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Who damaged the modular box? UPS or Seller?

I recently forked over a mint for CC and MP. The pictures in the auction showed an untaped box. When it arrived, the corners of the box and the lids were taped shut with packing tape. Seller claims UPS did it without their knowledge.
I know it seems a bit eccentric, but I bought a set with untaped boxes...
What do I do since the seller is blaming UPS?

Comments

  • TheLoneTensorTheLoneTensor MericaMember Posts: 3,950
    edited March 2013
    It's the seller's onus to get it to you as stated. If that didn't happen, regardless of the reason, it's their responsibility, not yours, so confront them about it objectively and escalate as necessary.

    And no, there's no way UPS taped up anything inside the packing box "without their knowledge."
  • RennyRenny USAMember Posts: 1,136
    edited March 2013
    So the seller is claiming that UPS opened the shipping box, opened the Cafe Corner and Market Street boxes and then taped everything up again? I've never had that happen or even heard of it. Sounds extremely fishy to me. I'm assuming the sets were sent with insurance? (You would be crazy to ship those 2 sets without it). If so, file for a refund from the seller and have him work with UPS to get money back with the insurance claim.

    I have a feeling he/she won't claim anything with UPS as that was how they were initially shipped and bogus images were used in the auction.
  • mooman66mooman66 Member Posts: 122
    The seller claims they took the two sets to the UPS store with only a piece of scotch tape sealing the box. A UPS store employee allegedly built a large cardboard box and floated the sets in peanuts and sealed up the box. What I didn't mention is there is now a puncture in the box which is definitely not in the pictures.

    I am frustrated, because the sets are in awesome shape and I think I got a decent price, better then BL for the sets and many other ebay auctions if bought separately, even sets that don't have boxes. I don't know if I'll get that kind of "deal" again. A return could screw me, too.

    I think I'll go the partial refund/insurance route. Maybe with the refund I can buy a "new" box from BL. NUTS!!!!
  • y2joshy2josh Member Posts: 2,002
    edited March 2013
    Were these sealed and the tape was applied for apparently no reason? Or were the boxes open and the tape was holding them shut? If he just dropped them off for UPS to pack themselves, it's very possible they taped the boxes shut if they thought they might come open in transit.

    That said, whether UPS did it or not, it's the seller's responsibility to get the item to you in the condition described. He may need to take it up with UPS as a result, but that's between the seller and UPS. Your role should only be to send it back so he can deal with it. If he wants to fight you on this, you're going to have to open an 'item significantly not as described' claim through eBay or PayPal.

    EDIT: Reading what you just posted, it's not out of the realm of possibility that UPS applied the tape themselves. I find them to be a notoriously bad carrier and try to avoid them if at all possible.

    That said, it sounds like the seller DID know that they taped up the boxes? Which seems to contradict the "I had no idea" attitude that was displayed to begin with.
  • mooman66mooman66 Member Posts: 122
    He put the legos in ziploc bags, put the bags and instructions in the original box and then sealed the original box with a piece of scotch tape. Then they dropped the original boxes off for UPS to package in a bigger box.
    It seems like the seller might be open for filing a claim. He says he paid 98 bucks to pack and ship. Jeez, it was only 4 states away...
  • y2joshy2josh Member Posts: 2,002
    He likely let UPS pack them for him if he paid that much. But again, he shouldn't have trusted UPS to pack up such expensive items, so it still falls back on him at the end of the day.
  • mooman66mooman66 Member Posts: 122
    So he's willing to let me shop for boxes on BL and use those for value on the insurance claim.
    Has anyone filed a claim before? What do I need other than pictures of the taped and punctured boxes?
  • ColoradoBricksColoradoBricks Denver, CO, USAMember Posts: 1,640
    once I had #7946 shipped with USPS, box got soaked along the way and so were the LEGO box and instructions. I bought a new box and instructions on bricklink and had it send to the buyer, then I settled my claim with the insurance. It might be easier for the seller to take care of it, so you are not out any more money if the insurance does not pay...
    Buyer only had to provide me with pictures and had to fill an affidavit with the insurance company that he was not trying to scam anyone.
    On a side note, after all submissions, etc, I got my money back less than 48h after the claim was open, I was quite impressed.
  • RennyRenny USAMember Posts: 1,136
    Geez, $98 seriously? I just shipped 21 pounds of Lego in a massive box Priority through USPS with insurance and signature confirmation for $35. It's nice to see though that he is working with you to correct the issue.
  • LegoFanTexasLegoFanTexas TexasMember Posts: 8,409
    ^ This is why you never use the UPS Store to ship anything. You can create a UPS account online for free, print the label at home, then drop the box off at the UPS Store. The prices they charge for packing services are just insane. Maybe they have to given their overhead and volume, but it is still nuts.
  • CrowkillersCrowkillers Member Posts: 757
    edited March 2013
    It's the seller's responsibility to package or make sure that the item is packaged properly, don't let them try and B.S. you.. File a claim with Paypal...

    $98 is crazy talk as well.. I shipped 3 brand new sets to Japan(Large sets) a couple years ago for $60...

    My wife got ripped at a UPS store ONCE.. They charged her $50 or $60 to ship 3 sets from Here(Pa) to Texas, and she already had everything packed up herself..
  • mooman66mooman66 Member Posts: 122
    I was able to file a claim through UPS. BL only has one of each box listed at $150ish a piece, so I used that for replacement cost. They are sending someone out to look. If that fails, I'll go Paypal/Ebay claim route.
  • 12651265 Member Posts: 940
    edited March 2013
    ^^ $150!!!! Video the reps reaction when you tell him the box cost. No way they pay that. These were used sets, correct? What did they cost you?
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