Want others opinions, who's at fault ?

gothgirl

gothgirl

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did you ask if he wanted the lens back?? to be honest it sounds like half a dozen of one and 6 of another.
 
Sounds like a bit of both really? I'd never throw away an item that has this kind of problem until the issue is resolved..... However the bad packaging is their problem not the courier. The courier is paid to take the item from one place to another, and if it didn't have fragile labels etc pasted all over it then chances are the courier isn't going to give it much love and attention.
I would have kept the item until the issue was resolved if I am completely honest, but if I did throw it away and the seller wanted it back first regardless of condition then I suppose I'd have to just say it was binned :/. It's the same sort of thing for purchasing from shops I guess? If you went to Curry's and brought a lens and came home and it were broken, then you'd take it back :( sorry if it's not what you wanted to hear?
 
No I didn't ask if he wanted it back

But since he had said to me "I will refund you on x date" and said nothing about sending the lens back , I assumed he didn't

And when I heard nothing else until I ashes where the refund was I assumed he didn't want it
 
Im afraid I would have expected to return it if I had asked for a refund whether it was stated or not.
 
Yes I suppose it's my fault too ,

I did tell him id thrown it , or I'd have happily returned it

but it wasn't exactly L glass ... I assumed the lens being worth £40 including shipping it wasn't worth the hassle of sending it back damaged to him and that's why he hadn't requested it .
 
Nick_1981 said:
Im afraid I would have expected to return it if I had asked for a refund whether it was stated or not.
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Yes I just wish he'd said he wanted it

Why give a date saying I'll refund you on Tuesday , then on Wednesday say hang on no I want it back ... If you planned on refunding me Tuesday why not tell me you want the lens back and give me an address to send it too... Rather than waiting until the day after the refund was due to bring up the return

Safe to say I'll never be throwing anything again
 
He was at fault for not packing properly. You were at fault for throwing away his lens (I say HIS LENS because when you refund, you effectively buy back). Since you don't have the goods anymore, he can't buy anything back, which is fair enough - you wouldn't do that for any retail refund and if you did, you'd get the same response.

Lesson learnt.
 
gothgirl said:
This doesn't apply to TP

I bought a lens off someone and paid to have it shipped with my Hermes

The lens was sent in its box, with the labels stuck on it , no padding whatsoever , wasn't even in a Jiffy bag, so it arrived damaged, broken and not working

I messaged the seller as soon as it arrived , sent photos and explained it was damaged

He apologised , said the courier was crap (really? Sure it's not the fact you didn't pack it :-/) and said he'd refund me in 2 weeks or so (when he was paid)

Fair enough

Nothing more was said , the lens was chucked as it was useless and only cost £40 posted so not worth anything for spares

It came to the day after refund was due , and having not heard anything I requested refund through PayPal

Seller messaged requesting case cancelled , and lens returned before he'd refund

I said to him hang on you never mentioned wanting the lens back, I threw it away after sending you the photos, why would you wait 2 weeks until the day AFTER you were due to give me a refund ?

Anyway he refused to give me a refund unless I sent the lens back,

I told him why did you wait until now to tell me you wanted it back,
I would have happily sent it back at my own cost if I'd known but it was never mentioned that he wanted it back and as I sent photos showing the damaged lens, I assumed that was that

I even said I'd consider a 50% refund and put it down to experience but still he refused

It really puts me off buying from people
I suppose It's my own fault to a degree but I'm biased I suppose

I wanted people's opinion

Do I chalk it up to experience ?
Or was he out of line ?

What would you do in the sane situation ?
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More info is needed .Was it bought from a trader/business seller? was it bought at a fixed price or auction?.How /where was it bought from?.Do you still have the photos?Was it signed for on delivery as damaged?
 
No not signed for post

Private seller

Fixed price

Selling site
 
Doesnt matter where it was bought or who from IMHO .. Also doesnt matter whos fault it broke.... If you want a refund you ahve to send it back.. You dont get to keep the lens and your money back.. no matter what the condition...

Sorry but a bit daft to throw it away if you wanted a refund.. he wont have said he wanted it back as he would have presumed he would be geteting it back if your getting the money back..

IMHO :)
 
gothgirl said:
This doesn't apply to TP

I bought a lens off someone and paid to have it shipped with my Hermes

The lens was sent in its box, with the labels stuck on it , no padding whatsoever , wasn't even in a Jiffy bag, so it arrived damaged, broken and not working

I messaged the seller as soon as it arrived , sent photos and explained it was damaged

He apologised , said the courier was crap (really? Sure it's not the fact you didn't pack it :-/) and said he'd refund me in 2 weeks or so (when he was paid)

Fair enough

Nothing more was said , the lens was chucked as it was useless and only cost £40 posted so not worth anything for spares

It came to the day after refund was due , and having not heard anything I requested refund through PayPal

Seller messaged requesting case cancelled , and lens returned before he'd refund

I said to him hang on you never mentioned wanting the lens back, I threw it away after sending you the photos, why would you wait 2 weeks until the day AFTER you were due to give me a refund ?

