Purchased something from store overseas, received damaged - who's at fault?

[bawlin]

A couple of weeks ago, I purchased a pair of denim from a store in Australia. The seller shipped the denim in a plastic shipping bag that you buy from the post office. The denim was stuffed into the bag and I guess en route to me, somehow the package was damaged and as result, the jeans have two nasty rips along the hem on the knee. I know the denim was damaged in transit because Canada Post repackaged the original package in their own plastic bag with a note saying "This item was received damaged blah blah blah". I looked on the shipping slip and the seller listed the value as $65 AUD (I paid $195 AUD). I never once asked for the seller to lower the amount on the slip, I simply asked him to mark the item as a gift for customs. I have all the documentation (emails), as well as my invoice which shows that I paid $195. I should also note that I paid with Paypal. Should I file a dispute with them?

I just got off the phone with Canada Post, and they told me I need to get in touch with the seller. This is where I start to get a bit nervous. First, I have to correspond with someone in Australia. The time difference alone makes this painful, not to mention it's going to cost me an arm and a leg to call them via phone. Also, the fact that they marked the item as $65 worries me because should they file a claim, they will only be reimbursed that amount.

What's the normal course of action for something like this? Has this ever happened to anyone? The jeans are ruined, plain and simple. I've already contacted the seller, but it's like 4am over there so I'm not expecting a response until this evening. I asked for a full refund, but is it unreasonable of me to ask to be reimbursed for the $50 or whatever it's going to cost me to send the item back?

Obviously, I'm not going to name the store or anything like that until I hear back from them, but I just want your thoughts on what I should be doing? I've never had anything like this happen to me in all the years that I've purchased stuff online, so I'm a bit baffled to say the least.

Thanks!

 

[Pablo-T]

DId you use your credit card with PayPal? If so, contact your credit card issuer and send them all the documentaiton. Depending on who they are, and where you are, they can be very supportive,.

THe other alternaitve would be to contact PayPal; they claim only to offer protection on eBay auctions (obviously this is so eBay, their owner, can keep their monopolistic position) so that's a trickier route.

THe normal issue here would be wehter you asked them to insure the item. However, as the damage was caused by inadequate packaging, the parcel would almost certainly not be covered by insurance in any case.

All that said, the first thing to do is contact the seller. SHock horror, you might find out they're reasonable people.

 

[kiya]

Who in god's name ships $300 jeans in a plastic bag?

 

[robin]

^ Not sure, but not declaring the full value for customs is also dumb. Insurance will only cover that much.

The jeans aren't ruined. Just patch them up and move on with your life.

 

[allcapitan]

I would ask for a refund. Plus, I'd politely ask for return shipping costs, since they'll probably ask for a return. Depending upon how eager they are to make you happy, I would consider a replacement order.

Try using a professional sounding email using just your name instead of a "social" email address, or else they may think that you are just as dodgy as you suspect they are!

 

[sho'nuff]

Originally Posted by robin

The jeans aren't ruined. Just patch them up and move on with your life.

let say you paid 200 dollars for a pair of jeans and they came that way. would you simply take this advice of yours?

 

[robin]

Originally Posted by sho'nuff

let say you paid 200 dollars for a pair of jeans and they came that way. would you simply take this advice of yours?
In this situation yes.

 

[spreadcollar]

Paypal probably won't do anything for you because you received the item -- Paypal essentially only awards claims for the non-receipt of a good in certain circumstances. What kind of bag was it sent in -- something like a tyvec sleeve? Inappropriate packaging = seller's fault, you should get a full refund, and, if they want it sent back, you should not pay return shipping. Reasonable packaging that happened to get damaged in international transit for which you didn't buy insurance = less the seller's fault, a danger of buying something internationally, and something that should be in the back of your head when making the purchase. (Sometimes s*goes pear shaped.) At any rate, email the seller with the facts. If the answer isn't satisfactory to you, call them. If that doesn't work, did you pay with paypal funded by your credit card? If so, then file a dispute with your credit card company.

 

[bawlin]

Originally Posted by robin

The jeans aren't ruined. Just patch them up and move on with your life.

I paid for a brand new pair of jeans, I received a wrecked pair. Not going to follow your advice. How would you feel if you bought a new BMW only to find out it was totaled in transit? Would you just take it and move on with your life? Didn't think so.

Anyways, we'll see what happens. I paid with existing funds in my Paypal, but if things go sour with the seller, I will file a complaint seeing as I have full documentation of everything including a sales receipt that was scanned and PDF'd to me. Also, I was never once offered insurance. I paid close to $60 for the fastest shipping method they offer in Australia so pardon me if I assumed that insurance would be included. But even so, the genius' over there only marked the item at $65 so...

And yes, it was shipped in one of those plasticy tyvek sleeves. I assumed Imperial jeans came in a box.

I'll let you know what happens.

 

[sho'nuff]

Originally Posted by spreadcollar

Paypal probably won't do anything for you because you received the item -- Paypal essentially only awards claims for the non-receipt of a good in certain circumstances. What kind of bag was it sent in -- something like a tyvec sleeve? Inappropriate packaging = seller's fault, you should get a full refund, and, if they want it sent back, you should not pay return shipping. Reasonable packaging that happened to get damaged in international transit for which you didn't buy insurance = less the seller's fault, a danger of buying something internationally, and something that should be in the back of your head when making the purchase. (Sometimes s*goes pear shaped.) At any rate, email the seller with the facts. If the answer isn't satisfactory to you, call them. If that doesn't work, did you pay with paypal funded by your credit card? If so, then file a dispute with your credit card company.

paypal also awards claims on 'not as described' which in this case, it would probably fall under.

 

[bawlin]

 

[brad-t]

knowing canada post, this was intentional

 

[Oxnard]

I still cant believe that they would send a $300 pair of Imperials internationally in a ******* bag instead of a box. They didn't package it properly so the fact that it got damaged in transit really lies the blame with the seller, they should either ship you out a new pair or just give you a full refund if thats what you want, but either way they should pay for return shipping. International shipments go through many hubs and stations and overall take a long time for delivery, I can't imagine how they could have thought that putting it in a bag would fully protect the item during its course of delivery. If you contact the seller and they don't oblige with you then you need to file a claim immediately with your credit card company, paypal, or whoever.

 

[bawlin]

The seller just contacted me: Could I please get some images of the packaging? Perhaps it was US Customs cutting into the packaging as they look to me, fromt he images like pretty clean cuts. What day did the jeans arrive? Now I can completely understand your frustration and anger. But please understand on my behalf, the denim was shipped immediately and in 100% UNWORN Condition. The denim was folded in a perfect manner and placed into a protective envelope. I have shipped over 90 pairs of imperials and I have had nothing but complete praise. I await your reply with included images of the packaging so I can track down if the damage was done via the Courier or Customs. To which I replied, and he just emailed back with this: I have spoken to Australia Post and Canada Post. They have informed me that they will give you a complete refund if the package has been damaged by them. All you have to do is take the pants and the packaging into any local Post Office and ask for a damage report. Please take in your PayPal Receipt when you take in the denim/packaging and they will make sure you are looked after. This is in no way your fault and I am extremely disappointed in the product. If this does turn out to be Australia Post's fault I will no longer use them as a shipping company - ever again. You have nothing to worry about if the package has been damaged by Canada post they are completely liable and you will get a COMPLETE Refund. Please understand I offer the best service and product I can and this is a freak problem on behalf of, what it seems to me, Canada Post. Weird thing is when I called Canada Post this morning, they told me to get the seller to contact Australia Post. I just know this is going to be a nightmare...

 

[bohn]

I live in Australia and even I know not to buy from here