• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sold/shipped item on ebay in great cond, buyer recieved it broken

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

g. kaye

Junior Member
What is the name of your state (only U.S. law)? Michigan

I sold a $400 vintage open reel tape deck on ebay and it was in great condition when I packed it to ship, and packed great, and I have pictures taken the day before I shipped to prove it. He recieved it today and said the top corner of the box was smashed in, the deck was cracked, and it no longer worked. He wants a full refund and opened a case through ebay. We have been very cooperative with each other through the whole process, since he first contacted me about buying the item. I told him I would give him a full refund, and I would file a damage claim with UPS to recoup my loss.

Ebay policy is such that he needs to return the item to me before I have to issue a refund. Before that though, UPS needs to go to his house to inspect the item for my claim. He agreed and is willing to cooperate, but he thinks they are coming to pick it up and ship it back to me, which will get him his refund.

However, from what I've read, its in my favor for them to inspect it on site and NOT bring it back their office. So how do I go about telling him he needs to be there for inspection, but he'll have to make later arrangements to have it shipped back to me? I'm worried he may try to make me look bad to UPS if I anger him, and blame me for poor packing or something.

Also, when should I allow him to ship it back to me? I'm concerned that through ebay's policies, once he ships it back, they will automatically refund the money to him. But, if it takes longer than that to recieve my claim decision, and its denied, then I'm screwed and none of this is my fault.

Either UPS damaged it, or he did somehow, so it doesnt seem fair that he can just ship it back to me broken and automatically get his money back. While I get nothing but my item broken.

Any suggestions on how I should proceed? Should I try to make him file the damage claim and leave it to him to get his money back from UPS?

He has the damaged item, I'm not sure why I filed the claim, but I'm thinking he should've been the one to file it now.
 
Last edited:


g. kaye

Junior Member
UPS Damage Claim

Also, if anyone can provide me some insight on what I'm going to be dealing with on this claim with UPS, that would be great. I've read a lot of stories of ppl getting denied, with UPS just saying it wasnt packed properly. So I'm a concerned I may have to give him his refund back now, and then end up getting denied later by UPS.
 

LillianX

Senior Member
Your questions aren't legal ones. They deal entirely with ebay and UPS policies. You'd have to ask the companies involved.
 

g. kaye

Junior Member
^ok, sorry. If its ok, if anyone has any experience dealing with these compaines or situations, any info is appreciated. Thanks :)
 

OHRoadwarrior

Senior Member
Inform him via ebay mail, that you are willing to work with him to refund his money, in accordance with Ebay policy, however, he needs to comply with the UPS insurance requirement, that they inspect the item at his location. Advise him his failure to mitigate the damage, by complying with the UPS investigation, will result in your refusal to reimburse him.

I went through this before. As long as UPS believes the item to have been properly packaged, which they determine by viewing the packing materials and verbal discourse with recipient, they will issue him reimbursement up to the insured amount or purchase price and keep the item. Supplying pictures to him, for UPS, will aid your case with UPS.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top