Hey Everyone,

I would greatly appreciate your opinions on a little issue that I am debating how to resolve. I typically try and do right by a situation, even when I might be the party at fault, but this one has me wondering.

I am going to keep other name and the sold item name anonymous. A newer board member recently bought an item from me. The item was displayed in a photo, with three other items sold during the same time to other board members, shown without any flaws. My sale price was also exactly half of the cost paid for the item (new) at the beginning of this year. The item was wrapped and padded in a mailing box.

I received an email from the buyer, informing me that the item arrived, but it was damaged in three different spots. So significantly, says Buyer, that it isn't even close to the picture or really fit for display. This sort of blew my mind, as the picture showed a damage-free figure, it was protectively wrapped, and sent through US mail.

Now, the Buyer requests a refund, but I am at odds now because once the item is sold "as is", leaves me, and is accepted, I am not responsible for the damages. Even if I were, I think an item sold at 50% off is already a bargain. Am I wrong? Thoughts? You guys always have good ideas.

Thanks,
FM

Did he send photos of the item & of the damaged shipping container?

I think that if you're not happy with a item you get in the mail, you don't show it off on a message board before contacting the seller, for whatever reasons.
Add to that getting it at half price, you'd have to be pretty picky to complain.

Ask for specific pictures that show the damage, and of the box as received. Then if all that checks out, ask for them to return it prior to refund. If they do that, then also pay the return postage, after you receive it. When all is done, if you still have doubts, make sure that you never sell anything to that member again.

I say no refund. It's not your fault the item arrived damaged.

50$ attorney advice right there !
If he's going to pay the return postage, does he deduct that amount from the refund ?

No refund. I've seen how you package your stuff and kinda wonder how anything would get damaged short of the package being beaten with a baseball bat. When I got here a couple of years ago, I bought a couple toys that never made it to my door. There was an armored Chaosman from one person overseas and an unpainted green Bakobasu from SoCal. Neither of them got to my door. I told the buyers that I never got the packages and that was it. I didn't ask for a refund or anything. One buyer felt bad and decided to send me something out of the goodness of his heart. The other, no reply. I never asked them for anything because I know it's not their fault. I never bought anything from the guy in SoCal again. Why?...because he didn't even have the courtesy to reply to my pm.

Been said, but ask for pictures. I mean you provide pictures of items before purchased, they should provide pictures afterwards.

Thanks everyone. These suggestions and observations are exactly what I was looking for. I appreciate your time and advice!

Always send anthrax or bomb with any item you sell to insure that no one who receives it complains.

Don't forget to insist that when he or she returns it to please add delivery confirmation. PAYPAL is adamant about being able to track stuff especially when a return is involved.

I've received badly scuffed items from people here in the past. Packaging always seemed ok. I've told them items were damaged, but that's pretty much always been the end of it. I don't mind the scuffs so much, especially for half-price items, but appreciate sellers being upfront. Of course, none have adimitted being aware of scuffs beforehand (which was sometimes hard to believe). Again, if they communicate and are sort of established here, no problem. Newcomers... Well you never know. Might be true, might not. DYBBUKIM's suggestion is the best, but it might also be a good idea to mention who received the items, not accusingly, but just so that a red flag pops up for other members if it happens again.

Definately ask for pics of the toy and box as received before anything else happens. As a buyer, I would start taking pics of a damaged order even before I open it and document the process of opening the package. If everything inside is fine, then great, but if it is damaged, then I have some proof to present the seller of it's condition the moment I open it.

I once bought a Nightmare Before Christmas statue (a BIG FIG) and had it shipped. The box was quite damaged when I received it and as soon as I opened it, it was clearly broken. I took pics of the box and the figure as it was inside the packaging. Disney was kind enough to refund the money because there was simply no arguing with the pics. I couldn't get a replacement because it was limited to 200 pieces, but since a broken figure was worthless to them, they let me keep it.

Another time, I paid quite a bit for a framed SHAG print, "The Coolest Ghouls", my wife's and my absolute favorite SHAG print. I received the shipment at my job and as soon as I picked it up, I could hear glass shuffling around inside the box. After the price I paid for the print and shipping with insurance, this guy stuffed a framed print into a box and threw about 4 handfulls of packing peanuts in and called it good. Again, I started taking pics of the "reveal" and was horrified to see the frame broken in 2 places, the glass shattered and sliding around the box and the print. I contacted the seller and the USPS and went to collect on my insurance. USPS paid him the full amount, paid me the full amount and then said that they would need to keep the print . Of course this makes sense, since they basically bought it from me... I asked the clerk what happens with this kind of stuff, she said that it gets sold at a type of garage sale every few years or else it gets thrown away. The print had some scuffs, but I can live with having a damaged print, rather than no print at all, especially since they hardly ever come available and I rarely have the money to pick something like this up. When the clerk saw my grief at the idea of the print being destroyed or basically given away, and explained that this was my wife's Christmas present, she let me keep it ! I repaired the frame, replaced the glass and refmounted it myself. Shag print for $50!!!

I always buy insurance for important purchases.

I would always explicitly suggest shipping insurance, maybe even require it as terms of the sale. That way everyone is covered. Make the receiver aware it is their choice and that if it is damaged in transit, you are in no way responsible. Esp. if you take care to package protectively.