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Lawyers?Advise/HELP

JennNicole Posted:

Lawyers?Advise/HELP

I purchased a whirlpool tub off of ebay with a reputable seller (or so I thought)

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 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

leafgirl Posted:

Re: Lawyers?Advise/HELP

Ok here are some suggestions:

If you paid through paypal dispute the charge. There is a reason for item damaged. Let it start there.

Was there insurance on it?

Is the ebay vendor reputable? They will not want bad feedback if so... does it say on their page they accept refunds?

Also if you did accept it without looking at it fully, then you may be out of luck. It really depends on their return policy. I know it stinks and the only way that you would have to see if it was damaged was to fully open the box. I had to do that once and believe me the delivery people were not happy I did but o well. I was not accepting until then...
JennNicole Posted:

Re: Lawyers?Advise/HELP


Posted by leafgirl

Ok here are some suggestions:

If you paid through paypal dispute the charge. There is a reason for item damaged. Let it start there.

Was there insurance on it?

Is the ebay vendor reputable? They will not want bad feedback if so... does it say on their page they accept refunds?

Also if you did accept it without looking at it fully, then you may be out of luck. It really depends on their return policy. I know it stinks and the only way that you would have to see if it was damaged was to fully open the box. I had to do that once and believe me the delivery people were not happy I did but o well. I was not accepting until then...




Yes I used Paypal but so what! They are usually useless. I know b/c I use them all the time for our selling. They don't get involoved till very late in the game, and they don't always work in your favor, esp when everything is not in black in white. I am hoping paypal will still say the item is damaged so therefore you must pay the full amount owed back to the customer - again I will NOT know that till quite sometime maybe 30- 60 days that is how long these things can go.

I have no idea if there was insurance on the item. I have been asking. Partly my fault b.c I paid such high shipping charges that I assumed that there was. The company will NOT answer me if there was insurance.


The ebay seller is a power seller - I saw tons of feedback and not all negative. Since this happened naturally I started to look more into pages of feedback. The negatives were lots of unhappy customers mentioning the product they purchased was either missing pieces or broken or noticed were used prior. Example : burn marks on bottom of pots, UL adapters not working, freight charges tripling the amount of the item won, etc. They also have a user that is buying all day long and every day thousands upon thousands of dollars worth of items for .99 Nobody does that. This is a REG FLAG This counteracts the negative, I imagine it is a user.

The last part you mentioned is a good point. This is the point I am most concerned about. It was inspected but not to the fullest b/c as my DH said it was impossible the way it was strapped w/bungee cords , and the FR co. was not allowing for them to take it apart at the terminal.


As far as the legal part goes , I am wondering about the packaging. The packaging was not original from manufacture. It was repacked.I know as a seller when I ship out items I am responsible for the packaging according to the FR co. If it is packaged incorrectly the FR company than can refuse it if it is noticeable or not reimburse us for the monies owed. So there is where I would like to start to begin my case???
Item not as described, packaged incorrectly, false pretenses, not accurate in description about insurance, or any other matter.

Jenn04 Posted:

Re: Lawyers?Advise/HELP

Hey Jenn - I am so sorry about this mess you are in! It is terrible!!!!! I am wondering what exactly the return policy stated....ie about the shipping charges and refunding them. Sometimes it will say specifically that returns accepted but seller has to pay shipping. Anyway I am guessing it is vague but I still think u have a chance to fight it thru ebay and your credit card! Did u pay thru amex? They will do a whole investigation and usually they r verrrry good - esp because it was damaged to begin with. I know someone who bought a pair of leather pants in a store, got a hole in them and got amex to give her money back and then she got a new pair! (And they were like $300 pants)

I think u should be able to dispute it and that is the way I would go. Also what shipping company did they use and is there a number or a tracking number??? I would tell them u are seeking legal advice and ask ebay and credit card how to proceed. Its totally bogus and shady. Also threaten that you are going to give negative feedback. Ok maybe don't talk to them just yet.
JennNicole Posted:

Re: Lawyers?Advise/HELP


Posted by Jenn04

Hey Jenn - I am so sorry about this mess you are in! It is terrible!!!!! I am wondering what exactly the return policy stated....ie about the shipping charges and refunding them. Sometimes it will say specifically that returns accepted but seller has to pay shipping. Anyway I am guessing it is vague but I still think u have a chance to fight it thru ebay and your credit card! Did u pay thru amex? They will do a whole investigation and usually they r verrrry good - esp because it was damaged to begin with. I know someone who bought a pair of leather pants in a store, got a hole in them and got amex to give her money back and then she got a new pair! (And they were like $300 pants)

I think u should be able to dispute it and that is the way I would go. Also what shipping company did they use and is there a number or a tracking number??? I would tell them u are seeking legal advice and ask ebay and credit card how to proceed. Its totally bogus and shady. Also threaten that you are going to give negative feedback. Ok maybe don't talk to them just yet.



TY Jeanna I did all of this already Yes I partially paid w/amex except the shipping. They state that the shipping will be my responsibility and i think both ways so that would be 400 -why should I be responsible for that when the item is damaged to begin with
leafgirl Posted:

Re: Lawyers?Advise/HELP

I looked more into this for you. I am pretty sure if the seller is willing to accept it back and refund you, yes you are liable for the shipping.

Paypal usually will handle all disputes on items placed w them. I would really start a dispute there especially since your not getting an answer from the seller now.

The thing is it is always buyer beware. If you didn't check the item and signed for it and you didnt make sure there was insurance on it nor did you read all of the feedback... you might just be out of luck. I am sure it's not what you want to hear but... it sounded like a shady seller from the beginning.
bluebelle Posted:

Re: Lawyers?Advise/HELP

good luck, i hope it works out for you

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