Whats right and fair? help me out...

[rtbcomp]

I sigend for a parcel for my neighbour. When I took it round I noticed the sticky tape had been slit with a knife. Luckily for me everything was OK. I guess as it had come from the USA, customs or the Post Office had had a look inside, but they usually re-seal with official tape.

 

[Dangle_kt]

similar thing happened with me when I sent a bike petrol tank, royal mail dinted it and paypal found in the BUYERS favour.

Paypal is crap, their decisions have never gone my way, no matter which end of the buying chain I am, I think they have a randomiser which kicks out the results of the case.

Fingers crossed!

 

[rtbcomp]

similar thing happened with me when I sent a bike petrol tank, royal mail dinted it and paypal found in the BUYERS favour.

Not suprised really. In the cold light of day, you were responsible to the buyer for delivering an undamaged item, which you didn't do, so the buyer has a claim against you.

The Post Office was responsible to you for delivering the item safely, which it didn't do, so you have a claim against them. In this case, the Post Office was also to blame, blame and responsibility are not the same beast.

I had a prang on the M1 once, I was stationary at the rear of a queue when someone smashed into me, cannoning me into the car in front, the driver of which claimed off me and I claimed for the lot off the guy who hit me.

I guess insurance companies do it this way so more people lose the no-claims discount and so more moeny to them.

 

[Justme]

Theres new evidence...


3. In future I will do as advised - disclaim any responsability for breakages in the listing.


Matt - ta very much

You cant disclaimer you legal responsibilities if you are a trader / selling as a way to make money rather than just selling of personal items to get rid of them. Just the same as the signs in shops saying breakages must be paid for is buncum if they have the shelves baddly stacked.

Any one selling with similar notices I refuse to buy from as some are blatantly trying to pull a fast one & send damaged stuff out & give you no way to get recompence.


Justme

 

[bigbadbugga]

I wouldn't worry too much about ebay feedback, I heared on the news last week that they are doing away with the system altogether because people are blackmailing each other with it.

 

[rtbcomp]

One ebayer was trying void warranty unless the item was unused! How do you know it doesn't work until you try it.

Where special conditions apply traders have to declare "this does not affect your statutory riights."

 

[Fixer]

Well I'm only selling my own stuff, secondhand but I know what you mean...I see cars on autotrader that say "trade in - no warranty expressed or implied" which doesn't exactly sell it to me somehow.

 

[metalspanner]

After a recent bad experience on the bay of evil which has trashed my 120 plus 100% record gained over five years, I have decided not to sell anything on the fleabay ever again.
It is strange as a buyer the seller seems to have all the cards in their favour, but as a seller its the buyer I always seem to get the 'dirty end' of the stick, but what has really finished it off for me is sellers cant even leave negative response.
Only a positive, but with factual details, excuse me if some muppet with no brain can decimate my unblemished record, the very least I can do is respond accordingly, especially if it is deserved.
So thats it no more flea bay sales.

 

[rtbcomp]

Looks like Fed-Ex is about to lose me my 100% positive feedback!

 

[R BEADLE]

im with you neo , he should have gone to specksavers .

 

[the snooper]

in your op you state I get an email with pictures of the box stoved in and the thing in peices.

if the box was stoved in why sign in good condition when the box obviously wasnt
sound like he may have broken the contents then stoved in the box for a claim against you get a copy of the signed delivery note the guy wouldnt have signed good condition for a stoved in box who would

 

[SwissTony]

Why not just sign for everything as damaged in transit. If the item is ok, then no problem, but if its wrecked, you will be covered.

 

[tigler]

In my experience the one thing that most ebay sellers get wrong is packing. Some people just don't have a clue how to pack things to at least have a reasonable chance of survival in transit.
Any fragile item needs to be packed in at least a double wall cardboard box with 2-3" of cushioning material around the item, 4" or more for heavy and fragile items.
The box needs to clearly marked with fragile and or handle with care, preferably with purpose made tape. Then if damage is caused by the carrier they will find it hard to argue a case.
Really there is no excuse for things to get damaged in transit, I've sent numerous items all over the world and have never had anything arrived damaged.
Conversely, some of the stuff I've received is comical ! People think that a Jiffy bag will do for anything ! Someone sent me an electronic valve last week packed in it's own box and then inside the box off an old toothpaste tube !! No need to guess the result ! when I told him he said oh thats the post offices fault, I'll put a claim in !! I politely but firmly told him that the post office would die laughing when they saw how he'd packed it, before rejecting his claim !!
Someone sent me a camera once, wrapped tightly in JUST a bin liner !! It was destroyed, a sad end to a fine Nikon F !!
Bad packaging really irritates me when I've paid alot for something and the seller doesn't even have the courtesy to take care in how they send it.

 

[metalspanner]

Tigler,
I know what you mean, I have a decent collection of Britains farm models, I have bought some and sold others to fund further purchases.
I have found an ingenious method of sending these models, the model is placed on a bit of 1/8" ply cut to the size of a polystyrene 'cup' which is then placed over and several layers of cardboard wrapped around this, finally finished off with a couple of layers of newspaper and a final layer of cardboard then wrapped in gaffa tape.
This more than stands the rigours of both royal mail and couriers, I also have the same attention to detail with packing up the fishing reels I also collect, just a shame this is wasted on some and others cannot be bothered with even the most basic precations against the rigours of the average courier, royal mail driver.
I have seen them throwing expensive electronic goods around in the van, walking over other parcels and playing footsie with them.
You have to pack accordingly and also send by the appropriate service, anything delicate or of great value is better off being sent by guaranteed next day registered post (royal mail) because the trail left by the people handling the package is traceable.

 

[Ian D]

http://www.youtube.com/watch?v=uRFcbWdn360

 

[tigler]

Thats what I'm talking about !!

 

[pidgeon chit welder]

Not suprised really. In the cold light of day, you were responsible to the buyer for delivering an undamaged item, which you didn't do, so the buyer has a claim against you.

The Post Office was responsible to you for delivering the item safely, which it didn't do, so you have a claim against them. In this case, the Post Office was also to blame, blame and responsibility are not the same beast.

I had a prang on the M1 once, I was stationary at the rear of a queue when someone smashed into me, cannoning me into the car in front, the driver of which claimed off me and I claimed for the lot off the guy who hit me.

I guess insurance companies do it this way so more people lose the no-claims discount and so more moeny to them.

Post office would say that you failed to pack the goods enough but when they get a photo or the tyre tracks over a parcel or fork lift tine holes in it they do usually cough up IF it has been correctly insured .

 

[Drains]

I think most of the recent posts should be in a new thread. The OP was two years ago. I imagine paypal will have settled that little dispute by now...

 

[mike os]

I think most of the recent posts should be in a new thread. The OP was two years ago. I imagine paypal will have settled that little dispute by now...

but I would not put money on it

 

[the snooper]

that'll teach us to look at the op date