So I purchased a few new LCM's on eBay about a month ago from a private seller. 2 of the chairs arrived damaged during shipping. Though the damages were minor (a dent on one and a chip on the other which cannot be repaired), I felt I had the right to file an insurance claim since I paid for the shipping and insurance costs already. Seller gave me the contact info of the shipping company. Shipping company would not work directly with me because they claim that their customer was the seller since he's the one that dropped off the items and paid for the insurance and shipping. In order for them to file a claim, the seller would have to submit our transaction invoice. Also, shipping company said in the end the insurance check would go out to the seller instead of me because he's their direct customer. I find this part really hard to understand; for the seller to have the check although he doesn't have the damaged items? What's the check for then?
So I politely asked the seller to submit the documentation to the shipping company and to inquire about having the shipping company make the check out to me instead of him. To my surprise, this is what the seller said on his last email: "I'll split the claim check with you 50/50". Up until that point, the seller had been pretty helpful in fact. I told him I was willing to take 2/3 of the claim and he could keep 1/3, just so that I could cover my loss. So far, I have not heard back. His last email was yesterday. In the past, he was very responsive with emails.
I know I can file an eBay dispute claim, but it also means I'll have to return the chairs to the seller in the end to get my refund. For me, I want to keep the chairs and I thought I was entitled to some compensation for the damages. Worst case scenario: seller decides he wants to be even more greedy and take the whole insurance claim check; I dispute with eBay and he refunds my money. But in the end, he still profits from the insurance!!! Is that fraud?
Another option I have is to suck up the damages and contact the shipping company to cancel the claim which I don't even know if I can do since they didn't want to deal with me to begin with. This option is to avoid the seller from ripping me off although in the end I won't get anything, but at least I won't be enabling his greed.
I'm both pissed and disappointed by this example of human greed. I'd like to hear your opinions on my options. Btw, I have another 15 days to file a dispute with eBay.
Return the chairs.
Why do you want damaged chairs ? It seems the arrows are pointing to the seller having his damaged chairs -- and the insurance payment. Why not ? Then, no fraud, no greed.
Or is the seller's price too good to pass up ? We usually wish upon others the justice we deserve . . .
If you feel the damage to...
If you feel the damage to the chairs warrants a partial refund, but you cannot negotiate it, return the chairs. It seems to me that the seller has given you indication that you should just send them back and take your business elsewhere. If you don't want the risk of this kind of headache for "new" chairs, try an authorized dealer that buys factory direct.
The phrase about having...
The phrase about having one's cake and eating it too also comes to mind (from a couple of directions), but it seems like it might be perceived as snarky should I mention it...
But if the damage is in fact quite minor and you got a good deal, maybe it's also okay to just suck it up, get a touch-up marker and enjoy your chairs, as that's the way the cookie crumbles.
Ive had the exact same issue...
Ive had the exact same issue on ebay buying furniture that arrived damaged. The seller initially told me I would have to file the insurance claim, I informed him the shipping company would not allow me to, that I expected him to cover the costs of repair which were about $380 bucks (averaged from about 4-5 different quotes) and that returning it was out of the question (it was a massive sideboard). He never responded to me. So I filed a dispute with ebay and indicated that I wanted to keep the item (ebay lets you specify). Seller was then forced to respond or risk having the entire cost refunded to me. He reluctantly gave me the $380 which he recouped from the insurance claim anyways.
I suggest you do the same thing.
+1 on what foxxxy just said....
+1 on what foxxxy just said. I would add that it sounds crazy that the seller would expect to keep any of the insurance that should go to the cost of repair. If for some oddball reason insurance was going to pay out *more* than the repair cost, well then there might be some negotiation but I think that's doubtful.
foxxxy's right,
I suggest you now cease any further contact with the seller, who has clearly revealed their (craven) agenda, and go through ebay, who will likely force the seller to do the right thing (as per foxxxy's suggestion).
I can see no reason for the seller to have a portion of your insurance claim...to fill out a form or make a phone call on behalf of a paying customer should be considered (if nothing else), the cost of doing business...
Thanks to those who have...
Thanks to those who have given concrete and constructive feedback, especially the sharing of Foxxxy because that's the exact guidance I needed. After reading the first couple of responses, I, for a second, questioned whether I was the one being greedy or I did something wrong, as some sarcastically suggested that I got what I deserved. It really shows a broad spectrum of helpfulness on this forum.
I've already filed a case with eBay and I'll certainly keep you all posted. Thanks again to those who actually tried to help.
Update
Here's a little update. I've filed a case with eBay and the seller complied by submitting the paperwork to the shipping company. It'll take who knows how long for a check to be generated and I've been advised by eBay to escalate the case to indicate that I want the full amount on the insurance check refunded back to me. That's where I feel a little weird because of the following reasons:
1: I don't think the seller should keep any of the check because the check is to cover the loss and he has not suffered any loss.
2: The reason I offered the seller 1/3 of the claim is because I thought I had no choice or he could have just pocketed the whole claim. But now that I"m not informed of my rights, I feel that I have more options and I don't have to give him anything.
Morally, I feel that I "owe" him 1/3 because I said it in the beginning. On the other hand, it doesn't feel right to give money to someone who tries to exploit you.
kin1117
Glad to hear you've made progress with your claim!
As for any comment either way about a morality call, only you can, (and should), make it. Regardless of whether the seller is an evildoer or not, whether they tried to exploit you or not shouldn't be the deciding factor...it's whether you can live with yourself with what you do about it...
Just do what is right for you, as you see it...
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