Returned a parcel, retailer saying it wasn’t in the box when it arrived.

Exodi

km1500 said:

yes agreed, small claims procedure and let the judge decide

Ideally if the OP has physical evidence the graphic card wasn't working, or of the weight of the parcel, or anything.

At the moment it's he said/she said.

If the company did steal it, obviously you have to expect they won't provide video evidence of them unpacking it to the OP if it was available.

Given that Ebuyer is a large retailer, you've got to expect that from an outsider looking in, it's less likely that a massive retailer is committing fraud for the sake of a few hundred pound, instead of a random online buyer.

CardinalWolsey

Exodi said:

CardinalWolsey said:

As the courier was contracted by the company, then the liability for the goods passed back to them at the point the courier - acting as their agent - picked up the parcel. It is now up to the company to make a claim against the courier, or if they disbelieve the OP to contact the police. The OP should initiate a chargeback through their card provider before that option times out. 

km1500 said:

CardinalWolsey said:

As the courier was contracted by the company, then the liability for the goods passed back to them at the point the courier - acting as their agent - picked up the parcel. It is now up to the company to make a claim against the courier, or if they disbelieve the OP to contact the police. The OP should initiate a chargeback through their card provider before that option times out. 

this is exactly true which is why I asked the question

your responsibility ceased once you handed it to the courier

ask for the full refund or try small claims procedure

Sorry but I completely disagree with you both.

If it was the case that the courier lost the parcel or did not deliver it for some reason, you (well technically the other party since company since they hold the contract) could absolutely claim against the courier.

It is not the case that you can claim against the courier because the item received (or not) was unexpected. The courier does not package the parcel, nor should they open it. It's nothing to do with the courier, they've fulfilled their purpose.

Respectfully, the courier would laugh their claim out the door. The OP also mentions that "They (the company) are also saying the box arrived to them sealed".

So either we are alledging the company is acting fraudulently, or that the courier has stolen the item and meticulously repackaged the item for it to be unnoticeable.

I won't suggest the OP is lying, as it doesn't make sense lying on an anonymous forum.

If I was a betting man, I'd wager the company doesn't want to refund him.

You may disagree, but this is the position in law.

If the retailer wants to verify that goods are present at the point of collection, and not at their returns centre, then they need to employ a courier service that will perform that for them. If they choose not to do this, the risk is on them. 

Exodi

CardinalWolsey said:

Exodi said:

CardinalWolsey said:

As the courier was contracted by the company, then the liability for the goods passed back to them at the point the courier - acting as their agent - picked up the parcel. It is now up to the company to make a claim against the courier, or if they disbelieve the OP to contact the police. The OP should initiate a chargeback through their card provider before that option times out. 

km1500 said:

CardinalWolsey said:

As the courier was contracted by the company, then the liability for the goods passed back to them at the point the courier - acting as their agent - picked up the parcel. It is now up to the company to make a claim against the courier, or if they disbelieve the OP to contact the police. The OP should initiate a chargeback through their card provider before that option times out. 

this is exactly true which is why I asked the question

your responsibility ceased once you handed it to the courier

ask for the full refund or try small claims procedure

Sorry but I completely disagree with you both.

If it was the case that the courier lost the parcel or did not deliver it for some reason, you (well technically the other party since company since they hold the contract) could absolutely claim against the courier.

It is not the case that you can claim against the courier because the item received (or not) was unexpected. The courier does not package the parcel, nor should they open it. It's nothing to do with the courier, they've fulfilled their purpose.

Respectfully, the courier would laugh their claim out the door. The OP also mentions that "They (the company) are also saying the box arrived to them sealed".

So either we are alledging the company is acting fraudulently, or that the courier has stolen the item and meticulously repackaged the item for it to be unnoticeable.

I won't suggest the OP is lying, as it doesn't make sense lying on an anonymous forum.

If I was a betting man, I'd wager the company doesn't want to refund him.

You may disagree, but this is the position in law.

If the retailer wants to verify that goods are present at the point of collection, and not at their returns centre, then they need to employ a courier service that will perform that for them. If they choose not to do this, the risk is on them. 

It is not the position in law at all, don't make things up.

The goods were delivered. The courier fulfiled their contract.

Unless ebuyer intends to alledge the courier stole the goods (that were stated as being received in a sealed package) then the courier can not be held liable for the contents in the box.

I am speechless that you have even suggested this and doubled down. If I receive the wrong size trousers that I ordered online, I/the retailer wouldn't pursue the courier, it's absolutely nothing to do with them what's in (or isn't in) the box.

Insured losses are for missing and damaged parcels, not for the contents. You also have values agreed in these contracts.

You cant expect a courier to leave themselves wide open to large undefined liability if I was to claim I shipped the crown jewels and they went missing (despite the parcel being received).

Robbie965

After asking for pictures from ebuyer, instead they have sent me the empty box back, with extra tape to seal it again. I have however noticed 2 inch wide clear tape has been used to close the box again where I didn’t use tape (either side on the top and bottom of the box) and a large 4/5 inch tear in the corner of the box and also a big ball of brown packing paper and cardboard put in the box which I did not use. The 2 inch clear tape has also been placed over some of my pieces of tape. I only used standard 1inch or so sellotape, have taken pictures and sent them these pictures as requested. I have also had a message saying it has been rectified and I will get a refund however also an email saying that they need the pictures for an investigation. So now I’m not sure if I’m getting the refund or not. Will post a final update as and when I know the next step. 

bris

Ebuyer will not be to blame, like already mentioned they are a huge company, one which I have used many times without issue.

Ebuyer also get compensated for returns by the company they got them from, so they dont take a hit, and have no reason to steal a faulty card.

I would put the blame on the courier or the drop off point, having Ebuyer as the return address means something nice and expensive is in that box.