Who is responsible?

[louise5754]

Item posted. Unused toys all boxed. Irrelevant really but RRP £80. They paid £30. All are identical so will be sold on for profit.

Just had an email with photos (5pm)
Box is soaked. The individual cardboard boxes are wet through and have collapsed. Toys are all plastic so all fine.

Just checked on Hermes. There is a photo of a high wide closed wooden gate.

Can't see the package on photo assume it's been left behind the gate.

According to Hermes it was left at 9.15am. It's possible it's been there since 5pm. 7 hours in the rain?

Is it down to the buyers, Hermes or myself to sort.

Thanks.

You will need to make a claim from Hermes.

I sympathise, but who is at fault isn't really of any use here. eBay rarely, if ever take the seller's side in any dispute, so your real choice is whether to say you sent this through a recognised courier, the products are fine so there is no issue, recognising that if the buyer complains, you'll lose; or whether you cut your losses and offer a partial refund now.

I would say it’s for them to take up with Hermes if they are unhappy. You fulfilled your part of the sale by dispatching the items to the correct address and surely can’t be responsible for when your chosen carrier delivers it.
Last time I had an expected Hermes delivery they provided options if I wasn’t going to be in but that was for an order from a company that had my mobile number.
Do you offer buyers a collect from a local pick up point option? If so they could have chosen to use it, and didn’t, so it’s their problem not yours.
I sell on eBay and keep meaning to offer this as I use it if I’m buying and am not sure there will be anyone in when it might be delivered. My pick up point is the local supermarket so it’s really convenient.
I get the impression that you think your buyers might have been planning to sell on what they’ve bought from you and now the boxes are damaged they won’t be able to do so - if I was your buyer I’d be annoyed that Hermes had left a cardboard box in the rain but it wouldn’t enter my head to ask you to do anything about it, although I might think that perhaps you could have used some sort of waterproof packaging to protect the boxes.

I would say it’s for them to take up with Hermes if they are unhappy. You fulfilled your part of the sale by dispatching the items to the correct address and surely can’t be responsible for when your chosen carrier delivers it.

In legal terms, this is entirely incorrect.

You need to make a claim with Hermes, and you need to refund the seller. If you want the goods returned, you'll need to cover the return cost also.

All different advice. I've no idea what I should do.

As the sender, you are the one whose contract is with Hermes, so you can make a claim with them.

What does the buyer actually want? If the toys were bought to sell on, they will be worth less unboxed so I think a refund is not unreasonable in the circumstances.

But then what do I do with them?

If I was the buyer I'm make sure I was in for the delivery or rearrange.

You are the one who has the contract with Hermes. The only way you'll have any sort of argument is if the buyer specified over the fence as somewhere to leave the package.

@louise5754

But then what do I do with them?

If I was the buyer I'm make sure I was in for the delivery or rearrange.

1. Arrange for seller to return them for a refund.
2. Make a claim with Hermes - check their small-print for what you can claim.
3. When you get the items back, re-list them at a lower price (or even as an auction with 99p start) sold as 'unboxed' - make sure you clearly say this in the listing.

Did you buy the postage via packlink? If you did then your contract is with packlink - with far less generous compensation terms - and not hermes.

I have found ebay help - them calling you - really useful recently so I'd start with that.

But yes, the end result will be you refunding them. That's just how ebay is now.

Ask the buyer to return the items for a refund.
When they arrive back at yours, refund the buyer, then relist the items.

In future always wrap items in plastic.

I've spoken to Hermes. I have to claim via Packlink. I've sold on eBay 16 years and never had this issue.

Sadly, knowing what eBay can be like, I think you've been quite lucky not to have had this type of issue in 16 years.

I hope you can recoup your losses with a claim/resale of the items.

I've had lots of crappy issues with eBay just not an item that was damaged due to rain lol

To the buyer / eBay, you’re responsible. The buyer has a contract with you for their goods to arrive in the condition as they were described.

However, you have a contract with the courier that they will deliver your good without damage.

You need to refund the buyer then claim back from the courier.

@19lottie82

To the buyer / eBay, you’re responsible. The buyer has a contract with you for their goods to arrive in the condition as they were described.

However, you have a contract with the courier that they will deliver your good without damage.

You need to refund the buyer then claim back from the courier.

Hi Im just in the process of doing this. Thanks.