Question
I recently sold a large (over 25 lbs.) carved jade sculpture on Ebay. The item sold for $275 plus $25 s&h. It was paid using Paypal instantly, and shipped via FEDEX ground. My records show that it was delivered on April 7th. On april 26th, I get an email from the buyer telling me that the item was a gift for the president of his company. When he presented it to him at a meeting, the president opened the box and found the sculpture in about 20 pieces. He asked me what the next step was.
I suggested that he look into making a damage claim with FEDEX, and indicated that I felt that 19 days was plenty of time to determine whether there was any damage to the piece. He emailed back saying that the box was never opened upon arrival because it was a gift. He also claimed that he couldn't tell the piece was broken. And that it never moved from where he put it when it arrived.
I guess what I'm asking is how would you here folks handle this one. I think he would have the responsibility to report any damage immediately. As far as I am concerned, his ownership of the item began when it arrived. He seems to think (as indicated from several emails), that it doesn't matter if it's 10 minutes or ten weeks after he got it that the damage was discovered. Finally, how could you get a 25 package that was broken inside so badly, and not hear any "clinking" sounds when you put it down?
FWIW...I state very clearly in my auction terms that there are no refunds.
Any ideas out there?
Answer
Let's see...you spend $300 for an important gift, but you don't check it out before presenting it?
Nah...sounds like a tall tale to me.
Answer
Originally Posted by Meya
Let's see...you spend $300 for an important gift, but you don't check it out before presenting it?
Nah...sounds like a tall tale to me.
I agree....it sounds like buyer's remorse ... or a scam. Stick to your guns, no reasonable person would buy an expensive gift through the mail for someone (especially their BOSS) and not check its condition before giving it.
Answer
I also think he should be the one to start a claim with FedEx.And, hopefully, this is a new piece with a retail value, since $100 is, I believe, the limit on a claim for anything with "subjective" value.
Something to keep in mind....right or wrong....
with PayPal, you'd best have gotten a delivery signature or he can probably win easily against you since it is required for anything over $250.
If all that is Ok, you can hold your ground and hope they will agree he has had it too long to try to get a refund, if he tries for it.....a hope I wouldn't bet 2¢ on in your favor, but.....hey, ya never know.
I would certainly try to get him to start a claim with FedEx before anything else.
45 days is the limit before starting a PP claim (not suggesting anything
Answer
It may make your decision easier - maybe not.
Did your bidder happen to email you PHOTOS of the broken sculpture?
On the 'evil' side, did you happen to ask him/her if they were still employed?
Answer
I notice your ring auction also shows shipping by FedEx Ups.....you might want to double check on coverage with those carriers.
This thread was cautioning about it.
here Thread
Answer
Thanks for your responses....
The buyer never emailed damage pics...but then again, I didn't really care if he did or not. I guess my bone of contention in this is his delay in contacting me. 19 days...a lot of things can happen to something fragile in 19 days...for all I know, it could have gotten smashed in the trunk of his car the day he took it to the office....
regarding the ring auction....we have just dumped FEDEX (last week) altogether...just too much damage coming from them, no matter how much care goes into packing. They are losing over $1500 per month in delivery charges from us. We switched to DHL...so far so good...but it's way too early to pass judgement on their services. As for insurance...I am trying to find a company that will insure shipments against damage in transit outside of the courier service. Any suggestions?
Thanks
Answer
as an aside....i didn't ask him if he's still working or not..wink wink...
I did check out the company url from his email address....the company he works for (he's an exec), is a consulting company dealing primarily in employee motivation and relations....I have a bit of a problem with "consulting companies"...I always figured that if they have all the answers, why aren't they out there beating the hell out of every market they could get into? I don't think corporate America really needs to pay people to tell them wrong from right...they just need to exercise some common sense. My experience has always been that consultants have failed unless they show their clients how they can steal a little more money from their workers.... just my two cents
Answer
Regardless of the way you feel about him or his profession, you gave him good advice. He needs to file a claim with FedEx. What they choose to do about the 19-day delay is their decision.
If he keeps emailing you, just keep telling him how unfortunate it is that this happened, and how your wish him well with his claim with FedEx.
If, by chance, he presses you to do something, offer to check on the claim with FedEx.
BTW, I've found it a good policy to state in the auction (in a positive way) that buyers should email concerns to you within 72 hours of package receipt. I think my listings said "Refunds cheerfully given for any reason--or no particular reason--if notified within 72 hours of package delivery." I added that after a buyer of a $400 item emailed me a month later wanting a refund because she decided she "didn't like" the item.
Answer
BTW, I've found it a good policy to state in the auction (in a positive way) that buyers should email concerns to you within 72 hours of package receipt.
Very good idea, I can't imagine buying a gift for someone and not checking it out before giving it to them though.