Quick question: Who's responsible?

[Barneyballbags]

I'll keep this simple

I recently bought a bike from somebody (not another Retrobike member, I should add). The bike was described as being in very good condition and from the photographs it certainly looked it.

Anyway, I received the bike today and unpacked it, only to discover a rather large dent and fresh gouge on the down tube. The dent is not so big as to cause any major structural weakness, but is plenty big enough for the seller to have noticed before sending it to me.

Now, my question is this.

a) I arranged and paid for the bike to be collected from the seller. The seller had agreed to box it up.

b) The bike arrived damaged.

c) I paid using regular PayPal (I added 3% to cover the fees). Can I claim a full refund?

I am under the impression that is is the seller's responsibility to ensure that the bike reaches me in the exact same condition as it left him. If it doesn't (which it hasn't), then I've got grounds for a claim, right?

Thanks for your help as always. A quick response would be appreciated as I'm trying to make contact with the seller today to get this sorted ASAP

 

[sylus]

First contact them to say why your dissapointed and see what they offer

If the damage has been caused in transit I'm sure you know how that goes

By paying by regular paypal and not gift you can start a resolution I believe should you wish too.

 

[Barneyballbags]

First contact them to say why your dissapointed and see what they offer

If the damage has been caused in transit I'm sure you know how that goes

By paying by regular paypal and not gift you can start a resolution I believe should you wish too.

Thanks. I've emailed him with a few photos to show the damage so we'll take it from there.

 

[Raging_Bulls]

It's always tough to blame people when this happened.
I can only advise you to take plenty of pictures and be mature about it. Insulting and attacking the seller won't help.
IMO the seller's responsibility ends as soon as the courier picks up the box. The big question would be if the damage occurred before or after that moment.

To avoid this in the future, ask the seller to send plenty of photos, taken from all angles. Then take photos yourself as you unpack. That way you both have hard evidence in case it goes wrong.

I recently sold a frame to incorrigible, and must have sent him close to 50 photos of the frame and fork, including detailed photos of every single scratch. Then I sent 10 or 15 more of the frame being packaged, the reinforcements I put inside the box and how I put the parts inside the box as well.
Luckily it arrived ok, but if it had been damaged, all the photographic evidence would have made the discussion a lot easier.

 

[FluffyChicken]

If dented before courier pick up then it's the seller, no problem there.

If dented by the courier (should be visible on the packaging though and check on delivery to you ?) then.
If you arranged the courier then you're responsible for sorting it out with them.
If you paid him as part of the final value, then he should be reponsible

 

[gregs656]

So, hypothetically, even if it was packed poorly - if the buyer paid for the courier directly and arranged it them selves then the responsibility is solely with them?

 

[FluffyChicken]

So, hypothetically, even if it was packed poorly - if the buyer paid for the courier directly and arranged it them selves then the responsibility is solely with them?

That would depend on how and what caused the dents of course. Then it's down to negotiation
All is in my opinion of course, well mostly,. If you buy from a shop. It is them you make the contract with. They are responsible for its delivery to you.
afaik ebay also see it like that, not sure what paypal see it as if just paid for.

But if you bought the item as 'pick up', they are not responsible. If I then arranged a courier then I would in effect be picking it up, that are doing the job for me, not for the seller.

 

[cyfa2809]

I think if you deem the packaging sufficient then it should be up to you to chase up the courier?

 

[suburbanreuben]

How was it packed? Would you say it was adequately protected? Was the box damaged? Is any damage to the frame consistent with any damage to the box?
The seller still has a duty to pack it adequately (whatever that might be...)

 

[93hero]

You arranged the courier.

I'll put money on you choosing 'Yokel', because they're cheap.

Join the dots.