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!

[moretoloveshop]

I don't understand your flippant and unhelpful response. And quite frankly, you're bad at analogies. I am not asking for a free item that was simply the wrong size. I paid for an item that was advertised in good unbroken condition. I am requesting for compensation for having to repair the items that arrived broken. It is the seller's responsibility to get the item to me in the condition it was advertised. 

[moretoloveshop]

I am not asking for free merchandise. I want compensation for having to repair the items and for not receiving the item as advertised. My question was regarding routes we could take so that we could request not to have to return the item for a full refund, but still get compensation. I am prepared and willing to return the items, but I would prefer not to. The only option I can see on eBay is to request a return.  

[buyselljack2016]

---

@moretoloveshop wrote:

I don't understand your flippant and unhelpful response. And quite frankly, you're bad at analogies. I am not asking for a free item that was simply the wrong size. I paid for an item that was advertised in good unbroken condition. I am requesting for compensation for having to repair the items that arrived broken. It is the seller's responsibility to get the item to me in the condition it was advertised. 

---

You should ignore most post from that ID.  Basically just trolling.

[wastingtime101]

The seller doesn't sound open to further discussion on this.

Either keep it and move on or open a return request. Maybe the seller will offer a partial refund and maybe they'll refund without requiring the return. Most likely they'll accept the return and provide a prepaid shipping label so you would have to send the item back.

If it was poorly packed then insurance (if there was any) won't pay out. If an insurance claim is filed then you would have to forfeit the item to the post office.

[lamber9347]

@moretoloveshop - It's very commendable of you that you are trying everything in your power to not open a return case against this seller. Plus you actually want the items and prefer not to send them back. However there are times when we only have two options, a black or white choice with no gray. This is one of them. 

This seller seems inexperienced, or just not that bright, in that he is arguing about a partial refund on an item that will cost him $50 simply to provide the label for the return. Since he only made an $8 profit, we already know he's not very good at math, bless him. 

I can't understand why you are hesitating here. I understand your description of these being rare and vintage but personally how I receive my items also remains a memory for them. I wouldn't want them if they had 4 major pieces, albeit repaired since, broken off. My enjoyment of these rare sculptures would forever be tainted with the memory of having to deal with such a difficult seller. Personally I would open the INAD case and be done with it. It's your call....

That said the buyer may hit his head and come to his senses, then realize that sending you a better partial refund would actually work in his benefit instead. He would be done and not get an INAD on his account. The cost of dong business online. 

Best of luck to you....

[7606dennis]

---

@moretoloveshop wrote:

I am not asking for free merchandise. I want compensation for having to repair the items and for not receiving the item as advertised. My question was regarding routes we could take so that we could request not to have to return the item for a full refund, but still get compensation. I am prepared and willing to return the items, but I would prefer not to. The only option I can see on eBay is to request a return.  

---

The MBG gives you the means to receive your money back and also provides for the seller being responsible for paying the return shipping if the want the item back.  It is up to the seller to determine if he wishes to refund without requiring a return.  Your options are to file a return request, ask the seller for a partial refund or keep the item and receive no refund of any kind.  There is no reason for eBay to offer you an option that is not theirs to offer.

[fab_finds4u]

Dear Seller

I would like a $50 partial refund and keep the damaged sculptures  or you can provide a return label or send me return shipping money and I'll return them for a full refund. The choice is yours. If you don't give me the partial refund I ask for I'll open a not as described case and get a full refund.

Sincerely, 

Your Buyer

[terrycece62]

Unless seller agrees to a discount you will need to either take item as is or send it back for a refund

Have you send seller photos of item(s) broken condition ? 

if not seller might feel you claim is false and you are searching for a discount

 not saying you are doing that but some buys do that to get a lower price

[7606dennis]

---

@fab_finds4u wrote:

Dear Seller

I would like a $50 partial refund and keep the damaged sculptures  or you can provide a return label or send me return shipping money and I'll return them for a full refund. The choice is yours. If you don't give me the partial refund I ask for I'll open a not as described case and get a full refund.

Sincerely, 

Your Buyer

---

I'm not sure that I'd word the request quite like that.  By including the last sentence it could be seen as extortion since you're demanding a partial refund and threatening to take a specific action against the seller if he doesn't comply. 

I would suggest simply filing a return request using the appropriate NAD reason and if the seller offers a partial refund fine, otherwise let him send you a return label and you return the damaged goods and get your refund.  If, however, you do decide to ask for a partial refund, don't threaten any type of action if he decides not to give it.  Frankly, many sellers make it a matter of policy not to give partial refunds.

[moretoloveshop]

Hi, yes, I have sent detailed photos of the broken items. They are clearly and significantly broken. 

[moretoloveshop]

Thank you for your thoughtful response. Yes, it does seem like this is one of those non-gray cases, unfortunately, where I have to choose to return the items.  

Just to answer you question re: my hesitancy to simply open a INAD case and return the items. These are rare vintage sculptures made by the indigenous people of the Philippines. I can recognize them anywhere. According to the seller, they were taken from there by an American WWII veteran to the United States. It's been sitting dusty in storage, for decades. I'm not sure what the circumstances around how he procured them. He could have been gifted them, bought them or pillaged them. Sorry for being dramatic, but it sort of feels like I've rescued an artifact that's been sitting in the back storage room of a museum that was stolen from a native tribe or people. As a Filipino, I feel some sort of responsibility to give these a good home, if not in the Motherland where they came from, then with Filipinos who will honor and appreciate them. I would hate for someone to mishandle them or throw them away. The seller obviously did not feel the same way as it seems he just haphazardly threw them in a box like one of the video games he sells. 

That being said, I have to be prepared to return the thems if the seller requests it. He will be paying $100 refund for the cost of the items, plus my original S/H of $50 and most likely $50 to ship it back to him so I am unsure exactly what his intention is in refusing to simply negotiating fairer compensation for the broken items. He may just be bad at math, like you said.

Anyways, thank you for your helpful reply. 

[monster-deals]

...if it is good enough to keep.

If you push and open a SNAD you may end up returning the items. 

...also if your seller is unresponsive you may end up with a refund and the items for free.

Roll the dice.

[lamber9347]

@moretoloveshop - Thank you for adding more details. Actually I do get it now. I come from a different culture than yours but completely understand your wanting to honor something with such heritage significance. Thank you for taking the time to explain. 

I do still think you should follow through with the INAD case. I believe that all things happen for a reason. Perhaps the reason was for you to discover these and not be able to hang onto these particular ones but to find them elsewhere and in much better condition. Who knows but it's fun to ruminate. There is the chance that the seller will give in and refund you a partial amount which would also indicate this was meant to be all along. Best of luck to you....