eBay advice needed
Author
Discussion

Rob S

Original Poster:

643 posts

229 months

Friday 23rd July 2010
quotequote all
First off, please move this if there is somewhere more suitable - I couldn't readily see anywhere particular.

OK so I just bought a limited edition bass guitar from eBay, described as:

"Here we have a wonderful Epiphone Custom Shop Thunderbird bass in a limited Edition Alpine White. Many people call it Arctic white, its alpine white http://www.epiphone.com/news.asp?NewsID=215

These are becoming quite sought after now and you'd find it incredibly hard to find one in this condition and at such a great price. Most online shops don't even stock them anymore. If you can find a brand new one in a shop, I'd be very surprised.

This bass has literally been played once or twice and is in IMMACULATE condition with no scratches or dings. It also comes with a strong hardcase, strap and stand which has been customised to fit the thunderbird shape.

The bass is fast with low action and has no fretwear whatsoever. The pickups sound fantastic swell. True Thunderbird tone. grab yourself a bargain as you will be waiting round a hell of a long time to find another like this at this brilliant price."

I paid what I'd consider to be a premium to acquire an immaculate, as new, bass as I have been after one of these for some time now. The item turned up yesterday, in its case with a shedload of bubble wrap around the outside of the case. Great, I thought! I opened it up and was slightly concerned as there was no wrapping around the guitar itself (I had heard it move as I picked up the case to unwrap it and was immediately concerned) but sure enough, the bass looked as described, to the point that it even has some of the original shrink wrapping applied during manufacture still on the tuning pegs and electrical cover!

However, when I then turned the bass over I was shocked to see that it had clearly had some impact during transit as there is a whacking great dent and some of the wood has chipped off frown

Now obviously I've contacted the seller who was very apologetic, asked for photos and immediately offered financial aid of some sort. I'm going to take the guitar to a local music shop and have them assess the damage but after that I'm not really sure where I stand. Assuming it can be fixed is the seller liable to pay for the cost as this is likely to be at least 25%-50% of the amount I paid, at a minimum? If it can't be fixed then what next, other than returning it and getting a full refund?

Save Ferris

2,738 posts

244 months

Friday 23rd July 2010
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Shouldn't you be claiming from the courier involved? I'd have thought it would have been their liability.

Rob S

Original Poster:

643 posts

229 months

Friday 23rd July 2010
quotequote all
He did say that he paid for extra insurance so yeah he may be able to. However, if I was the courier I'd be saying why wasn't it wrapped properly inside but I'm not sure how it works tbh!

Ian_sUK

735 posts

211 months

Friday 23rd July 2010
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A mate had exactly the same thing but was the seller and the guitar was virtually destroyed while still being very well packed. He took photos of the packaging before sending and used these as proof to claim off the courier.

mrmr96

13,736 posts

235 months

Friday 23rd July 2010
quotequote all
Ian_sUK said:
A mate had exactly the same thing but was the seller and the guitar was virtually destroyed while still being very well packed. He took photos of the packaging before sending and used
these as proof to claim off the courier.
If it was sensibly wrapped and yet the courier damaged it then it's up to the courier to make it good.

AndrewTait

1,849 posts

225 months

Friday 23rd July 2010
quotequote all
Firstly - IANAL

Wouldn't the claim go from the seller to the courier, as presumably the courier was employed by the seller.

911motorsport

7,251 posts

264 months

Friday 23rd July 2010
quotequote all
I think it's up to you to claim from the courier. The carriage was part of your purchase arrangement with the seller, i.e. the contract is between you and the carrier. Did the seller offer a collection option? as this could also affect any subsequent claim.

