Lawyers?Advise/HELP
I purchased a whirlpool tub off of ebay with a reputable seller (or so I thought![]()
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The ebay seller told us in an email to check the item to make sure of no damage and refuse it if it is. They explain in the description that returns and refunds will happen if damage has occurred.
The tub came the other night & was delivered to a FR terminal which we had to than go get. My DH goes w/BIL to pick it up mind you it is after 8pm b/c the hours are 8-10pm.
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The items description does mention some corner damages to the box but NO visible damage to the tub!
I paid $200 to ship this item to the terminal.
On arrival my Dh and BIL tell me the FR Co. is anxious to leave and is rushing the huge package off the fork lift to get it on to my DH's truck.
They stop the worker and explain they want to see the item to make sure there is NO damage. They take a flashlight and open the areas that they could get to. The way the box is strapped up my Dh explains it is virtually impossible to check the entire unit out and unpackage it.
They cannot see any damage from the areas they can get into ,the worker in the warehouse tells my DH that if there is any problem just to bring it right back.
My BIL writes on the receipt damage to box. They get the tub home and in the driveway the are able to use large light and unravel the packaging - THE TUB IS CRACKED THROUGHOUT.
A phone call is made to the FR company - they won't take any responsibility to take it back.
I call the ebay seller no response (it is late) but I do leave an email - They get back to me telling me they are washing their hands of this b/c we left the premises with it and this is like signing a waver that we said the item is good.
WE never signed a waver that the item is in good condition, we had no way of really even seeing the tub until we got to an area that we could fully open the box. The Fr did not even cooperate with us, and now I am out alot of money and I have a broken tub.
I asked the seller if they had insurance on the item, they are being sketchy and not telling me. I also noticed alot of sketchy things after I reviewed their feedback from this incident a little bit more carefully.
I am soo mad at myself![]()
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I am usually alot more careful , when it comes to purchasing of ebay as I am a seller for years now.
I am wondering if I have any legal recourse? Can anyone help me? I already called the cc to dispute the charge, but at the end of the day if they find that this company covered themselves with this 'so called' waver - that NOBODY SIGNED , just that we picked up the item, I am afraid the cc will just charge back the funds.
ETA - Update : I herd back from the company after telling them about my dispute w/the cc and reporting them to ebay, paypal..etc.
They are agreeing to take the tub back but at my expense to ship out and also only reimbursing tub only not even the original shipping charges! Is any of this legal? Why should I be out the money to ship both ways when the item was broken and damaged?
HELP![]()
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The ebay seller told us in an email to check the item to make sure of no damage and refuse it if it is. They explain in the description that returns and refunds will happen if damage has occurred.
The tub came the other night & was delivered to a FR terminal which we had to than go get. My DH goes w/BIL to pick it up mind you it is after 8pm b/c the hours are 8-10pm.
The items description does mention some corner damages to the box but NO visible damage to the tub!
I paid $200 to ship this item to the terminal.
On arrival my Dh and BIL tell me the FR Co. is anxious to leave and is rushing the huge package off the fork lift to get it on to my DH's truck.
They stop the worker and explain they want to see the item to make sure there is NO damage. They take a flashlight and open the areas that they could get to. The way the box is strapped up my Dh explains it is virtually impossible to check the entire unit out and unpackage it.
They cannot see any damage from the areas they can get into ,the worker in the warehouse tells my DH that if there is any problem just to bring it right back.
My BIL writes on the receipt damage to box. They get the tub home and in the driveway the are able to use large light and unravel the packaging - THE TUB IS CRACKED THROUGHOUT.
A phone call is made to the FR company - they won't take any responsibility to take it back.
I call the ebay seller no response (it is late) but I do leave an email - They get back to me telling me they are washing their hands of this b/c we left the premises with it and this is like signing a waver that we said the item is good.
WE never signed a waver that the item is in good condition, we had no way of really even seeing the tub until we got to an area that we could fully open the box. The Fr did not even cooperate with us, and now I am out alot of money and I have a broken tub.
I asked the seller if they had insurance on the item, they are being sketchy and not telling me. I also noticed alot of sketchy things after I reviewed their feedback from this incident a little bit more carefully.
I am soo mad at myself
I am wondering if I have any legal recourse? Can anyone help me? I already called the cc to dispute the charge, but at the end of the day if they find that this company covered themselves with this 'so called' waver - that NOBODY SIGNED , just that we picked up the item, I am afraid the cc will just charge back the funds.
ETA - Update : I herd back from the company after telling them about my dispute w/the cc and reporting them to ebay, paypal..etc.
They are agreeing to take the tub back but at my expense to ship out and also only reimbursing tub only not even the original shipping charges! Is any of this legal? Why should I be out the money to ship both ways when the item was broken and damaged?
HELP
