Compensation on broken items, prefer not to return

[moretoloveshop]

TL;DR--Recieved broken items. Unresponsive seller who denies responsbility. We would prefer to keep the items, but get compensation for having to repair them. Should I try to negotiate with the seller or file a claim? Or is there another route? We would prefer not to return the item. Thank you for your advice!

We bought two vintage and rare wooden sculptures damaged. They were advertised as in excellent condition with only a minor crack on one of the pieces, but they came with 4 major pieces broken off completely. The box was beat up. The sculptures were only half wrapped in some sort of bubble wrap (the kind that toner comes wrapped in) and in very loose packing popcorn.

Requested compensation from the seller for the time, cost and disappointed around having to repair the broken items. 

Seller claims he packaged them properly. Went on to explain he is 61 years old, is an experienced seller/packager (although he usually sells video games), sold the items as a favor to one of his customers at his video game store and only made $8 off the sale. Condescendingly asked if we want the $8 he made. 

I replied that the circumstances around how he came to sell the items and how much he profitted off of it was of no concern to me. What does matter is that they did not arrive to me as described, nor do I believe he packaged them properly. 

I asked him what the insurance info on the package was. He hasn't replied. It's been a week. It looks like it was shipped USPS retail ground with no insurance. Paid $50 for s/h and $100 for the items. 

Should I try to continue to negotiate with this seller? What is a fair ask in that case? Or should I go ahead and file a claim through ebay? It looks like returning the items is the only option given through the resolution center. Other discussion posts say we should be prepared and willing to return the item if we go this route. Do we have any other options for compensation that does not involve returning the item? 

Thank you for your advice!

[disneyshopper]

Do we have any other options for compensation that does not involve returning the item? 

If you file a Returns Request because the item is not as described, the seller will have to pay return shipping to get the item back before refunding.  The seller can save himself the return shipping if he sends a full refund without requiring that the item be returned.

[donsdetour]

The option on the return is up to the seller.

contact them:

or file a claim in the resolution center at the bottom of the page.

Note: the only real protection you have is to file a claim.

[alcoforever]

It is the seller's call as to whether or not to issue a partial refund.  If the seller is not responsive to that, your only option is to open a not-as-described case in the Resolution Center.  If the seller denies the return in the case, then you can ask ebay to step in and you will get a full refund without having to return the item.  Otherwise, the seller may send you a prepaid return label and you will have to return the item before getting a refund.

All that **bleep** from the seller about 61 years old, only made $8, etc. is totally irrelevant.

[buyselljack2016]

@moretoloveshop 

One option that the seller may be presented if you open a INAD, is to do a partial refund.

Seller would enter the amount they wish to offer.

It is not a negotiation at that point. The seller has one shot at the offer. You accept, or decline the partial. There is no counter offer at that point. 

[diegoborgh]

if eBay doesn't help, invoice the client outside eBay (by trackable mail), repeat two attempts after hearing no response, in the last letter write that he/she will be sent to collections if no payment is received by (date).

Send to collections.

[moretoloveshop]

Hi, I am unsure what is meant by this suggestion? I am the client in this case as I am the buyer. I paid for the items in full including $50 in s/h. I am looking for a partial refund for an item I purcased that arrived broken. 

[moretoloveshop]

Thank you for the information!

[moretoloveshop]

Thank you for the reply and the information. I can go ahead and request a more specific partial refund from the seller directly, although he only offered $8 after my first message.

When I try to open a INAD case in the resolution center, returning the item is the only option. Is there is no other option to request a partial refund claim from eBay at this point? 

And yes, all the **bleep** is irrelevant. It sure has made me feel guilty though about filing a claim. 

[moretoloveshop]

Thanks for the reply! I think the sensible thing for the seller to do would be to offer to compensage me for the price to ship the item back to him, which I assume would be the $50 they asked us to pay for shipping in the first place. But they have only offered $8 at this point and have not replied back to our request for info. regarding insurance on the item. 

If we start a claim through ebay, we should be prepared to return the items, which is not preferrable, but I guess we should go ahead and do that. 

[moretoloveshop]

Thanks for the reply. It seems as if we start a claim through ebay, we should be prepared to return the items, which is not preferrable, but I guess we should go ahead and do that and be willing to return the items.  

[house*of*paws]

@diegoborgh 

I'm not sure what you had in mind.  I don't know of any 'collections' that the OP/buyer is able to make use of.  Sellers aren't responsible for paying anything other than return shipping plus full refund upon return of the item.  Nobody can make them do that, including eBay.

[jbjbj_7]

Hi Wal-Mart I bought shoes last week but they were the wrong size. I don't want to go to wal-mart to return them so can you send me $40?

[7606dennis]

It is the seller's decision to make if he wants the items returned before issuing a refund, not yours.  If you, want your money back you must abide by the rules of the MBG.  Why would you think that you could keep the merchandise and still receive a refund?

The seller can decide to issue a refund without return or offer a partial refund which you could accept or not.  However, the choice is the sellers and if he wants the item back you must comply in order to get your money back.  However, if you filed a NAD return request, the seller would be responsible for the return shipping. 

Of course, if the seller doesn't reply to the dispute, you can ask eBay to step in.

[7606dennis]

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@diegoborgh wrote:

if eBay doesn't help, invoice the client outside eBay (by trackable mail), repeat two attempts after hearing no response, in the last letter write that he/she will be sent to collections if no payment is received by (date).

Send to collections.

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Since the OP is the buyer, your response seems out of place.