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Lancer MOC Mimic

Joined: Apr 17, 2006 Posts: 4652 Location: London, UK (yUcK! :P) ~ Dreaming of Vancouver...
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Posted: 0 Post subject: Damaged e-Bay item after payment received? Please help! |
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I'm asking this question on behalf of my mum - the house is filled with stress and raised voices and I'm going totally mad. Please help!
Mum has only just started selling on e-Bay recently... she's still considered a new member with Paypal withholding her funds for three weeks/until she gets positive feedback etc. So obviously positive feedback/staying in e-Bay buyer's good books is especially important right now.
So, she listed a Beatles Pencil by Number set she's had since she was a little girl. We had no clue what it was worth so started it off "high" at £29.99. We thought we could re-list it at a lower price next time. But it ended up shooting up in the last few seconds and sold for £315.00. Fantastic, right? Well, not so much when we realised the buyer was a Beatles dealer who could sell it on for a lot more, but hey, that's the way it goes.
Of course, as we had no idea what it was worth, we just quoted for ordinary shipping. Proof of postage covers you up to a certain value anyway. But when it went that high, she contacted the buyer and ask if they wanted it shipped with insurance or to take a risk. He wrote a very snooty letter back to her saying it was HER responsibility to get it to him safely, she must take care of the details and swallow the extra £10 or so shipping costs for insurance and e-Bay GUARANTEES he'll get it. O...kay, so I think we're already getting a picture of a rather pernickety buyer who could potentially turn nasty if anything went wrong.
Cut to today. Mum asked my dad to help her pack the darn thing (don't ask me why? Apparently, he's better than me or something but that's another story). He was in a fowl mood and rushing to wrap some bubble wrap around it when he TORE THE BOX LID. It's not an enormous tear (especially as the box was already damaged), but obviously we had to come clean to the buyer.
You can see photos of the box here - s244.photobucket.com/a...%20Number/ (The top five pictures show the additional tear - the other pictures were taken before my stupid father damaged it)
Anyway, the buyer has already written back. Yes, he might still be interested in it... but he wants a 20% discount as the tear is so major! That's a loss of about £60 to Mum. Annoyingly, the description said the box was torn along that flap (the two corner tears) and the second highest bidder (who bid £305) didn't even ask for further details/photos so was happy to pay that price anyway.
Well, that's the story, I guess the question is... Is Mum obligated to give him the 20% discount? The set is obviously worth a lot more than that (as shown by the other people who bid without even knowing how badly torn the box was!) and it's just so frustrating that this guy's trying to get such a huge discount for a little tear. Plus I'm pretty sure this guy's going to turn nasty and leave a negative even if she DOES sell it to him.
I tried to do some research on Google and came up with a terrifying case where somebody in Germany got sued for damaging an item they'd sold on e-Bay while packing it. Since the buyer had already paid, it was technically their property that had been damaged by the seller.
*Sighs* Why did it have to happen to such an expensive item, eh? 
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kCherry Moogleworks Mod Sales/Trades & Support

Joined: Feb 08, 2007 Posts: 8928 Location: Upstate SC, *USA*
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Lancer MOC Mimic

Joined: Apr 17, 2006 Posts: 4652 Location: London, UK (yUcK! :P) ~ Dreaming of Vancouver...
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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Thanks for the reply.
From what I can see, he's left no negative for anyone else. He just seems to have got an almighty chip on his shoulder that Mum didn't already know her childhood toy was going to rocket in price before listing it (so hadn't sorted out insurance and quoted for it beforehand) and now thinks he can knock the price down (by a fifth!) due to the tear. But even then, it's not like my dad damaged a MINT item - one of the pictures had been coloured (so it's used), and the box was already torn, he's just made it worse.
Mum offered him the chance to cancel the transaction/get a full refund, but I guess he knows he can make a LOT of money on this item on his Beatles sales site anyway. Negative feedback aside, are we legally obligated to sell to him at the discounted price he has suggested?
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CrimsonEtClover Prom Queen Sweetheart Sister Pony

