I bought a dreadnought on a well known auction site. It arrived damaged. The seller says I need to go through Postal insurance. I wanted to send it back for a refund what do you think should happen?
My friend has posted the photo's and email here. I was quite surprised at the sellers response. [url]http://chaptermasters.com/model-buying-is-a-risky-game/[/url]
If I do a postal insurance claim I keep the model and get my money back, but I have to fill out forms and it all takes longer.
I sell on Ebay a lot. Luckily, because I am a private individual and not a business, I have no obligation to give refunds. I say this because I think ebay the price should always reflect the risk of dmage and poorly described goods - when I am a buyer. So, in effect, the buyer risks getting an awesome deal against crap description.
The reason I do this is because ebay is entirely weighted to the buyer, and also that I suspect on several occasions, people have taken a 'try before you buy' attitude - the plastic crack has arrived - they are hobby butterflies and no longer need 87 jump packs becuase they are on the next project, or the missus catches them at it and complains they have no money for an anniversary dinner - whatever - it arrvies and they try for a refund.
So I no longer do refunds and my T&Cs say so. They also say, once it has left my possession, all responsbility ends. If it arrvies damaged, chase Royal Mail. Now if Royal Mail T&Cs state it is the sender's responsibility to chase, I would only do so, after the goods were returned, at cost of the returner, not myself. I would then only issue a refund if Royal Mail issued one to me. Because I never send anything knowingly dmaged, and I don't trust unscrupulous uyers not to decide they don't want something so they smash it up and claim postal damage. I will not be out of pocket at all.
Quite simply, satisfy yourself as to the condition of the item before it leaves me - or don't bid at all.
I have achieved 500+ feedback with this attitude, which I clearly explain.
You may of course be Mr genuine - I think the relaity is that there is a middle ground here between their poor description and some unrealistic expectations from yourself, no offence.
So to sum up, I think you should send back, at cost to yourself. he Shoudl issue a full refund, not including P&P - if and when Royal Mail fulfils his claim. After all, if he can't meet their evidential standard, you can't meet his.
There's definitely some dodgy sellers out there, I bought a limited edition dvd boxset through play trade, and the seller had 98% feedback, it wasn't until he'd sent me standard copy (which retails at a fraction of the price) I read through the comments and found a ridiculous amount "going missing in the post" and "wrong items" which got kept in addition to "compensation" items that were sent out. To get a refund he essentially demanded his negative feedback be removed, and issued it in two parts.
Certainly taught me to read the comments not just how positive it is.
Certainly I believe that in terms of the contract the sellers responsibility ends the moment that they are posted.
Any damage incurred in transit is the responsibilty of the carrier.
Though I do not believe that is the issue here, if I buy an unpainted model I expect 0 paint. If there are traces of paint this is either a partly painted, or painted removed product and advertising as unpainted is certainly a cause for concern and is arguably a case for the Misrepresentation Act 1967.
Citizen's Advice give some good pointers [url]http://www.adviceguide.org.uk/england/letters/introduction_to_letter_for_misrepresentation.htm[/url]
If it's not as described return transit is the sellers responsibility, if it's unwanted distance selling gives you a week to reject it but the return transit is your responsibility iirc.
Depends on the damage level, If you have it insured you can file a claim with the postal service...if not your SOL