I received an item that was extensively damaged.

[snomobiling]

I received an item that was extensively damaged. I contacted the seller who claims the item left in perfect condition and therefore it the shippers responsibility.  I sent pictures to the seller, who says he will contact his post office. ( In Spain)  and get back to me. The communication with the seller is good, but this item is a tool that coast almost 200 euros. The metal case it came in was damaged ( looks like run over) then the outer box TAPED up on the damaged corner. Parts inside are also bent, making the tool unusable . Should I open a case or wait since the seller is talking with me. Is there a time limit on Damage claims? Should I be asking the seller for updates. Should I make a claim to PayPal? Never EVER had this issue with ebay. 

[pierrelebel · Accepted solution]

"Should I be asking the seller for updates".  No.

Should I make a claim to PayPal? "  Yes, immediately, today.

[pjcdn2005 · Accepted solution]

If possible, try opening the claim on ebay first rather than paypal.  Usually when an item has been damaged, the seller can ask you to return it before you get a refund. Paypal will definitely require you to pay return shipping with delivery confirmation and that will be expensive...ebay "may" require the seller to pay for return shipping although I'm not sure how that works with international sellers yet.

The seller is always responsible for making sure an item reaches the buyer in good condition. If there is a problem with the shipper, the seller will still have to refund you and then try to get compensated by the shipper. If they didn't have insurance on the item or if their claim is denied, that isn't your problem.

You do have 30 days from estimated delivery to make the claim with ebay (45 days from payment with Paypal) but you don't want to wait too long to make a claim. You don't have to escalate the claim or ask ebay to step in right away if you want to give the seller a little more time to settle things but make sure that you are aware of all of the timelines.

[reallynicestamps · Accepted solution]

Frankly, that sounds as if the seller's insurance claim with his post office will be denied because his packaging was inadequate.

But that's his problem not yours.

File the Item Not As Described claim and get your refund.

You may be able to persuade the seller that he can accept photographs of the item (and packaging!) rather than insisting on return shipping with tracking which would be necessary in a PP or eBay dispute.

You have to be able to show that the seller has the item back (unless he waives that- thus the photographs*) before they will refund you. And no, the return postage (which will start around $40) is not refundable.

*Perhaps you can encourage him to accept the photographs because his post office will be able to consider his insurance claim sooner if they have photos, instead of waiting for the actual item (with packaging) to arrive. Fingers crossed.

[snomobiling]

Thanks for the info. I did contact PayPal right away and they are opening a case and taking it from here. Good info. I appreciate it. 

[snomobiling]

You are right. PayPal said the same thing. It is in their hands now. I appreciate the help. 

[snomobiling]

All the replies were very helpful and right on the money. I appreciate all the helpful information.