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Comments
While this wasn't the seller's fault in the beginning (I assume pics of the set before shipment looked mint), it is now. They can't control what Fedex does in transit, but they can have a say in what happens after it is delivered, especially if it is gashed like you have stated.
You've already tried contacting the seller, and they have been non-responsive. Personally, I would have only given them 4 days to respond, but that just goes to show how impatient I am :o)
Go ahead and open a "not as described" claim on eBay, requesting a full refund. It sounds like you don't want the set considering you paid for mint and received something far from it. Don't waste anymore time waiting on the seller's response, and call eBay. Explain the situation, and the fact that the seller didn't respond to your requests (and that you gave them 2 weeks to do so). Then request that they go ahead and escalate the case. Given the circumstances, they should understand and do so for you no problem. Provide pictures of the packaging (both of the box it was shipped in, and of the item you received) as proof of the damage.
I hope it all works out for you and I'm sorry it all happened in the first place.
Buyer was happy with the resolution and I claimed the cost against the insurance (they paid what I spent for that bricklink order).
Worst case scenario, I would order myself what is damaged from BL, and file a claim for the cost of that order. If the seller is not moving and helping you for the claim with Fedex, I would not hesitate to open a eBay claim to make him react.
Colorado, you won't believe it, but my set was #7946 as well!!!! I do have to consider whether I could "live with" the set as is. I bought it because it was a great deal compared to the going rate for sealed sets, but the price was comparable to most open sets -- meaning it is still a reasonable deal for a set with sealed bags. But it is just not "giftable" and that is what I really wanted. Sigh.
Colorado, I like your idea of hunting around for another box. That is really all I need. Once I get things moving on that front and get the claim in process, hopefully I can get made whole without too much cost to all other parties involved.
Would appreciate some advice from this forum.
Bought a lot of different Lego sets a few weeks and in my view the seller ripped me off. The package was a complete mess when it arrived -just a pile of loose boxes held together with small amount of tape, gaping holes and Lego all loose in side. most of it seems to have got lost in transit or not present in the first place, very few If the minifigs are missing or totally unrelated to the sets sold . The item was sold as havIng no missing peices which clearly isn't the case. I have raised a case indicating item is not as described and want to return for refund but haven't had a response in over a week now from the seller and no progress to resolve. I am thinking of raising to customer services for a decision but not sure if there is a downside to this. I took pictures of the item when it arrived and feel I have a good case. any thoughts from anyone.
cheers
my question is really about how helpful are ebay customer services likely to be when my case hinges on poor packing and mismatch to the description which clearly stated 'no missing peices'. for example the lot contained a passenger plane missing engines, tail fin, wheels, minifigures, exit doors and internal fixings when it arrived.
If you exhaust their procedures without success there are a couple of options available to you, but it really depends on how you paid. If you paid by PayPal and signed for the package then you'll probably be out of luck unless, perhaps, the buyer is registered with eBay as a Business Seller and you're willing to take them to the Small Claims Court.
You could also speak to your Credit Card company if you paid with a Credit Card. They may agree to reverse the payment, however if you paid via PayPal I wouldn't recommend this. PayPal like to think that normal consumer protection laws don't apply to financial transactions made through them and will try and retrieve the money from you and/or block you using your account.
eBay is so geared up towards being in favour of buyers that I rarely sell on there anymore.
I am not suggesting that you have done this but imagine the seller sent a perfectly packaged set to you. You open, tear and destroy said package in turn removing what you wish to keep. You then take pictures, report the buyer and open a case. I'd bet that 99/100 you'd get your money back. Wether the seller gets charged, a courier is blamed or eBay swallows the loss, it is all detrimental to the system and causes fees/courier rated to rise.
Rant over...
Escalate the case, reply as soon as you can to all correspondence and you will get a refund.
I don't know why Paypal has such a strict time limit, it's counter-productive because it encourages people to file a claim before they've exhausted simply waiting for a missing package or via discussion with the seller but there you go. If you want the best chance then Paypal before dispute resolution timer runs out is your best bet.
What precisely were you buying?
But ebay read all the correspondence in the dispute and then you get 2000 words to state your case if you are the one who sends it to be resolved by ebay.
But i'd check the ebay rules, precisely how was it described, was it second hand? They have specific guidelines on how things should be, for example the fact the box is a little manky might not be enough.
The downside is that the decision is final, but I don't really see what you have to lose, if the seller ignores all correspondence (especially in the resolution centre) then you'll probably be fine. You're not getting your money back any other way.
I know am coming across as naive - I have used ebay on and off for about ten years and never referred anything to customer services in that time - admittedly I have not bought that much until recently and now mainly Lego.
@jockosjungle I have nothing to hide but because the dispute is live I have tried to keep the specific item out of the thread. It was a lot of Lego items described as complete- no more, no less. When they arrived they were so badly packaged that some of the pieces were missing. I firmly believe the seller has not taken due care in sending it, which I appreciate you are only taking my word for it but it is difficult to give both sides of the story here and I am now getting the runaround from the seller claiming it was damaged in the post. I might be naive but there is simply no way this was damaged in the post - it is just not possible based on the way the package was put together - consisting of loose cardboard boxes held together with small amounts of tape and gaping holes.The lego was loose inside the 'box'
@joel4motion - I am sure that scenario happens, your rant is justified and appreciate now that ebay seems firmly on the buyers side.
The way forward seems clear and there is no other way I am getting my money back otherwise.
Mods - Please close the thread.
Yes always raise a dispute formally pretty fast, brother in law bought a boiler that went missing, £500, the guy was being dead good about it going missing, just dragging it out until he couldn't make a claim and then he heard nothing more.
http://www.ecommercebytes.com/cab/abn/y13/m10/i17/s01
I tried to see the items that the feedback was for but couldn't. I could at least see details of the accounts that left the feedback and there was a lot of cheap ($0.5 - $3) items being sold.
Just another way for eBay to help out the scammers.
What I can foresee with my particular observation now is people who buy cheap, sell expensive on the same account, and most buyers wouldn't be able to pick up facts like this anymore as the item descriptions from the sellers feedback history as a buyer would not show up. This would obviously be an advantage to some sellers who would probably not like to disclose the price they bought the items they're reselling to the bidders and buyers.
My two cents anyway on the whole matter.