Seller sent item in brown paper, delivered damaged who's fault?

hippyadam

Howdo all

I've recently bought an item from a seller as a gift for my stepson. He described the box and item as excellent. However when he posted the item he just wrapped it in brown paper and surprise surprise it arrived today with the box bashed up, a few tears etc.

Now im not happy, as when i sell boxed items, i put them in another box, usually bubble wrapped etc The seller is claiming its not his responsibility that royal mail have damaged the goods, my argument is if he had wrapped it properly no damage would have occurred.

Im after a 15% refund (£3.15 on a £21 transaction) which i think is fair as the item does work, im just miffed the box is damaged... Am i being unreasonable or do other posters agree with me?

robpw2

yes , thats fair

frivolous_fay

Depends what it is.

Sure, it's the seller's fault the box is damaged... but is the box important? Is it going to be chucked in the bin, or would it have been kept? Is the item inside intact?

hippyadam

frivolous_fay wrote: »

Depends what it is.

Sure, it's the seller's fault the box is damaged... but is the box important? Is it going to be chucked in the bin, or would it have been kept? Is the item inside intact?

Its a donkey Kong bongo game for the gamecube. Im irked as im gonna wrap it etc for the boy and give it to him. Box would have been kept for the obligatory resell on ebay when he has outgrown/got bored of it.

TBH it was more his attitude once the item had been delivered and he had my money, along the lines of "take it up with royal mail" even tho it was only sent 1st class not recorded or anything...

ormus

its the sellers responsibility to pack the item correctly and its the sellers contract with the RM, not the buyers.

that aside, im not sure you have too much of a complaint if the item itself is ok. unless you made it clear that a good original box was essential.

jan03

Did you pay through paypal?
A little naughty but I would threaten him with opening an item not recieved dispute( he cannot provide proof it was if not sent by recorded delivery), then see if he is forthcoming with the 15% refund, better than having to refund the lot, which he will do if paypal dispute is opened.

hippyadam

ormus wrote: »

that aside, im not sure you have too much of a complaint if the item itself is ok. unless you made it clear that a good original box was essential.

Call me old fashioned, but when i buy something online, i expect it to arrive in exactly the same condition it was when i paid for it. Its a gift as such i was after as good an example of the whole item as possible...:mad:

Jan03 i thought about that too, but its dishonest and bad karma. I have threatened to open a dispute but i wouldnt claim the item hadn't arrived...

Nicifer_noonoo

I suppose it depends on how much you paid for P&P...this obviously covers postage AND packaging. If you paid a reasonable amount to cover both, I'd complain.

hippyadam

Nicifer_noonoo wrote: »

I suppose it depends on how much you paid for P&P...this obviously covers postage AND packaging. If you paid a reasonable amount to cover both, I'd complain.

I paid 4.99 for P&P. He spent 4.25 on postage. How much is a sheet of bubble wrap these days?

Incidentally if anyone wants to see the damage check these pics:
http://img01.picoodle.com/img/img01/4/1/31/f_DSC00850m_99ff484.jpg
http://img01.picoodle.com/img/img01/4/1/31/f_DSC00848m_2978133.jpg
http://img01.picoodle.com/img/img01/4/1/31/f_DSC00847m_7180a00.jpg
http://img01.picoodle.com/img/img01/4/1/31/f_DSC00846m_e964a78.jpg

I wouldnt say that was excellent condition myself. Maybe im being picky, as i said its more his attitude "ive sent 1500 parcels so its not my fault!" etc...

ormus

you are correct, the box isnt in excellent condition.
but it wouldnt bother me too much. and doubtful if you would have any claim under, not significantly as described?

hippyadam

ormus wrote: »

you are correct, the box isnt in excellent condition.
but it wouldnt bother me too much. and doubtful if you would have any claim under, not significantly as described?

His discription was " HERE I AM SELLING DONKEY KONGA GAME + BONGOS ALL BOXED FOR NINTENDO GAMECUBE AND WII COMPLETE WITH ALL MANUALS IN EXCELLENT CONDITION ANY QUESTIONS PLEASE ASK"

As far as im concerned he described it all as being excellent condition. The box isnt so thats not as described.

He eventually offered a miserley £2.00 refund. Dispute opened. I guess we'll let paypal decide.