Item damaged in shipping, seller refused to file an insurance claim & paypal says return it?

[lvan811]

Purchased an item (not off ebay) & I received it damaged.  I asked the seller to file an insurance claim, I want to have it repaired.  The seller refused, so I filed a complaint with Paypal  Paypal is saying I must return the item for a refund.  In the past , as an Ebay seller I disputed a fraudelent damage claom, it excalated to a paypal dispute and paypal refunded the buyer his $$ ????   Why is Paypal not demanding the seller file a damage claim per my request?

[DPCreations]

Seller is not required to carry shipping insurance.

Seller IS required to get item to buyer in good condition.

The item you purchased had no warranty so buyer is not obligated to repair.

Since seller is not obligated to repair and neither is the seller obligated to replace, you need to plan your dispute carefully with the seller.

Whether seller has insurance or not is NOT your concern.

So, the first request with the seller should have been to request a full refund as the item was damaged during shipping.  It was also your responsibility to submit evidence of shipping damage to the seller.

A reputable seller (many are not) would have accepted responsibility and worked out  deal.    Since you did not accepte a settlement from the sellet, you opted to go through the PayPal dispute system where you have very weak protection in this case.  For not as described you are requried to pay return shpping with tracking to get a product price refund.  That's all part of PayPal terms of use.

That's the way the system works.

[lvan811]

So, the first request with the seller should have been to request a full refund as the item was damaged during shipping.  It was also your responsibility to submit evidence of shipping damage to the seller. - I did this  The seller refused, and demanded the item be returned.

A reputable seller (many are not) would have accepted responsibility and worked out  deal.    The seller refused, no deal.  Return the item or get nothing!

Since you did not accepte a settlement from the sellet, you opted to go through the PayPal dispute system where you have very weak protection in this case.  For not as described you are requried to pay return shpping with tracking to get a product price refund.  That's all part of PayPal terms of use.

That's the way the system works. - Not True - In a seperate paypal claim against me as the seller a while ago, Paypal refunded a buyer without a return for an item that the buyer stated was damaged in shipping, so that's not how they system works.

[DPCreations]

PayPal policy states that the buyer returns item.

So, now you need to figure out how to get PayPal to make an exception; it may also depend on the current claim status.  You could find the right agent with a phone call and cajole the agent into helping you.  It will likely take multiple phone calls and a lot of patience.  Giving a long sob story is not likely to help.  Stick to facts, assuming you have good photographic evidence, and state that item was damaged and PayPal should not require return.  You need your top negoatiation skills for this, and maybe a little grovelling. 

[Whac-A-Mole]

what is the item,where are you and where is the seller?

Paypal always ask the buyer to return the item on his dime,exception would be seller never respond when the case is open,then Paypal will close the case and refund buyer without asking him to return the item.

In your case,it sounds like seller has responded in a timely manner,you win the case so return the item with tracking +/_ signature.

Now if this is an Ebay domestic transaction,then Ebay will make seller pick up shipping by sending you a shipping label,once you ship,the postage would be charged to seller Ebay account.

But you did not buy on Ebay,so you will pay return shipping per paypal policy.

Now did you use a credit card,you can try filing chargeback,then the Paypal case will close and Paypal and the seller would have to wait for your cc issuer to decide .

This would be the only chance you dont have to return the item and seller would be socked with $20 chargeback fee if y ou win.

[lvan811]

So then what's the point of having insurance to cover any damage done in shipping ?  I want to keep the item and have it repaired.  The seller is demanding the item be returned for a refund, and refusing to file an insurance claim.  Paypal is backing up the seller.  It was sent insured!  

[Whac-A-Mole]

it was sent insured?

Do you know for sure it is insured,is it on the shipping label,who is the carrier or it is USPS priority implied $50-100?

Insurance protects the seller,not the buy,seller may have reasons not to file insurance claims,buyer cannot force seller to file.

who is the carrier,if it is Fed Exp or UPS,buyer can initiate the process,mind you Fed Exp does not offer insurance,only indemnity.

anyway,you cite a case where seller gets nothing,buyer gets his money back and return nothing per Paypal review,we dont know the circumstance,but most cases are settled with buyer returning the item on his dime.

if this is USPS priority or you know it is insured,you can file online,take pictures of the shipping label and damage etc.

[lvan811]

USPS Priority Mail.  The seller was negligent in packing the item.  There was no damage to the exterior box, however there was damage done to the item (A clock, and both top finials were received broken off)  The damage is repairable, and I would like to have that done.  Why do I have to return it on my dime if it was received damaged as a result of faulty packing done by the seller?  It is not smashed to bits, but it now requires repair.  That is what insurance is for.  To protect both parties in the event of loss / damage.  Why won't the seller file a claim?  I expect because this isn't the first time for them.  The insurance claim is initiated by the person who sent the item, not the other way around.  I cannot file, the seller needs to and is refusing to do so.  

[Whac-A-Mole]

I have filed USPS priority claims as a buyer,not a problem,I will inform my supplier I am doing so before I file,

I  upload the external box,show the shipping label,the item and the content of the box.

if you go to USPS website and file a claim,it will ask if you are the sender or recipient and who should receive the payment,try it and come back to tell us.

The last claim I filed for my vendor ran into problem,USPS wants me to take it to a post office to show the damage,I went to one and they refused to sign off because the clerk said theyd id not deliver  my package  and they dont want to look bad accepting or processing the claim.

then I complain to USPS as they never say which post office I should go to.

I figure the postal clerk does not know any better,it was a Saturday and she is the only one at the counter.

Then I want to ship a package ,first class mail,she knows eniugh to recite a script of how I can use express mail and pay $$ for my shipment.who is going to ship a local piece of mail and pay $34?