Item damaged in the post - seller has me over a barrel.

[media]

Hi,

I bought a ceramic pot on ebay for 99 pence (so nothing at all), but postage costs were a whopping £8. The item arrived in an obvious second hand box, and when opened the pot was only packaged in a few bits of newspaper and a tiny bit of bubble wrap and was unsurprisingly smashed into loads of sharp shards.

I contacted the seller and they said they would only refund me once they have been refunded on their insurance. They also requested pictures which I duly sent. I then asked for my postage refund and they said that they would only refund the 99p. I said I wanted a full refund as I would be left out of pocket and they said that I would have to return the broken pot. I pointed out that this would cost me the same again in postage and would they refund for the return and they said it would be my loss. They then said that they would not process my refund at all (99p!) without a return which would cost me even more. I checked their courier's terms and conditions and they only require photographic evidence and a declaration for an insurance claim. I pointed this out to the seller and stated that it was a bit dangerous to send the broken pot shards back in the post, and they took a "that's tough" attitude. I am now set to make a loss either way while the seller will likely get a full refund and may well have sent me a broken pot in the post for all I know. I have opened a dispute, but am I likely to get a full refund? This seems very unfair.

[minty1]

Hi media

Have you opened a dispute in the resolution centre? if not do so if it is within 45 days of the purchase date

[media]

Yes I have, but they keep repeating the same thing and saying according to eBay's terms I'm obliged to return it (no idea how I'm returning razor sharp shards of broken pot) to get 99p back! If I do that I'll be £16 out of pocket. It seems a huge flaw in eBay and leaves buyers completely unprotected whereas within normal UK consumer law I'd be entitled to a full refund and my return postage covered.

[minty1]

You should get a full refund as that is the price you paid, It normally is the buyers responsibility to refund items at their own expense unless it is a business seller but a good seller would refund your postage costs, obviously not in this case!.

Im not sure about these circumsatnces as returning the item as you say it could be dangerous, I would have a live chat with Ebay about these circumstances.

Can you escalate the case yet so  the case can be reviewed?

[media]

I'm not sure how to escalate it? I'm assuming there's a time threshold on any further action and it's only been a day or so of back and forth between myself and the seller. If I have to return it I'm quite concerned about being held responsible for anyone being cut should the shards poke through the box. Surely I'm liable in this case?

[minty1]

Oh ok yes you have to wait I think it is 8 days before you can escalate,Im not sure to tell you what to do apart from Ebay live chat for some advice or  try posting the question on Ebay community forum/answer cenre, they're normally pretty quick to respond on there.

I understand your concern regarding returning it

[media]

I'll chat the eBay. Thank you very much for taking the time to help me. It's very much appreciated. Thank you.

[minty1]

You're welcome try the Ebay forum as well Im sure some people will have had the same problem