Goods Arrived Broken
Goods were purchased. Seller to arrange shipping at buyers cost. Seller packaged fragile goods, arranged to ship. Both cost of trade along with postage paid. Goods arrived broken. Contacted seller with evidence of poor packaging and consequent damage. Buyer replied but refused to take responsibility. What are the buyers rights?
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S Community SuperuserEditedKia Ora Steven,Sorry to read of your experience,Your Seller pays you a Full Refund as the item hasn't come as described & is Faulty - Due to poor packaging is the Seller's responsibility, it is with them to ensure you receive the item in 1 piece as described.Take photographs of the packaging as well as of the broken contents, you will need to submit these as evidence if you need to file a Dispute Resolution report, along with all email correspondence with your Seller.TradeMe Rules: <quote>Damaged items
- Contact the Seller to let them know what's happened.
- In these situations, the seller will usually lodge a claim with the courier.
- Sellers are responsible for making sure the item reaches the buyer – as described in the listing.
- If you're having trouble getting a damaged item refunded, replaced, or repaired, we can help <unquote>
- Point out the quoted section to your Seller,
- Fill out your Dispute Resolution form if the Seller still refuses to provide the full refund, including shipping - the dispute has to be filed within 30 days of the Listing first closing to qualify for the Buyer Protection if you have paid for the item by Ping or Afterpay - 45 days if you have paid by Internet Banking or Cash deposit.
- Initial feedback should also be placed keeping it to the Facts, you can change feedback when the Seller refunds you though it can only be changed the once and the Seller can't ask you to change it before the Trade is completed.
Reference: Shipping issues for buyers – Help - Trade Me
Hopefully your Seller pays you in full after reading the rules so you don't need to go down the Dispute Resolution path - this can take quite some time to resolve if you need to involve TradeMe.All the Best - Cheers.1 -
Callum Community SuperuserHi Steven "It depends"
If your seller was in-trade they are completely obligated, by law, to get the item to you without damage.
If your seller was just a casual seller they could perhaps argue that their legal obligations are less. Still, they would be expected to pack the item adequately and have moral obligations to sort you out if it arrives broken.
From here your best course of action would be to open a dispute on Trade Me for this trade. Keep the packaging as that might be needed if it comes down to a courier claim.
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