Shipping damage due to bad packing

[arghhh]

Hi guys,

I recently purchased some minis from a fellow BTer, we worked out the price and everything no issues. He is in Canada and I am in the US. I sent payment via paypal drawn from my amex card in CDN plus extra to cover the paypal fees. I received the box and found minimal packing supplies and all the minis bunched into ziplock bags. It is pretty much catastrophic damage, mini's ripped from bases, paint chips everywhere, plastics broken off, etc. I sent the seller a note and got a reply saying not his fault, what ever happens between his house and mine has nothing to do with him. I let him know he should file an insurance claim and I can provide pictures to back up and damage.

I was sort of surprised by this, I was under the impression that it was the sellers responsibility to get it to the buyer in the condition listed in the description.

I have put up some pictures of how it was shipped under the link below.
http://imgur.com/a/wtisc

I would gladly return the items for a refund but if the seller refuses to do anything am I right to file a paypal dispute and if nothing comes of that, file one from my Amex?

Thanks!

[s_o_r_r_o_w]

The seller does have responsibility for getting you what he said he would get you--what was the description in the trade ad?

[arghhh]

"many are painted or basecoated"

It was not said or implied that the models were anything but used, nothing broken or missing was listed in the ad.

[porkuslime]

Do you have a copy of the trade ad in your PM history, or in general, your PM exchange? Was condition of model or photos ever mentioned?

(btw, thanks for the link to the ad)

[kturock]

insurance won't cover it if it wasn't packaged properly.

if the outside of the box was crushed, then that's damage caused by the handling. even a well packed item can be damaged then. inusrance will usually cover it.

if the outside of the box is still like when it was mailed, then it's improperly packed, and it's the senders fault. insurance won't cover it.

minis should be wrapped seperately and thoughly.
loose/open space in the box should be filled with some non-crushing, non-colapseing material; like air bages, bubble wrap, stryofoam or other foam. for some items, compressed plastic bags will work.

don't have any of the above? you should be able to buy a cheap styrofoam cooler chest at a local store for under $2. break it up and use the pieces.
you can save the packing from items bought in stores. new tv, or other electronic item, save the foam. you can use it to make terrain or break it up to make packing material.

[MagickalMemories]

You're absolutely right, kt. I don't think the question here is if it's USPS' fault or if they should fix it. The issue is the fact that the guy who sent him this stuff (a) didn't pack it right, (b) didn't seem to clearly represent his items, (c) is refusing to accept his own responsibility for this and (d) has apparently not read the rules.

@ OP

It is the SELLER'S responsibility to ensure that his items are accurately represented and described. Anything more than "on sprue" should be detailed. Additionally, it's also his responsibility to ensure that the items get to you in the same condition that they were prior to shipping.

If he did not tell you about assembly/priming/painting, then it's HIS fault/responsibility.
If he did not properly package/protect the items in the box, then it's HIS fault/responsibility.

Along those same lines:
Didn't pay for insurance or offer your trade partner the opportunity to pay for it and something was destroyed in transit? It's the shipper's responsibility to make right.
Didn't pay for a Delivery Confirmation or offer your trade partner the opportunity to pay for it and sthe package came up missing? It's the shipper's responsibility to make right.

These are OUR rules. They're posted publicly.
You might want to provide a link to this thread to your trade partner.

PayPal MIGHT help you. You can try them. If it was me, though, I'd go STRAIGHT to my credit card company if the guy won't make you whole on the deal. Heck, in your shoes, I'd also require him to pay for return shipping.

Eric