Joined: Dec 28, 2010 Posts: 249 Location: Wisteria Falls
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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I'm not sure what is "ebay-legal" right now, but two things:
1) if I have an item like that, that skyrockets crazily, like 275$ above what I thought it would go for (I have, once! It was exciting!), I would have eaten the extra shipping insurance cost (which I did). I was so excited to be getting SO much extra $, I didn't care! (yes, I am not a good businessman!)
2) if a buyer was acting that way to me, I'd run run run, try to cancel the transaction and give a second chance offer or just re-list it some time down the road - after blocking the persnickety guy. I get pleasure out of making people happy with their packages, and I would get NO pleasure from dealing with that rude creature.
3) so sorry this happened to you. Dealing with sweet people all the time (the arena, most of my ebay and etsy customers), its really shocking and saddening when people act this way.
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Lancer MOC Mimic

Joined: Apr 17, 2006 Posts: 4652 Location: London, UK (yUcK! :P) ~ Dreaming of Vancouver...
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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Yeah, we'd come to terms with the fact we had to pay the shipping insurance - it was only about £10 extra and, while annoying, it was worth it to insure the buyer couldn't claim the set went missing.
But asking for a 20% discount for a small tear just seems out of line to me. Especially when we all know it's worth far more, even in its present state.  That's why I was just trying to get a few opinions and find out more about e-Bay's actual rules before Mum replies to him. We were going to contact e-Bay directly but ebay.co.uk doesn't even seem to have a helpline for this kind of situation.
Thank you for your reply and support though. Mum is so stressed out about it all (she's just sitting there with her head in her hands) so all opinions are very much appreciated. 
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Sarahlacewing Target Exclusive Winter Pony

Joined: Jul 15, 2010 Posts: 579 Location: Ohio
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CrimsonEtClover Prom Queen Sweetheart Sister Pony

Joined: Dec 28, 2010 Posts: 249 Location: Wisteria Falls
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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I would just say something like "Since we have damaged this item, we don't feel that it would be appropriate to finish this transaction as is. We will happily refund you in full"
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Jemofirongate Scribbles Pony

Joined: Oct 09, 2005 Posts: 1217 Location: Essex, United Kingdom
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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| CrimsonEtClover wrote: |
| I would just say something like "Since we have damaged this item, we don't feel that it would be appropriate to finish this transaction as is. We will happily refund you in full" |
I agree with this - the buyer can't say you did them out of anything, after all they got their money back in full. I'm sure even ebay would agree if you have damaged the buyers goods then a full refund can be expected
That would leave you free to relist the item updating the description with the new tear and let it find its value that way
Jem 
_________________ Most Wanted! Megans Place Accessories, Please PM me if you want to sell :-) |
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hathorcat G3 Prototype Pony

Joined: Mar 09, 2007 Posts: 2849 Location: Scotland
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Ringlets Trader Support Mod

Joined: Jan 10, 2009 Posts: 13184 Location: Silverbells Manor UK...there's always room for more ponies!!
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NoDivision I am vengeance, I am the night

Joined: Mar 04, 2010 Posts: 3728 Location: Indianapolis, IN
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xeevee Rapunzel Pony

Joined: Jan 21, 2008 Posts: 3695 Location: Australia
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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I would offer a refund too, personally. He sounds like to much of a jerk to deal with. It did however go for heaps, so I don't know, if it were me, I may say, I will give you 10% off due to the damage, however, you have to pay for insurance on postage. If you aren't happy with those terms, I shall cancel the sale.
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CrimsonEtClover Prom Queen Sweetheart Sister Pony

Joined: Dec 28, 2010 Posts: 249 Location: Wisteria Falls
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Posted: 0 Post subject: Re: Damaged e-Bay item after payment received? Please help! |
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yes, I would just do whatever possible (legally, of course!) to get out of the sale with this guy - he is bad news bears.
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lovesbabysquirmy Captain Jack Pony

Joined: May 11, 2004 Posts: 5950 Location: Canadaaaaa! Calgary, Alberta!
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Sebby6 Maid of Metal

Joined: Nov 08, 2003 Posts: 2546 Location: Czech Republic
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