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holliemon
5th December 2008, 13:05
I dont do Ebay so I am not sure of the procedure.

My son bought some Vivienne Westwood ear-rings (not sure why he does not have his ears pierced and I cant say I want him to) I think one is for him and the other for his mate at school.

I have just picked these up from the PO and both stalks/stems on the ear-rings are so bent they are in line with the ear-rings. If I bend them back to the normal place they could snap off.

These cost 24.99 with 3.50 recorded delivery. They came in a VW pouch in a small jiffy bag. I do not think the packaging was sufficient to avoid any damage.

Could someone please help

Where do I stand - I have emailed the seller to explain the situation and am awaiting a response.

The ebay shop/listing says items can be returned within 7 days at our cost. There is no mention of what happens if they arrive damaged.

They are quite nice ear-rings actually - do you think I could persuade him to buy me a pair for xmas

thank you for reading this post

clematis45
5th December 2008, 13:09
as items are obviously damaged you should not have to pay for return postage. i would wait for the seller to get back intouch. if he/she does not contact you or states that he is not liable i would open a dispute. would you accept a broken laptop from curry's???

jamsandwhich
5th December 2008, 13:17
It is the sellers responsibility to package the items fit for travelling and arriving in useable condition. I would wait for them to respond and see what they say - you can open a dispute for items damaged in transit due to insufficient packaging.

holliemon
5th December 2008, 13:50
Thank you for your replies at least I know what my rights are now. Will rep you

holliemon
5th December 2008, 14:15
I have now heard from the seller asking me to return the items and she will then send replacements.

If I send recorded it is going to cost me 3.30 (I think that is what she paid) is it normal for me to pay this. It needs to go recorded as she may say she never received them

Which is the way forward

jamsandwhich
5th December 2008, 14:41
I think I would be asking the seller to send replacements and do a partial refund to allow for the postage costs and definately send recorded as it is only 75p I think? with a value up to 35.00 (please check as I am not too sure on this).

I may be a bit cynical but I would also take a photo of the earings showing the damage and the packaging it was received in - just in case she then says that you just returned them as per her refund policy and that it is your fault they are damaged in transit so are not entitled to a refund. I may be doing her a complete injustice but it covers you just in case ;)

holliemon
5th December 2008, 14:47
Would you ask her to send replacements before sending the damages ones back?

I will take photos that a good piece of advice. Thank you

jamsandwhich
5th December 2008, 14:54
Would you ask her to send replacements before sending the damages ones back?

I will take photos that a good piece of advice. Thank you

If everything is recorded I would think you should be fine sending the damaged ones back first, she needs to see they are not fit for purpose before sending a replacement. Keep a record of everything - all emails, tracking no's and then if you have to make a claim all is in order from your side and will probably go favourably for you.

If she doesn't agree to refunding you the postage costs, when you receive the new ones I think you can still make a claim through ebay for a partial refund on the original purchase but you may need to provide proof this has been asked for first? I haven't had a huge amount of experience so would read the help pages about this and maybe someone else could clarify if I am wrong:)

My ebay transactions have always been quite straightforward and amicable so have no knowledge of if it goes wrong!!!

holliemon
5th December 2008, 14:56
Thank you for your help - the odd bits OH and son have bought have all gone smoothly before so this is unchartered territory

angelic
5th December 2008, 18:59
Sorry you have had a problem Holliemon :(

As others have said, you will neeed to return the earrings to the seller for her to check before she refunds/replaces them.
Personally I would be asking for a refund as there is no guarantee she will send a replacement pair in better packaging. A jiffy bag is no protection for anything delicate :(

Jewellery should be sent by Special Delivery as it is actually not covered By Royal Mail for any compensation if sent any other way.
Same goes for money and vouchers.
Just wanted to let you know this in case the earrings go missing on their way back to the seller.
Unfortunately, Special Delivery costs more than Recorded Delivery because SD is tracked every step of the way. SD items are sent separately to normal mail and have to be logged at the Sorting Office etc until signed for next day by the recipient on delivery.

RD is tracked only by the PO you sent from scanning the RD barcode. Once in the postal system, RD mail goes in with normal First/Second Class mail and is then only trackable when the recipient signs for the item.

I hope your seller will be helpful and you get your problem sorted :)

Emmamed
6th December 2008, 02:23
hope you get this sorted, if you put a claim in for part of the return postage be paid, paypal will not side with you as its down to the buyer to pay theses costs, but you never know the seller may give you some money bk.