Can I have some Ebay help please

Mumof4piggies

Thanks in advance for any help. I sold 2 metal tins of some garden paint on Ebay which were left over from my project. These were sent out in a strong cardboard box that was lined with thick made to measure wood pieces. Upon arrival the box seamed fine but when the buyer opened the box the paint has been damaged during transit and spilt out over her carpet. The buyer has tried to remove the paint using a carpet washer to no avail and im told the carpet is ruined. I know im not covered for my loss via the courier as its paint and ive fully refunded the buyer. That's a chance I took with posting the paint. Ive opened a claim with the courier but I know I wont be refunded but the buyer wants to claim for her carpet damage as its ruined. Can anyone please tell me where I stand in this situation? The parcel must have been bashed about significantly by the courier.

lincroft1710

The buyer must accept some of the blame, as she opened a parcel, known to contain paint where there was a carpet

pbartlett

you have no.liability for the carpet

pinkshoes

You have ZERO liability for their carpet.

It is PAINT. Who on earth opens a paint parcel on a carpet?!?!? Entirely their own fault. At the very least you put news paper down. 

I would suggest you send a polite message apologising that the paint had split open in the box, but they will need to claim any damage to their carpet on their home insurance as you would not expect anyone to open a parcel containing pre opened paint on a carpet!

the_lunatic_is_in_my_head

Have you seen any photos from the buyer of the paint tins, how they arrived in the box and their carpet? 

Mumof4piggies

I have seen pictures yes and have now opened a claim with the courier. I know they wont pay out for the damage as paint isn't covered and i've already fully refunded the buyer so i'm £90 down myself. The carpet does show two blobs of paint and they have tried using a Vax type machine to remove the stain. Communication is currently friendly.

Alfrescodave

Why have you refunded the buyer - there was nothing wrong with the paint. By doing so, you've possibly acknowledged that you / your paint was responsible for the carpet problem 

Aylesbury_Duck

Alfrescodave said:

Why have you refunded the buyer - there was nothing wrong with the paint. By doing so, you've possibly acknowledged that you / your paint was responsible for the carpet problem 

If the tins arrived damaged/split/leaking, then OP has done the right thing refunding the buyer.  The goods are faulty.  They can't be repaired, probably can't be replaced, so a refund is the only reasonable remedy.  Normally, after refunding the buyer, the seller would then pursue the courier for their losses, if the damage was caused in transit through negligence, but as OP says, she took a risk sending an item the courier wouldn't cover.

I don't see how OP is responsible for the carpet problem, though.  It's therefore up to her to decide what to do.  Personally, I'd be firm and deny responsibility for the carpet damage.  The buyer can try small claims action if they wish, but they'd have to explain why they thought it a good idea to open a box of paint in their living room.  

Fosterdog

Why would you claim against the courier if the box had no damage? This is clearly a case of inadequate packaging so not the couriers fault at all. Here is a guide to packaging paint, your few pieces of wood and a cardboard box don't even come close. https://www.macfarlanepackaging.com/blog/how-to-pack-tins-of-paint/

While I fully agree that the buyer shouldn't have opened paint over a carpet, I can't believe you didn't even put the tins in a plastic bag of some sort in case they leaked, if you had then the carpets wouldn't have been damaged. All couriers have guides on sending liquids and they all say to use a bag of some sort in case of spillages.

theonlywayisup

Mumof4piggies said:

the paint has been damaged during transit 

How had the paint been damaged?  

mikb

theonlywayisup said:

Mumof4piggies said:

the paint has been damaged during transit 

How had the paint been damaged?  

... by no longer being inside a sealed tin?

Yes, technically the *tins* were damaged, but the paint wouldn't be useable any more ...

I know this is MSE, but I suspect most people would not scrape the paint back up, pick the carpet fluff out, put it in a new container, and go "Whew! Saved that one!"