item damaged

[noidie]

purchased a chandelier on ebay.  seller was to package properly & securely, etc.  uship picked up box and brought to me.  the fixture was damaged (seller just wrapped chandelier in one layer of thin wrap, then placed it in a large box that was 2/3 full of styrofoam peanuts).  the box was not damaged at all.  i do not fault the shipper who brought it to me but rather the seller who did not properly secure and protect the fixture.  how to resolve?

[missjen831]

@noidie Did you arrange for uship to pick this up? Was it a local pickup listing? The answer to your question depends on how this was listed and who arranged shipping.

[noidie]

Yes to both.....

[missjen831]

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@noidie wrote:

Yes to both.....

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Unfortunately you are responsible not the seller. Ebay's money back guarantee doesn't cover this because you arranged shipping. You'll have to take this up with uship. https://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy...

[noidie]

i paid seller $256.90 for shipping (refer to ebay item 283209547798)~ however, i arranged to have Uship pick up the fixture along with another item that i purchased from same seller (for which i arranged/paid for uship directly).....

[monster-deals]

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@noidie wrote:

i paid seller $256.90 for shipping (refer to ebay item 283209547798)~ however, i arranged to have Uship pick up the fixture along with another item that i purchased from same seller (for which i arranged/paid for uship directly).....

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Then your problem is with Uship.

[davidstarcher]

If you actually provided your own shipping at your own expence you should at least be entitled for a refund  on the $256.90 for shipping that you paid to the seller.  When somone aranges their own shipping carrier usually by giving me their UPS or FedEx account number I always refund them anything they paid me directly for shipping and believe that ethically if not legally I am required to. 

While eBay policy may not provide for items damaged during in shipping for local pickup it sounds to me that because you paid the seller for shipping this was probably not tagged by eBay as a local pickup so I would go ahead and file a claim for item arrived damaged anyways and explain the situation as a matter of bad packaging on the side of the seller.  I would include pictures of the damage. Usually the lack of any damage to the box itself is evidence of improper packaging.  I think that there is a very good chance that eBay will side you and in any case you have nothing to loose by trying.

[monster-deals]

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@davidstarcher wrote:

I think that there is a very good chance that eBay will side you and in any case you have nothing to loose by trying.

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Indeed they have a good chance of winning, they also have an equally good chance of losing outright or on appeal and getting a nice red flag in their file for their troubles.

Since they arranged shipping this one should fall on the buyer.

[missjen831]

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@monster-deals wrote:

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@davidstarcher wrote:

I think that there is a very good chance that eBay will side you and in any case you have nothing to loose by trying.

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Indeed they have a good chance of winning, they also have an equally good chance of losing outright or on appeal and getting a nice red flag in their file for their troubles.

Since they arranged shipping this one should fall on the buyer.

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The OPs chance at winning is slim to none since they arranged shipping.

As far as the shipping charge, if the OP chose local pickup and sent a separate payment for shipping--its not clear what they did here--then they'd need to seek a refund through paypal. The listing did offer $225 shipping but its not likely the OP would get help from ebay on a refund of that charge, if it was paid through ebay. It would need to be a paypal dispute for shipping cost issues.

[monster-deals]

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@missjen831 wrote:

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The OPs chance at winning is slim to none since they arranged shipping.

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I would no more expect the outcome of this to go by the book than for it to off the rails. We all know that is the new normal on ebay.

...again it SHOULD fall on the buyer...but I wouldn't be shocked if it didn't