Partially ripping a card opening the mail

ALR-bishop · #1 06-11-2016, 04:47 PM

Everyone seems to agree the method of shipping was completely unreasonable. Most, but not all, think the seller is responsible for the damage that occurred after the item arrived. The question I raised earlier is assuming the seller tells ebay the item arrived undamaged but that it was damaged in opening the package because the method of packing was unreasonable, what is ebay likely to do in that situation ? I guess we will find out.

I have personally come closer to damaging cards I received because they were entombed in tape and bubble wrap to protect them

Patience in opening is a true virtue.

I have to say Frank, I have not yet experienced the block of ice shipping method

steve B · #2 06-12-2016, 06:47 PM

It can be debated whose fault it is.

What I can say is that had it been insured the USPS wouldn't pay out because it was packed poorly. I've seen this firsthand with a damaged phonograph that wasn't packed with enough packing material. Oddly the USPS people themselves recommended adding packing material to the package before bringing it in for inspection. "Make sure there's enough packing material in the box or we won't cover it" They did cover repairs done by someone in the business based on a quote. The reduced amount probably made it easier.

Funny story.
A friend used to sell needles for the old Victrolas. One day he gets home to find a message on the machine from the FBI. One of the buyers forgot he'd bought them and called the police about the "suspicious package" he'd just received. What was pretty cool was that by the time he'd come home the package had been "neutralized " and the agents were only wondering if they were correct in thinking the contents were Victrola needles. A quick explanation and the number of the Ebay listing cleared it all up. The guy left positive feedback and never asked for replacements for the ones that got blown up.

Steve B

Mark17 · #3 06-12-2016, 07:52 PM

Quote:

Originally Posted by steve B

It can be debated whose fault it is.

What I can say is that had it been insured the USPS wouldn't pay out because it was packed poorly....

No, USPS wouldn't pay out because it was delivered safely and they don't consider it their responsibility to stand by and assist the recipient in opening his envelope.

Bridwell · #4 06-12-2016, 09:13 PM

Ebay and PayPal tend to support the buyer. I agree that Pete deserves a full refund and I expect he will get it from Ebay or PayPal. It amazes me how sellers can be so careless in their packaging. Careless packaging is clearly the sellers fault, IMO.

steve B · #5 06-13-2016, 11:23 AM

Quote:

Originally Posted by Mark17

No, USPS wouldn't pay out because it was delivered safely and they don't consider it their responsibility to stand by and assist the recipient in opening his envelope.

The item I saw firsthand was also delivered "safely" - No apparent damage to the box on delivery. The damage was entirely due to poor packing.

A card simply placed in an envelope with nothing else is poorly packed, and proper packing is the shippers responsibility.

Steve B

Mdmtx · #6 06-13-2016, 12:08 PM

I feel badly for the op and I agree that the seller failed. But I also believe the op failed to exercise caution and the liability should be shared by each. Neither party is 100% liable or 100% clear. Maybe the best outcome would be a 50/50 deal. Just my .02.

Mark Medlin

Mark17 · #7 06-13-2016, 03:39 PM

Quote:

Originally Posted by steve B

The item I saw firsthand was also delivered "safely" - No apparent damage to the box on delivery. The damage was entirely due to poor packing.

A card simply placed in an envelope with nothing else is poorly packed, and proper packing is the shippers responsibility.

Steve B

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?

vintagetoppsguy · #8 06-13-2016, 07:00 PM

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?

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.

packs · #9 06-13-2016, 08:23 PM

Quote:

Originally Posted by vintagetoppsguy

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.

I think it's more like I handed you something that was wet and you then took a step and dropped it. You're pointing your finger at me because it was wet but I'm saying it was right in your hand.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Ripping Apart More 1 of 1's, plus a Custom Frame and ... a Lego Relic Card?	mouschi	Watercooler Talk- ALL sports talk	0	06-28-2015 02:37 AM
WTB 1958T Morrie Martin YL - Somebody is ripping me off	BleedinBlue	1950 to 1959 Baseball cards- B/S/T	0	06-01-2015 07:08 PM
April 10 1962 Opening day ticket - Dodgers Stadium Grand Opening	Drift	Baseball Memorabilia B/S/T	0	04-28-2014 03:58 PM
FS-1970 Yankees Opening Day Stub-Thurman Munson's First Opening Day Start	daves_resale_shop	Baseball Memorabilia B/S/T	0	02-27-2014 06:18 PM
FS-1970 Yankees Opening Day Stub-Thurman Munson's First Opening Day Start	daves_resale_shop	Baseball Memorabilia B/S/T	2	11-04-2013 09:15 PM