ebay postage

[sirlearie]

item received for ebay purchase broken on arrival during transit . am i right to say it is sender's responsibility ie. under sale of goods act not fit for purpose/not as described etc . advice if you are lawyer or have been through this situation please ? thanks .

[Kathyan]

Was the item securely packaged? If it was then it's not the seller's fault. Did you pay for postal insurance? If you didn't then it's your fault. You could try claiming against the Post Office but I think they only compensate for loss (if you have a proof of postage certificate) not damage, but I could be wrong.

[auzzie]

We received damaged goods which were damaged before being put into the box. The box was intact and undamaged. He says he photographed the goods before putting it into the box, how he can prove it was the one he sent to me i dont know. (this was a business) It had a 7 day return policy which was not honoured. I put a claim through paypal and i lost because i did not get three quotes for repair! I did not want a repair i wanted new goods or my money back. It was all automated and when you ring them they are about as useful as a chocolate teapot. If the seller wont compromise there is not a lot you can do. Put it down to experience and if a valuable or fragile item is bought make sure that it is covered by postal insurance.

[vicalncraig]

You would get a more definitive answer if you go on to QandA on Ebay
In my opinion the previous 2 answers are wrong as a number of factors have not been mentioned.
I can assure you that you are correct that it is the sender's responsibility.
If you paid by paypal then start an Item Not AS DESCRIBE dispute...via paypal...you will win.
If you paid by Credit Card for over �100 you can do a chargeback
If you paid by po or cheque start the same dispute via ebay.
Insurance is for the sellers benefit, not yours.
They have the contract with the post office, not you.
Good luck

[sirlearie]

vicalncraig , thanks . i have already opened dispute with paypal . you are supporting my view & i am tempted to let it run to judgement . your advice was most helpful .