Anyway he refused to give me a refund unless I sent the lens back,

I told him why did you wait until now to tell me you wanted it back,
I would have happily sent it back at my own cost if I'd known but it was never mentioned that he wanted it back and as I sent photos showing the damaged lens, I assumed that was that

I even said I'd consider a 50% refund and put it down to experience but still he refused

It really puts me off buying from people
I suppose It's my own fault to a degree but I'm biased I suppose

I wanted people's opinion

Do I chalk it up to experience ?
Or was he out of line ?

What would you do in the sane situation ?
Click to expand...
More info is needed .Was it bought from a trader/business seller? was it bought at a fixed price or auction?.Ho /where was it bought from.Do you still have the photos?
gothgirl said:
No not signed for post

Private seller

Fixed price

Selling site
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Have you got the photos? have you got a copy email of him saying he will refund you in 2 weeks with no mention of returning it.
 
To be frank, throwing the item away without first checking if it needed to be returned was a pretty daft thing to do imho.

Only thing you can really do is open a dispute and hope they favour yourself.
 
kestral said:
More info is needed .Was it bought from a trader/business seller? was it bought at a fixed price or auction?.Ho /where was it bought from.Do you still have the photos?

Have you got the photos? have you got a copy email of him saying he will refund you in 2 weeks with no mention of returning it.
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Yes still have the photos
Yes I have a copy of the messages saying hell refund
 
I would not have accepted the two weeks before getting a refund - I think that was where things started going astray for you.
 
Yip, I'm afraid that sums it up. The seller was at fault/negligent for failing to package the lens properly, and he should have made it clear that he wanted you to return it when you asked for a refund; but you made a mistake by binning it before the matter was resolved to your satisfaction. You effectively exercised the right of an owner when you threw it away.

This is at an impasse. He's insisting that you return it before he'll refund you, which isn't all that unreasonable, but you obviously can't comply. It's probably not worth arguing about over £40 and I'd just chalk it up to experience.
 
Thank you for everyone's honest opinions

This thread can be locked now as I've got enough info , thank you to everyone who contributed

Luckily enough I got another lens cheap on eBay as it's got a few small scratches , none that affect the image though

Will have to hope they decide in my favour and if not, stomach the loss and chalk it up to experience , and better communication in the future
 
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KIPAX said:
Doesnt matter where it was bought or who from IMHO .. Also doesnt matter whos fault it broke.... If you want a refund you ahve to send it back.. You dont get to keep the lens and your money back.. no matter what the condition...

Sorry but a bit daft to throw it away if you wanted a refund.. he wont have said he wanted it back as he would have presumed he would be geteting it back if your getting the money back..

IMHO :)
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Your wrong on this one Kipax don't start confusing things iif it was a trader DSLR aplies and you do not have to return an item.it is for the seller to make the
gothgirl said:
Yes still have the photos
Yes I have a copy of the messages saying hell refund
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If the item was damagad by HIS courier then it is his responsibility to make a claim against them for damage to the item.He has agreed it was damaged by them and not disputed that.He has told you he will give you a refund for the item in 2 weeks he did NOT state he required the item back as a condition of refund.He did not contact you within the two weeks to request where the item was and why it had not been returned.He has now refused to honour his original agreement with you to refund the money by attempting alter the original agreement by stating conditions which he should have made at the the time. So it is his fault and you are owed all the money and he should simply claim from the courier for their negligence.
There is no law saying you have to return something to get a refund it is for the seller to request it back if he dose not and agrees to a refund that is his own fault.Paypal and ebay have their own rules which say you must return things by recorded delivery in order to get a refund.But that does not remove your contractual rights they are in addition to them.
G
 
Personally I think he should refund you because who wants a knackered old lens back, If it was sent by Hermes "was it insured" He may be able to claim a refund back from them, but as you no longer have the item I don't know about that now. Also if it was bought from ebay or amazon you can write them and ask them to issue you a refund as your covered for damaged/lost or item not as described. If not it don't look like theres much you can do but not all private sellers are t***s, most are reasonable. but maybe at the very least you can leave them negative feedback if nothing else. Good luck.
 
kestral said:
Your wrong on this one Kipax don't start confusing things
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First off.. who are you tell me what to do? and second.. how can I be wrong when I was clearly stating an opinion not offering a fact?

wind yer neck in..
 
KIPAX said:
First off.. who are you tell me what to do? and second.. how can I be wrong when I was clearly stating an opinion not offering a fact?

wind yer neck in..
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Calm down guys

I appreciate everyone's opinion , and take it at face value

No need to argue , I consider the issue resolved and appreciate everyone who contributed
 
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