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Please help, what is the correct thing to do? (package damaged)

I would really appreciate your help/opinion regarding this situation I'm in!

I recently sold a Clint Eastwood autograph (on a 14x11 photo) on ebay for $289. In my item description I stated that the price included "free regular shipping" and the seller didn´t ask for either signed for or insured shipping.  

I posted the autograph well packed protected by dubble cardboard as seen below. Before doing so I asked my girlfriend if she felt the autograph were protected enough and she agreed that the package were good. I have previous sold over 200 autographs in Sweden where I lives, about 5 autographs here at AML and about 6 or 7 autographs on ebay without ever having any problems with them beeing damage while shipped. And I have packed these the same way I packed this one!

But today I got a mail from the buyer there he said that the package were damaged (see photos below) and the autograph had "a huge vertical crease in the photo, along with a few other vertical creases of a lesser extent". He then asked for a partial refund of $150 or he would send it back to me!

As said before, I packed as safe as I could, but the package is without a doubt damaged. But there is no way that the package would look like that if it would have been handled normaly by the postal service. There is two large creases, a visible "dent" over the X in "box" and the tape is pretty worn in the top right corner and the bottom left one, as seen on the pictures. 

 

I feel bad for the guy buing this, but what is the correct thing for me to do? Should I refund him $150 even though I feel that I have done nothing wrong and that this is the postal service fault?

How does ebays "buyer´s protection" work in a case like this, if the buyers files a complaint to ebay? Can he get his money back, without me losing mine?

Thank you for helping!!!

// Jan

PS. To Wascher: If you don´t think is enough autograph-related, please delete!

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As per the previous comments you cannot win this case under current eBay rules. The buyer says they paid for an uncreased photo, they got a creased photo.

The question is also about feedback. Will giving a partial refund ensure no feedback is given or are they likely from previous feedback left to give you a negative? If they are going to a give a negative then you may as well get them to send it back to you at their cost.

If negative feedback is unlikely then maybe give them a partial refund and see what happens. 

My gut feeling is this is a live and learn situation. Can you resell the photo for a similar price if returned damaged and is it worth a negative feedback for the hassle

I would have them send the photo back for full refund. Try to get out the bend and resell....or give him a refund and just take it as a learning experience.

Whenever I sell anything on ebay for over $250, they automatically choose signature confirmation, and say that it's highly recommended to protect the seller. From your photos it looks like you didn't use ebay shipping (hand written address) so I guess that isn't really applicable and I'm not sure how eBay international works. I've learned (been on ebay since 1998) that everything must be insured. I always factor it in to the shipping cost, and specifically state that shipping cost includes insurance.

I've had two items break in 15 years, both were fragile sports figurines. Because the package was insured, I got the full sale price, and the buyer got a full refund. Plus on both occasions the buyer fixed the items, so they basically got it free! Just make sure to hold on to the receipt from the post office and have the buyer take photos of item and package.

While ebay almost always sides with the buyer, One time ebay sided with me as a seller. I sold an oil painting. The buyer filed a claim saying it didn't match the description. He said the listing said that signed by artist on bottom right of painting, but his signature wasn't there. The artist signed with his initials and the buyer was claiming that initials don't equate to a signature. After quoting books of law, stating that even marriage certificates and wills can be signed with initials, he refused to give up and ebay ruled in my favor. Anyway, this isnt related to anything so I'll be quiet now. :)

One other thing...

For an expensive item, I almost never rely on cardboard alone. I use corrugated plastic sheets or even solid plastic in addition to the cardboard. You would have to apply extreme pressure to snap them before they would ever bend.

I agree Jan with the others. This is neither your fault or the buyers, and happens to most at least once. I would just issue a full refund and then get it back, flatten it and sell it. Ebay tends to almost always side with the buyer. It doesnt matter what the issue is, the buyer almost always gets the better end of the deal. 

Insurance is the sellers responsibility when they waive it they lose 100% of the time. 

Thanks guys for helping!!!

I have reached out to the buyer, but no response yet. In his first mail he said that he wouldn´t leave negative feedback so I shouldn´t have to worry about that.

I will take this as a learning-experience and have already added that my other items for sale will include insurance and also started looking for a shop nearby that sells postal tubes...

Thanks once again everyone and take care!!

I have had the same happen to me with an 16x20 photo that was sent flat not rolled as it should of been or sent with better packaging so this would not happen. The packaging you sent out to the buyer from what I can see from the photo you did not add on the packaging "Photo Inside please do not bend" this may of helped but I would only send out flat photos to the max of 12x8 anything over that I would put in a hard tube with acid free paper wrap around the image when in the tube but that's just me lol.

Just for the record: I recently bought a great item from Jan that arrived earlier this week. The packaging was good and the item came out without a scratch.

Thanks again, Jan!

Thanks Peter, I´m glad you like your autograph and that the packing were enough that time! :-)

But to be fair, I did ship your 20x16 item in a tube, so what the other guys in this thread have tipped me about is true. Not even me would ship a item that large in a flat package... ;-)

TROUBLE WITH CARDBOARD IS IT BENDS EASILY WITH THE GRAIN/CORRUGATE YOU HAVE TO MAKE SURE THE GRAIN GOES THE OTHER WAY ON THE OTHER/ BACK PIECE

Moral of the story -- insure stuff of value when you send it ... I just got a record in the mail from ebay and the mailman decided to fold it like a taco and cram it in my mailbox!!!  

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