eBay delivery service problem
Discussion
I recently sold an old iPhone on eBay. The phone was working but had a (very slightly) broken screen. I received a decent amount for it and posted it via eBay's Shutl service. The phone went for approximately £100 and when I posted it I was asked if I wanted to pay slightly more as the standard compensation was only £25. I took the option and paid the extra.
Unfortunately the parcel has been lost. It was signed into the local delivery centre and then the national delivery centre, but tracking subsequently stops. I emailed earlier today and they have declared the parcel lost. I have been asked to fill in a form, which I downloaded. The form suggests that they will not pay compensation for certain products and a link is provided. The list, alphabetically ordered, does not mention phones or mobile phones, but I did see on it "items made of or containing glass". I suspect the same list was made available somewhere as a link on the original eBay postage page, or even a link inside another link to T&Cs, but this is the first I have heard of it.
The refusal of compensation is for breakage or loss.
Can they just refuse to pay for loss of certain items? It was packaged. They don't know what was inside. What difference does it make what the item was made of when they have lost the whole package? It's their negligence that has resulted in the loss. The glass was even broken already, I was really shipping iPhone parts.
Is it an unfair term? I sold an iPhone. It was in the phone section. They offered me the delivery service knowing it was a phone (with glass) and they even asked me to pay extra for insurance that could never be used. Surely this is just like PPI mis-selling?
I will put a claim in but expect to be turned down. If so, do I just suck it up or fight it? Would I be likely to win in the small claims court? Fortunately I can afford to lose the money, but it is annoying. I can also afford to gamble by throwing more money at it. I wouldn't want to go silly, but on principle, I am happy to if there is a reasonable chance of winning.
Unfortunately the parcel has been lost. It was signed into the local delivery centre and then the national delivery centre, but tracking subsequently stops. I emailed earlier today and they have declared the parcel lost. I have been asked to fill in a form, which I downloaded. The form suggests that they will not pay compensation for certain products and a link is provided. The list, alphabetically ordered, does not mention phones or mobile phones, but I did see on it "items made of or containing glass". I suspect the same list was made available somewhere as a link on the original eBay postage page, or even a link inside another link to T&Cs, but this is the first I have heard of it.
The refusal of compensation is for breakage or loss.
Can they just refuse to pay for loss of certain items? It was packaged. They don't know what was inside. What difference does it make what the item was made of when they have lost the whole package? It's their negligence that has resulted in the loss. The glass was even broken already, I was really shipping iPhone parts.
Is it an unfair term? I sold an iPhone. It was in the phone section. They offered me the delivery service knowing it was a phone (with glass) and they even asked me to pay extra for insurance that could never be used. Surely this is just like PPI mis-selling?
I will put a claim in but expect to be turned down. If so, do I just suck it up or fight it? Would I be likely to win in the small claims court? Fortunately I can afford to lose the money, but it is annoying. I can also afford to gamble by throwing more money at it. I wouldn't want to go silly, but on principle, I am happy to if there is a reasonable chance of winning.
Well, just to finish this topic off and to give them their dues, despite suggestions to the contrary elsewhere on forums; after filling their claim form in (twice, no response to the first one) they acknowledged it, agreed to it and then transferred the money to my paypal account in short order.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff