap, put extra cardboard around the corners and double wrapped it in very thick cardboard as well as labeling it with 'This way up' labels. It was all secured with lots of parcel tape. I didn't have the original packaging unfortunately.

Do I have any rights at all? The courier accepted the parcel no problem when collecting, and I find it hard to accept it took almost two weeks to identify the TV was damaged. (The screen would have needed replacing anyway according to the engineer that visited). I just feel that they must have really mishandled the parcel for it to get damaged (it was a 55" TV-so quite heavy, and I think if anything, it's likely a driver has dropped it carrying it on his own)

Any advice much appreciated.

[Deleted User]

Sounds like the courier is responsible. When it comes back to you reject the delivery. Tell them you won't accept or sign for it.

Who arranged the courier, HiSense or eBuyer? Whoever it was will have to claim from the courier for the damage.

DoaM

Not an unusual occurrence with Ebuyer unfortunately. Their pricing is often good but their after-sales is (anecdotally) questionable. That said ....

Is there any chance that contact with the outer packaging could have transmitted the force through to the screen? How did you isolate the screen from the outer packaging? (TVs are generally shipped with polystyrene inserts which mean there is an air gap between the screen and the outer box - did your packaging method retails an air gap)?

Plus - the Q above in post #2 is important - who arranged for (and paid for) the courier?

Enrfaz

Hi,
The courier was payed for by Ebuyer. Unfortunately the packaging didn't have polystyrene inserts as I had recently disposed of the original box.
I suppose if it was hit with a lot of force something could have damaged the screen-it would have had to have been a lot of force though as the card was very thick and wrapped around twice.

If I refuse to accept the delivery of the TV what would happen next?

I have spoken to CAB since posting my original message and they have advised I write to Klarna, as I had the TV on finance, so they are liable not ebuyer. Does this sound right?

DoaM

You can raise a Section 75 claim with Klarna ... S75 means the credit provider is jointly and severally liable with the seller for the performance of the contract. This means you can pursue a claim against, Ebuyer, Klarna, or both. That still doesn't change your responsibilities and liabilities ... if it is proven that your packaging method contributed to the damaged screen then S75 won't help you.

I presume that your "get out" is that the courier didn't reject the pick up, or comment about the packaging (did they)?

Enrfaz

The courier didn't make any remark at all, I told him it was heavy and asked if he wanted help loading it on his van, but he was perfectly fine with it. I wish I'd taken pictures now, but never expected this to happen.

I do think it was well packaged up-not as good as the original packaging, but it should have been sufficient. I just have no idea how I can prove it.

I also really don't understand why it took almost two weeks from receiving it for them to tell me it had a damaged screen. Surely if they thought it wasn't packaged well enough they would have checked it on arrival and not twelve days later.

Many thanks for taking the time to respond. Really appreciated.