Damaged goods in post

[crankedup]

Recently purchased a pair of aluminium car door fixings through an internet auction site. The items are then posted to me using an international courier service. All good so far.

The items are left hidden in our front garden with a note from the courier as to where they are. Fine so far.

Unfortunately, and dispite a warning on the packaging 'do not bend' the items are received damaged, being bent quite badly.
I photographed the packing and items and emailed the seller advising the situation
The seller asked me to repackage and send them back, seller Sen me a delivery bar coded returns label. The same courier that delivered collected the goods from me.

Apparently the goods did not arrive back to the seller, I was asked did I sign for the collection? I wasn't asked to nor did I.

The seller refuses to send back my money paid and will not send me a replacement. They say that until their investigations with the courier are complete they cannot refund, (their company policy and auction site rules) So I am left out of pocket and no goods.
This must come under consumer rights I would have thought, can I demand my money back?
It's been longer than ten days and I don't particularly want to lose out on this problem. Thanks for any advise.

[davepoth]

Paypal refund?

[A500leroy]

Read the terms and conditions of said auction site as auctions do not need to run the sales of goods act as they are not in the retail segment.

The auction site I work at clearly state all goods are sold not fit for any purpose and any delivery via courier is at the buyers risk.

You may be able to claim from the courier if you can prove they damaged the goods.

[crankedup]

A500leroy said:

Read the terms and conditions of said auction site as auctions do not need to run the sales of goods act as they are not in the retail segment.

The auction site I work at clearly state all goods are sold not fit for any purpose and any delivery via courier is at the buyers risk.

You may be able to claim from the courier if you can prove they damaged the goods.

Thanks for replies.
Davepoth : the seller tells me that PayPal have frozen the money in an account.

Although I purchased the items via the internet auction site the items were a buy it now and not being auctioned. I am thinking about using the 'distance selling' legislation in order I can be refunded, hopefully it won't come to that.

[Nickyboy]

If the seller sent you a barcoded returns label, this will have a tracking number on it so you can track it with the courier. It's irrelevant whether you signed for the collection or not, you have a tracking number, so does the seller. If it was collected then it will show on the tracking.

[crankedup]

Nickyboy said:

If the seller sent you a barcoded returns label, this will have a tracking number on it so you can track it with the courier. It's irrelevant whether you signed for the collection or not, you have a tracking number, so does the seller. If it was collected then it will show on the tracking.

Thanks for that, I was a bit concerned over the collection signing thing, the label did have a bar code. I have to determine when is a reasonable time passed before I begin my action for refund.

[TooLateForAName]

do you know what the bar code was?

[crankedup]

TooLateForAName said:

do you know what the bar code was?

I have a photograph of it and the auction site have listed it in my 'private' section. I cannot seem to trace the package. Using the tracking number I see that the courier is investigating a lost package, that message was on the 12/12/16.

Edited by crankedup on Sunday 18th December 17:38

[TooLateForAName]

OK - but the courier firm admit having it?

In that case the vendor should refund - they paid for and arranged the collection and they know the collection has happened. It is up to them to refund you and then deal with the courier for compensation, exactly as would be the case if the package had been lost on its way to you.

[Nickyboy]

TooLateForAName said:

OK - but the courier firm admit having it?

In that case the vendor should refund - they paid for and arranged the collection and they know the collection has happened. It is up to them to refund you and then deal with the courier for compensation, exactly as would be the case if the package had been lost on its way to you.

This

They wouldn't instigate an investigation if there was no record of it being collected.

Can you put up a pic of the label?

[Mr Overheads]

crankedup said:

TooLateForAName said:

do you know what the bar code was?

I have a photograph of it and the auction site have listed it in my 'private' section. I cannot seem to trace the package. Using the tracking number I see that the courier is investigating a lost package, that message was on the 12/12/16.

Edited by crankedup on Sunday 18th December 17:38

Have you called the courier yourself?

[crankedup]

TooLateForAName said:

OK - but the courier firm admit having it?

In that case the vendor should refund - they paid for and arranged the collection and they know the collection has happened. It is up to them to refund you and then deal with the courier for compensation, exactly as would be the case if the package had been lost on its way to you.

Thanks for reply, the vendor tells me that they have not received back the item. They have set up an investigation with the courier company and until that concludes I cannot have my refund. This seems wrong to me.

I do not yet know if the courier company admit to receiving the item from me.

Edited by crankedup on Monday 19th December 10:57

[crankedup]

Item delivered in this condition although as you can see I did open the package. They are aluminium car door cover strips.

[4x4Tyke]

crankedup said:

This seems wrong to me.

It is wrong. Any investigation into the damage in transit is complete separate dispute between the courier and supplier. It has no impact on regulations regarding distance selling. Their T&C cannot trump the law. So tell them you want an immediate refund or you will issue a charge back.

http://www.which.co.uk/consumer-rights/advice/can-...

The way they are trying it on, my guess is they are trying to string it out past the 14 days, any reason rejection period and claim you did not comply.

Edited by 4x4Tyke on Monday 19th December 11:45

[essayer]

Keep on at UPS until they find it, it will be sat in a a warehouse somewhere 'lost'.

[Spangles]

You say an international courier company? Was the item from abroad? Doesn't that mean most of our laws are irrelevant?

[Simpo Two]

crankedup said:

Item delivered in this condition although as you can see I did open the package. They are aluminium car door cover strips.

I think they should have strapped them to a batten of wood - an item like that is asking to get bent.

[crankedup]

Spangles said:

You say an international courier company? Was the item from abroad? Doesn't that mean most of our laws are irrelevant?

The courier is UPS and the item came from Lincolnshire to my home.

[crankedup]

Simpo Two said:

I think they should have strapped them to a batten of wood - an item like that is asking to get bent.

Absolutely, I expected the package to be sandwiched with a couple of strips of ply top and bottom at least. Very poor and a crazy way to send out goods of this nature so packed.

The vendor, who I again emailed today, is insistent that my refund cannot be released until UPS conclude their investigation into the whereabouts of the package. The vendor also again states that the internet auction site (yes that one) and themselves both have policies that state refunds cannot be issued until faulty goods are received back. My cash is locked into PayPay. I mention in my email to them that their company policy does not supersede distance selling regulations, but I will remain patient for a few more days.
What a complete PITA this all is.

[spikeyhead]

crankedup said:

Simpo Two said:

I think they should have strapped them to a batten of wood - an item like that is asking to get bent.

Absolutely, I expected the package to be sandwiched with a couple of strips of ply top and bottom at least. Very poor and a crazy way to send out goods of this nature so packed.

The vendor, who I again emailed today, is insistent that my refund cannot be released until UPS conclude their investigation into the whereabouts of the package. The vendor also again states that the internet auction site (yes that one) and themselves both have policies that state refunds cannot be issued until faulty goods are received back. My cash is locked into PayPay. I mention in my email to them that their company policy does not supersede distance selling regulations, but I will remain patient for a few more days.
What a complete PITA this all is.

Request the refund through the ebay rejection process.

There is a long number starting with 1Z in the middle of your label which you can track the progress via UPS parcel tracking service.

So long as it has been collected then it will be showing on the tracker, put a link to that in your rejection request and ebay will come down on your side.