Item I purchased was damaged during shipping

[Lynned1]

Seller states she is not responsible as it was the post office fault.  She told me I had to contact post office which I did not was told the person who mailed the item needs to file a claim.  She will not do this.  She wants me to buy another dress and only pay shipping.  My issue is I already paid for item and shipping and do not feel it is my issue.  She told me pp said I would not win the dispute because she has pictures of item before it was sent and is not responsible for the post offices damage.  Lastly, seller did not have insurance and n this item and is telling me I should have requested it.  I didn't know she didn't have insurance and this option was not given upon purchase.  What should I do?  Thanks

[Whac-A-Mole]

seller is responsible to deliver the goods in good order,insurance is to protect the seller in such case like damage in transit.

you should file item not as described with either Paypal or Ebay.

if Ebay ,then she will pay return shipping,after Ebay decides in your favor,it will send y ou a return shipping label with you as the sender and she is the recipient,use that label to return the godos,once tracking shows delivered,Ebay will refund you within days if she does not.

If you file with Paypal,then you pay return shipping.

if youf ile chargeback with your credit card,you may not have to return given her attitude and she will pay $20 chargeback fee. 

[Whac-A-Mole]

Paypal robot does not watch video or read love story,item not as described is an easy deal,buyer returns the item,get his money back and seller gets the item back to fight another day.

[Whac-A-Mole]

USPS priority shipping has an $50-$100 implied insurance included,first class or media or parcel ,NO.

Some sellers will take out third party insurer like U-PIC or Ship insurance .

of course UPS offers insurance,Fed Exp offers indemnity,non jewelry max is $100

[Lynned1]

Ty

[Lynned1]

Thank you all for the suggestions.  In my opinion the dress was not properly packaged.  Was only placed in Baggie and mailed.  Usually clothing items I have purchased before have added package protection which I think would have taken the brunt of this package.  She did finally refund my money.  I will definitely not buy from her again.

[Linc1957]

@Lynned1  This is one of those situations that is like a catch 22.  In my opinion the Seller's job is to ship the item on time and packed as safely as possible.  Seller is NOT responsible for how any carrier handles the package.  If a Buyer receives a package that is damaged it is their job to reject it so it gets sent bcak to the Seller.  In the case of clothing I think the only way damage can occur is from an external source, so was the package damaged?  If not then how did the damage occur would be my first question.  If it was a fragile ceramic then interanal damage could occur without outer package damage.  A damage claim should be pursued by BOTH Buyer and Seller because Buyer has the alleged damaged goods and if Seller processes a damage claim the first thing the P.O will do is ask to see them ... guess who has them.  So the claim should be initiated by teh Buyer with the Seller's help.

So, as I read this thread, if there is outer package damage Buyer should have made note of it at time of delivery or taken it to the PO unopened if they were not home when it was delivered.

[Whac-A-Mole]

seller did not insure the package so woe to the seller,it does not matter who damages the item,seller is responsible for safe delivery of the item she sold,she should refund or replace and then file claim with the carrier.

but if she has no insurance ,then she eats the loss. 

[Lynned1]

I think item was caught in sorting machine at post office.  The plastic mailer Baggie literally had a hole I. It and unfortunately so did the dress.

[Whac-A-Mole]

so many sellers use those bags instead of a box,