Item arrives damaged

Yes. You have to send it back. This is normal and expected. For the seller to claim compensation they have to send the damaged item to the courier for assessment. What is NOT normal is for you to pay to send it back. All costs should be on the sender. This is even a legal requirement under the Consumer Guarantees Act. You as the buyer cannot be left out of pocket in any way for a damaged item. But don't forget the CGA only applies to "in-trade" sellers. If you bought the vases from a casual private seller it comes down to morals. Ask them if they were the buyer would they expect to have to pay to return a damaged item?

If the seller had packed these inadequately (and it sounds like they did) then they should pay for the cost of return freight. You could offer to pack the parcel up for them (just add more protective packaging than they did) and get them to order the courier, that way they pay for it.

They are correct that they only need only need to refund you upon receipt of the retuned goods. That way they can be assured that you will actually return the vases to them. However, as a seller, I personally would pay out as soon as I saw the photos of the broken vase.

Also they should refund you, regardless of whether the courier company accepts their claim for broken goods. Make sure they refund you upon receipt of the parcel and don’t make you wait until the courier company pays out on the claim as the courier company might deny the claim on the basis that the packaging was inadequate.

How did you pay for this? Did you use Ping? My understanding is that Trade Me will assist you to resolve a dispute if you paid via Ping and there are any difficulties getting your refund or agreeing who should pay for return shipping.

Hi, thank you for clearing that up. Its a private seller I am dealing with and I am just a bit worried that if I pay to send items back to he, and as I made a bank deposit for the other $50, what happens if she won't refund me. She sent the vases by NZ Post who won't accept claims for prohibited items getting damaged and china or antiques are included in prohibited items so she can't claim on insurance anyway.

Yes that's a good point. They wont compensate the seller so in that case it does seem senseless they want it back. Maybe the seller isn't aware of that? If they are still being reluctant you can always open a dispute with Trade Me for the item. It could spur your seller into some action.

Have pointed it out to the seller re not eligible for a refund. Doesn't want to pay upfront for shipping back as says she doesn't know how much it will be. Normally I wouldn't worry but she has been difficult from the start, said it was my fault as I didn't pick the parcel up (P.O. Box) for over a week so they must of damaged the vase, packing expensive and people won't pay for it etc  then said didn't get any of my e-mails worst communicator ever (replied to hers so didn't get e-mail address wrong) with photo and my bank details so I resent them all. Looking back on bad feedback (she mainly sells woollen items) is for musty smelling items and over charging for postage, but going back over years, there is some for broken items and being out of pocket or no communication about it.

Have contacted trademe, and placed bad feed back, which she has promptly returned the favour for, but if she doesn't refund me they won't do anything, just tell you to go to disputed tribunal.

Another question, when items are sent back, the seller has to pay for postage, but do they refund me for the original cost of postage to me, or do I have to wear that.

I would have thought they would need to refund your original postage as well.

Rita just wondering why you wouldn’t just send the 2 vases back? So the seller can claim compensation, as this has been going on for 14 days- the delay will mean they can’t claim. The consumer guarantees act applies here, and the lowest level resolution is easiest

Simple china is a prohibited item with NZ Post so can't claim for damage. Items were also not packed well enough. Seller blamed me for damage as didn't pick parcel up for P.O. Box for a week, sent photo of damage and said they could just refund me for 1 damaged vase (half cost of purchase) . Wanted them sent back but wouldn't refund for anything until I did. During this time I had to resend all e-mails as she said she never got them including photo, called me dumb and was just unpleasant. I told her she couldn't claim for them so why did she want them back, just said you know why. Then said photo I sent was different to the photo she had on trademe. I then booked the courier and gave her the tracking number and cost of courier and said she would have to refund the total amount, that was original price and postage and courier to get them back to her. She didn't let me know by email but deposited the money for vases and original postage but not the courier to get them back to her, so sent her back a message saying I wanted her to refund for courier she had tracking number and cost or I would cancel pickup. No answer so changed pickup date and let her know. Response as expected got in contact and wouldn't pay so I said I would send damaged vase to her and include the difference of courier fee and cost of one of the  vases (half price paid). Still not happy. If the trader had been open from the start and not blaming me for damage or being abusive and not communicating I would of been happy to send items back. She doesn't usually sell china but has bad feedback for 2 other auctions were items arrived damaged and people being displeased about woolen items (which she sells) arriving musty (can't get rid of) and dirty. Not really relevant but I don't want to be $11 out of pocket if she won't pay when she receives items. By the way she is a casual trader.

That’s a bit surprising that NZ post have prohibited simple china Anyway, it is the senders job to make a decision to make a claim, not the receivers. Did you take a photos of both vases and the packaging for the seller, in lieu of sending them the vases back/ make a claim? Sometimes things don’t go right with a trade for many a reason and as a seller I request for the item to be sent back so I can see what the damage or issue is then refund, in line with the consumer guarantees act and trademe advice. So Are you keeping the vases and the refund? I would suggest talking to trademe best,