Damaged item received during shipping

[retro-licious]

Buyer states necklace was damaged when received and requested a return. Ebay states I need to provide a shipping label at my expense. Isn't the shipper responsible for damages and shouldn't the buyer file a claim with usps? ( I used ground advantage item was under 100$)

Another ebay learning experience for me . Thanks!

[glorybells]

If the buyer has opened an item not received case, you need to provide the shipping label and refund when you receive the item back.  Not doing so would mean that eBay will probably refund them out of your funds, let them keep the item, and hit you with a defect against your account.  If you want to file for insurance, that’s on you, but you need to refund the buyer.  If you’re going to file for the insurance, ask the buyer to hold onto the shipping package in case usps wants to see it.  Be aware that they deny most claims as “ not packaged sufficiently 

[ckimodog]

@retro-licious 

No....you as the seller are responsible. 

[brightlightbookseller]

You are responsible for delivering the item to the customer in the advertised condition.  You have a contract with USPS to deliver it, not the buyer. You need to either send them a label or refund them without requiring it, and then file the claim yourself with the USPS for insurance (good luck!).

This is all required by law, btw, not just eBay.  You as the seller are by law responsible for the item until it is delivered safely.

[mam98031]

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@glorybells wrote:

If the buyer has opened an item not received case, you need to provide the shipping label and refund when you receive the item back.  Not doing so would mean that eBay will probably refund them out of your funds, let them keep the item, and hit you with a defect against your account.  If you want to file for insurance, that’s on you, but you need to refund the buyer.  If you’re going to file for the insurance, ask the buyer to hold onto the shipping package in case usps wants to see it.  Be aware that they deny most claims as “ not packaged sufficiently 

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I think you meant an INAD.

As an added note, if the buyer invokes their right to have Ebay step in on the Claim because the seller has not responded in their allotted amount of time, everything you said is true plus Ebay would not refund the seller their selling fees.

[mam98031]

If your buyer filed a Request for return, they attached a picture.  Would you share that please.  

If the package was actually damaged, USPS is extremely good about putting notes and/or stickers on the package noting that it was damaged.  You need a pic of the packaging.

Then you need to file a claim with USPS, but you need those pics from the buyer.  USPS may want to come to the buyer and visually see the damage as that is their right to do.  But you need to contact USPS to find out what their requirements are for the claim.  Either way, you need your buyer working with you.

https://www.usps.com/help/claims.htm

In the meantime you still need to process the Request for return within the rules of Ebay.

https://www.ebay.com/help/selling/managing-returns-refunds/handle-return-request-seller?id=4115

You need to decide if it is worth your time and/or effort to go through the USPS claims process.  How much was the item you sold?

[toysaver]

The shipper can't be responsible if the seller packed inadequately.   If you only shipped in an envelope any heavy box placed on top of it could cause damage.  Bubble wrapped in a box would get most jewelry there safely. 

[mam98031]

@retro-licious 

A little added tidbit.  USPS takes pics at different times in the processing process.  You can contact USPS to see at least the last pic they if to see if there is possibly any damage to the package.

But as others have said, you need to know that if it was your packaging that cause the item to be at risk, USPS won't cover you.

[retro-licious]

Thanks all for your responses. I refunded her immediately but let her know that what I shipped was not defective. I wanted a clear understanding of my responsibility and I received it here. Ty all for taking the time to respond and clarify 

[glorybells]

@mam98031 ,

OOPS!  You’re right, that’s what I meant.  

[mam98031]

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@glorybells wrote:

@mam98031 ,

OOPS!  You’re right, that’s what I meant.  

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Not a problem.  I knew what you meant, others may have been a little confused, so I just clarified it for you.  I've done the same type of thing from time to time.  Sometimes my fingers just have their own mind.  LOL

[anasazirose]

Over Christmas I had 2 packages arrive with broken items. The buyers messaged me, I responded that I would ship a replacement or issue a partial refund (one plate of a set broke in both instances).  I asked for photos of the broken item and of the packaging if it was damaged (it wasn't).  I also asked them to please hold on the item and packing until I let them know that the USPS investigation was closed. 

Both wanted a new plate, which I promptly sent, had they wanted a refund, we would have had to determine an amount unless I wanted to send a label to get back the unbroken pieces, or let them keep the remaining part of the set and issue a full refund. 

I also immediately filed claims online which was very easy.  In the first case, I received a check within 1 week, the 2nd took over a month - perhaps they got busy or maybe because it was a 2nd claim so close to the 1st.  In both cases my checks were under $15.

As for who files a claim, either the buyer or seller can, however on ebay, as a buyer, I'd want it resolved immediately through the seller.

So, ask the buyer for photos, ask them to hold on to the packing materials and the item to make available for postal inspection, and to hold until the claim is resolved.   UNLESS you want the item back, then send a label to get the item back, but be aware that returning a broken item may result in the claim being denied.

Of course, if the USPS denies the claim and the buyer still has it, it's a lose lose for you. 

Whichever you choose, file the claim immediately, and refund the buyer immediately.

[monster-deals]

Seller has insurance (if you bought it)

Buyer has the MBG

[tobaccocardyahoo]

Consumer protection laws, passed in the mail order era, make the seller responsible for the safe delivery of all orders. Internet orders are covered by the same laws.

Insurance is for the benefit of the shipper. The buyer gets a refund for damaged merchandise, even if it is not insured. The shipper/seller has to refund whether or not the shipper pays an insurance claim or not.'

[dbfolks166mt]

      As others have already mentioned as the seller you are responsible for getting the item safely to the buyer. When it comes to filing a claim with USPS either the sender or the receiver can file the claim. It is often easier for the receiver to do so since USPS will probably want the item and the original packing brought into the post office for inspection prior to approving the claim. If they approve the claim the PO has a couple of options with regards to payment. The receiver can either be fully refunded and USPS will keep the item and the packing or they may offer the receiver a partial settlement to get the item repaired and allow them to keep the item. 

     However, most receivers/buyers prefer not to deal with the claim and simply expect the seller to fully refund. If you can get the buyer to work with you when you file the claim with USPS there is a chance USPS may pay the claim but it will still probably require the receiver/buyer to take the item and packing into their post office. 

     I have filed a few damage claims with USPS over the years both as a receiver and as a shipping. Most of the receiver claims were covered by USPS but I am familiar with the process. For those where I filed as the shipper/seller the only time I have prevailed is when I had a receiver/buyer that was willing to cooperate in working through the claim.