Quote:
Originally Posted by Mark17
Totally different situation. You're right, your item was damaged in transit. You didn't contribute to the damage (let alone cause it) because the damage occurred before it was in your possession.
The OP damaged his own card after it had been successfully shipped and delivered without damage. The seller didn't damage it, neither did the carrier. It arrived safely.
Here's a question: Suppose the OP brought the envelope with the card in it over to a coffee table and before opening it, spilled something liquid on it. Would he claim that to be the fault/responsibility of the seller, too, since had it been packaged better, it wouldn't have sustained damage?
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Your argument that the card arrived safely so it's the buyer's fault is just plain ridiculous! It was the seller's negligence that caused the card to get ripped. Had the card been packaged properly, it wouldn't have ripped.
Let's say you take your car to the quick lube place for an oil change. They drain the old oil, replace the oil filter, fill the engine with new oil, but forget to replace the oil cap. A week later you blow the engine because all the oil came out through the oil fill and the engine had no lubrication. You expect the quick lube place to do something about it, but they tell you, "Well, it was full of oil when it left".
That's basically what you're telling the OP. No, the quick lube place would be responsible. It doesn't matter that it was full of oil when it left or that you drove it and blew all the oil out, it was their negligence that caused it to happen. Same case with the card. It was the sellers negligence that caused it to happen.