Ebay problem - what should I do?

I bought a pair of cufflinks on ebay and when they arrived, the back of one was loose/broken. Note that nowhere on the listing is insurance offered and the bill didn't include a provision to choose it.

I asked her if the item was like this prior to shipping and she said no and she sent it packed well (it was sent in a paper envelope, and although wrapped in bubble wrap, paper envelopes are not exactly the best packaging).

I then asked her for a refund and she did not reply.

I then filed a paypal dispute saying: "The back of the cufflink was broken. Seller says the cufflink may have been damaged in shipping but I have not heard from them when asking for a solution to the problem. Thank you."

She wrote back: "Please take them to the post office to file a claim. As stated in my Auction about me fine print page, any item that insurance has not been purchased for I am not responcible for any damages done in the mailing process."

What the heck should I do? I don't even know what the "about me fine print page" is.
Am I the one that should file a claim with the post office or the sender?
Can you even file a claim if no insurance was purchased?

Thanks guys.

This always sucks, but how expensive were they? Cufflinks can vary greatly in price so, you may want to judge if they're worth the time/effort (they very may well be).

I don't see how it's possible to file claims for things that didn't have insurance unless the method of shipment has it automatically built in... Otherwise, they would be no point in paying more for the insurance.

Toss it and forget about it. Your only bet is to use chargeback. I put zero dollars in my paypal account, and instead store all my money in my bank. So all my paypal transfers have to be withdrawn from my bank account prior to any fund transfer. I do this because in the rare occasions that these things happen, my CC will always be able to redeposit paid funds and paypal will then have to resolve the dispute and try to get the funds back if the seller is in the right. Paypal does nothing in cases like this and you have to rely on your CC company. Sellers do not always cooperate. Use chargeback...it's the slowest way, but in the scheme of things, provides the least headache in getting your money back. I hope this is not karma for living a wretched and irresponsible life.

Originally Posted by haganah

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I bought a pair of cufflinks on ebay and when they arrived, the back of one was loose/broken. Note that nowhere on the listing is insurance offered and the bill didn't include a provision to choose it. I asked her if the item was like this prior to shipping and she said no and she sent it packed well (it was sent in a paper envelope, and although wrapped in bubble wrap, paper envelopes are not exactly the best packaging). I then asked her for a refund and she did not reply. I then filed a paypal dispute saying: "The back of the cufflink was broken. Seller says the cufflink may have been damaged in shipping but I have not heard from them when asking for a solution to the problem. Thank you." She wrote back: "Please take them to the post office to file a claim. As stated in my Auction about me fine print page, any item that insurance has not been purchased for I am not responcible for any damages done in the mailing process." What the heck should I do? I don't even know what the "about me fine print page" is. Am I the one that should file a claim with the post office or the sender? Can you even file a claim if no insurance was purchased? Thanks guys.

First off, you can't file an insurance claim if there was no insurance purchased. The post office has nothing to do with this issue.

Second, continue with the paypal dispute. Follow up promptly. Paypal will probably side with you.

If they don't side with you, on that day that they tell you that, file a credit card dispute. Your credit card dispute should be against paypal.

It sounds like you are in the right. Putting cufflinks in a paper envelope doesn't sound like the item was securely packaged.

I don't think the post office will have anything to do with the problem since the package wasn't insured.

Has Paypal replied to the dispute? Did you pay with a credit card? CC should offer some protection.

Nothing mentioned about insurance on the auction page? She can put whatever she wants on whatever random webpage, but it doesn't mean it applies to the auction.

You should expect a refund IMO.

I'd suggest one chance to refund the money, or part of it, otherwise negative feedback.

Hopefully they might be able to be fixed.

don't close that dispute

seller is completely responsible for making sure the item is received by you in as-described condition. The liability is not on you, as buyer, to purchase insurance to make sure that happens or to be able to receive compensation should it not happen. No amount of statements to the contrary in the ebay auction can make it so.

Escalate the paypal complaint after the required amount of time and make sure to answer all questions paypal asks. They will end up requiring you to ship it back to the seller at your expense. I assume it is under $250, so the following will be the shipping requirement:

"For transactions that total less than $250, proof of delivery is confirmation that can be viewed online and includes: the delivery address, delivery date, and the URL to the shipping company's web site if you've selected "Other" in the shipping drop down menu. For transactions that total $250 or more, you must get signature confirmation of delivery."

The recovery of funds will be limited to the amount paypal can recoup from the seller's paypal account. The other option, if you paid with credit card, is to file a chargeback. They will also require proof that you shipped the item back to the seller and I believe most require signature confirmation.

Same thing happened to me with a pair of links I purchased from an SF member. They arrived packaged in a paper envelope and the back of one was broken off. It was only $10 so I did not bother even telling the seller. Besides, there is nothing a little Gorilla glue can't fix.

Originally Posted by Tarmac

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First off, you can't file an insurance claim if there was no insurance purchased. The post office has nothing to do with this issue.

Second, continue with the paypal dispute. Follow up promptly. Paypal will probably side with you.

If you're going to go this route, don't forget to escalate the paypal dispute to a claim. If the packaging caused the damage paypal could file in your favor. When you filed the dispute the money was put on hold so the seller in question no longer has access to the funds until the dispute/claim has been resolved.

It's not $10. If It was I would glue it back together. They are antique links made of gold and a precious stone. I'll let you guys toss your broken gold items away Unfortunately, a lot of the appeal is lost if I had to use glue on them.

I just escalated the claim and laid it all out in there so I'm hoping ebay comes through on this.

You know, I am pretty neurotic on stuff like this and would always pay for proper shipping and insurance but it wasn't offered in the listing. I just don't like being taken for a ride and told there is some "fine print" page I hadn't read (WTF is that??)

With her attitude, I doubt they were damaged in shipment - she misrepresented them. For any shipping issues, the SHIPPER must initiate any complaint with the carrier (UPS says the recipient may but then they just have to go back to the shipper for all the information). I would definitely keep the Paypal dispute open - only resolve it upon receiving a refund. I would give the seller negative feedback on the last day possible (so they cant do it to you in retaliation).

Originally Posted by AintDatRite

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With her attitude, I doubt they were damaged in shipment - she misrepresented them. For any shipping issues, the SHIPPER must initiate any complaint with the carrier (UPS says the recipient may but then they just have to go back to the shipper for all the information). I would definitely keep the Paypal dispute open - only resolve it upon receiving a refund. I would give the seller negative feedback on the last day possible (so they cant do it to you in retaliation).

Sellers can't leave negative feedback for buyers anymore.

You could take them to a jeweler if they are worth a lot...sounds like something a little solder might fix.