King Herald

23,501 posts

247 months

Friday 23rd July 2010
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mrmr96 said:
Ian_sUK said:
A mate had exactly the same thing but was the seller and the guitar was virtually destroyed while still being very well packed. He took photos of the packaging before sending and used
these as proof to claim off the courier.
If it was sensibly wrapped and yet the courier damaged it then it's up to the courier to make it good.
It sounds like an idiot wrapped it though, with bubble wrap outside the box, yet nothing to protect the guitar inside from bouncing around.

mrmr96

13,736 posts

235 months

Friday 23rd July 2010
quotequote all
King Herald said:
mrmr96 said:
Ian_sUK said:
A mate had exactly the same thing but was the seller and the guitar was virtually destroyed while still being very well packed. He took photos of the packaging before sending and used
these as proof to claim off the courier.
If it was sensibly wrapped and yet the courier damaged it then it's up to the courier to make it good.
It sounds like an idiot wrapped it though, with bubble wrap outside the box, yet nothing to protect the guitar inside from bouncing around.
Fair point, I missed the bit about it not having anything holding the guitate 'snug' in the case.

marshalla

15,902 posts

232 months

Friday 23rd July 2010
quotequote all
911motorsport said:
I think it's up to you to claim from the courier. The carriage was part of your purchase arrangement with the seller, i.e. the contract is between you and the carrier. Did the seller offer a collection option? as this could also affect any subsequent claim.
Only if the buyer engaged the courier directly. Usually the contract is between the seller and the courier so it's up to the seller to sort it out.

paoloh

8,617 posts

235 months

Friday 23rd July 2010
quotequote all
Your claim is against the SELLER.

He can then claim against the courier.

Rob S

Original Poster:

643 posts

229 months

Friday 23rd July 2010
quotequote all
Well I popped down to a local well respected music shop (Hogans in Newbury for anyone who knopws it) and it sounds like its a no go tbh. Can be repaired and repainted but will always be there but to repair and respray to the length that its as if it never existed is not likely dude to being uneconomical frown Sounds like a refund jobby - the seller has offered me that option but i do feel dreadful for them as they will be significantly out of pocket for p&p let alone a £350 bass guitar being next to worthless now frown

All for the sake of a £1 piece of bubble wrap/sellophane wrap around the bass itself frown

In terms of courier i was goign to say, he engaged them and paid them so surely that would be his onus to chase the courier company for compo?

Rob S

Original Poster:

643 posts

229 months

Friday 23rd July 2010
quotequote all
King Herald said:
mrmr96 said:
Ian_sUK said:
A mate had exactly the same thing but was the seller and the guitar was virtually destroyed while still being very well packed. He took photos of the packaging before sending and used
these as proof to claim off the courier.
If it was sensibly wrapped and yet the courier damaged it then it's up to the courier to make it good.
It sounds like an idiot wrapped it though, with bubble wrap outside the box, yet nothing to protect the guitar inside from bouncing around.
I bought a £400 Sheraton from GAK a few years back and it came in a fairly flimsy cardboard packaging with a single sheet of sellophane wrapped around it so it fitted snuggly in the box - not a scratch on it. I do not for the life of me understand why they put a huge amount of bubble wrap around the outside of the hardcase (one layer would ahve done if any tbh!) yet not even a single piece for additional safety inside.

A very rare item ruined forever frown

mrmr96

13,736 posts

235 months

Friday 23rd July 2010
quotequote all
paoloh said:
Your claim is against the SELLER.

He can then claim against the courier.
What makes you say that?

paoloh

8,617 posts

235 months

Friday 23rd July 2010
quotequote all
mrmr96 said:
paoloh said:
Your claim is against the SELLER.

He can then claim against the courier.
What makes you say that?
The contract is between seller and the buyer for the goods.

The contract for delivery is between seller and courier.

Seller is responsible for safe delivery of goods to buyer.

jhfozzy

1,345 posts

221 months

Friday 23rd July 2010
quotequote all
paoloh said:
mrmr96 said:
paoloh said:
Your claim is against the SELLER.

He can then claim against the courier.
What makes you say that?
The contract is between seller and the buyer for the goods.

The contract for delivery is between seller and courier.

Seller is responsible for safe delivery of goods to buyer.
+1 for a quicker typer than me.

wibble cb

4,173 posts

238 months

Friday 23rd July 2010
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just recently used ebay to purchase a piece of bakelite trim for my car, it arrived in 10 pieces, due to being wrapped in newspaper (why not bubblewrap??)....thankfully the seller was more than fair and refunded me, was still a shame though, as I still need the part !!

ridds

8,372 posts

275 months

Friday 23rd July 2010
quotequote all
Full refund, send it back. Let the seller sort it with the courier.

Next time he'll learn to wrap things better.