Seller wants me to wait for insurance claim!

[mpit7628]

Hello everyone.  I was recently here on the discussion forum asking for advice on dealing with a seller who sent me a clock that was not as described and now I found myself dealing with another seller who appears to be putting me off.  I'm not sure though and so I have been researching the situation with not a lot of luck.  The best advice is here on this forum so here goes.  I purchased a antique Mahjong game, wooden box and all for a tidy bit of money.  It arrived and I noticed the box it was packaged in had a gash in the  side.  I opened up the packaging and the wood trim on the back of the box had been bashed in on both sides and was crumbling off.  I took pictures and sent them off to the seller.  The box was not packed well.  It was completely wrapped with saran wrap and put into a  cardboard box and shipped.  The seller originally asked to have the item shipped back but then sent a message asking if I would agree to a $50.00 refund because they understood how shipping this item back is a hassle for me.  I agreed to the refund but they are now asking me to wait a few weeks for the insurance  claim to go through.  I have read that it takes upwards of 21 for a claim when a item is not received and only a few days when it comes to damages in shipment.  I have also read that U.S.P.S. would want the item and all original packaging  and all paper work from the transaction presented to them for proof of damage. According to the listing  the item was sent with insurance   If I wait like this seller wants me to  this may very well take me past the allowable time that eBay gives me to file any claim  against them.  Any advice on this matter would be greatly appreciated.  Have a great day folks!

[xeposter]

You can open up an item not as described claim with the Money Back Guarantee: http://pages.ebay.ca/ebay-money-back-guarantee/.

Alex

[femmefan1946]

Should we assume the seller is in the USA and you are in Canada?

The seller cannot send you a return shipping label unless you are both in the same country.

So.

Opening a Item Not As Described (damaged in shipping) claim would have eBay telling the seller to send you a return shipping label.

And again he CANNOT do that because you are not in the USA.

So his willingness to settle is compromised, he loses the case and you get to keep the damaged and unwanted item and get your payment refunded.

Which would not be just.

Or you could open your claim with Paypal which does not require the seller to provide return shipping.

You return the item on your own dime, for a refund of your original payment but not the return shipping.

Which also is not just, since you did nothing wrong.

The seller's offer of $50 rebate seems reasonable to me. His wish to hold that up for an insurance settlement less so.

My best suggestion is that you put a deadline on his $50 offer. Perhaps 10 days?

That should be enough time for his other sources of income, whatever they may be,  to give him the means to refund you, without footdragging.

The pictures you provided should be enough for the insurance claim. Fingers crossed. But the claim has nothing to do with your needs.

It is probably unnecessary to say that you have eBay, PP, and possibly your credit card's chargeback policy to back up your request for a refund.