Oven damaged in transit

soolin

Okell said:

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

*Kat* said:

km1500 said:

She is entitled to a full refund

How did she pay

Credit card - she tried a chargeback but they disputed it, so the credit card company refunded the oven company?? 

Sorry, but no idea what you mean.  Are you asking us if the credit card company refunded the seller?  

I read the last bit quite clearly , also OP has clarified. OP did a chargeback but this was disputed by oven company, so oven company received the funds back from the credit card. 

Alderbank

Okell said:

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

I agree it's not at all clear.

My best guess is that

• This is a reconditioned appliance so it doesn't have the polystyrene and cardboard packaging typical of a new appliance.
• The seller offered shipping by their own carrier at say £50 but the OP's sister shopped around found a cheaper deal with UPS.
• The seller's usual carrier was accustomed to safely transporting white goods just shrinkwrapped to give cosmetic protection against dust, spills, etc. and as part of the contract would routinely protect them in transit with blankets and strapping to the vehicle sidings. 
• UPS state in their T&Cs that adequate packaging is the customer's responsibility and assumed the item was adequately packed.

Just my guess. I might be wrong.

Okell

soolin said:

Okell said:

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

*Kat* said:

km1500 said:

She is entitled to a full refund

How did she pay

Credit card - she tried a chargeback but they disputed it, so the credit card company refunded the oven company?? 

Sorry, but no idea what you mean.  Are you asking us if the credit card company refunded the seller?  

I read the last bit quite clearly , also OP has clarified. OP did a chargeback but this was disputed by oven company, so oven company received the funds back from the credit card. 

Has the OP clarified it? 

(I think it was actually km1500 who suggested what the OP really meant.  I didn't understand what was meant as I was initially puzzled by the use of the word "refunded" and by the repeated question marks which made it look like the OP was asking a question rather than making a statement)

*Kat*

Okell said:

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

*Kat* said:

km1500 said:

She is entitled to a full refund

How did she pay

Credit card - she tried a chargeback but they disputed it, so the credit card company refunded the oven company?? 

Sorry, but no idea what you mean.  Are you asking us if the credit card company refunded the seller?  

The shop doesn't offer shipping options. Buyers have to arrange shipping themselves. 

And no, sorry, I was just adding ?? because I'm confused as to why the CC refunded the oven shop. 

*Kat*

Alderbank said:

Okell said:

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

I agree it's not at all clear.

My best guess is that

• This is a reconditioned appliance so it doesn't have the polystyrene and cardboard packaging typical of a new appliance.
• The seller offered shipping by their own carrier at say £50 but the OP's sister shopped around found a cheaper deal with UPS.
• The seller's usual carrier was accustomed to safely transporting white goods just shrinkwrapped to give cosmetic protection against dust, spills, etc. and as part of the contract would routinely protect them in transit with blankets and strapping to the vehicle sidings. 
• UPS state in their T&Cs that adequate packaging is the customer's responsibility and assumed the item was adequately packed.

Just my guess. I might be wrong.

• It is a reconditioned oven
• The seller didn't offer their own shipping, buyers have to arrange their own
• NA
• And this is the problem - UPS state packaging inadequate, seller claims it is. 

It has been swirling around with both organisations for 2mths and still no resolution. 

Just to add some clarifications. My sister paid £90 for shipping incl. insurance so was quite expensive for that also  

the_lunatic_is_in_my_head

*Kat* said:

They sent it wrapped in film, rather than in a box. I think that's the problem.

Oh dear. Was it shipped on a pallet? 

RefluentBeans

*Kat* said:

Okell said:

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

*Kat* said:

km1500 said:

She is entitled to a full refund

How did she pay

Credit card - she tried a chargeback but they disputed it, so the credit card company refunded the oven company?? 

Sorry, but no idea what you mean.  Are you asking us if the credit card company refunded the seller?  

The shop doesn't offer shipping options. Buyers have to arrange shipping themselves. 

And no, sorry, I was just adding ?? because I'm confused as to why the CC refunded the oven shop. 

Chargebacks aren’t legally enshrined - they’re offered by Visa/Mastercard. You submit it, and then normally get the money back. At this point, the seller can challenge the dispute. In this case the sellers arguments are going to be that they provided the service, and risk transferred to the buyer when the buyers courier picked it up. The card company’s thought this was compelling, and reversed the chargeback.

It doesn’t change anything in terms of who’s right or wrong. In reality the status quo is maintained on a challenged chargeback. And Visa/Mastercard don’t issue judgements on who’s right or wrong. It’s the reason that chargebacks aren’t guaranteed. Plus, even if it did work, the seller could still pursue for the missing payment as the contract doesn’t become invalidated. 

*Kat*

the_lunatic_is_in_my_head said:

*Kat* said:

They sent it wrapped in film, rather than in a box. I think that's the problem.

Oh dear. Was it shipped on a pallet? 

Yeah - we never actually saw the damage, the oven shop refused to send the pictures to her so not entirely sure to the extend of the broken glass. 

sheramber

Did your sister receive the oven or did UPS return it to the shop without delivering it?

How much was the oven?

*Kat*

sheramber said:

Did your sister receive the oven or did UPS return it to the shop without delivering it?

How much was the oven?

Thanks - the shop asked for the oven to be returned to them so they could assess the damage themselves - UPS sent it back to them directly from the UPS unit. My sister hasn't even seen the oven or the damage. 

Cost was £500. It's a really unfortunate situation for everyone involved, I don't understand why the oven shop won't just refund her, fix the oven and resell it.