Bought a LP on Ebay arrived with broken headstock

Discussion in 'eBay Deals' started by lorenzots, May 11, 2009.

  1. lorenzots

    lorenzots Junior Member

    Messages:
    23
    Likes Received:
    1
    Joined:
    Nov 13, 2008
    I bought a LP on ebay. It was shippied insured (nearly totally). Today I went to collect it form the currier and when I arrived home I descovered the headstock is broken. The box and gibson case are not damaged.
    The seller said tomorrow he will contact the currier to know what to do.
    What should I do?
     
    jonesy likes this.
  2. jonesy

    jonesy GLOBAL WIRING GURU MLP Vendor

    Messages:
    17,090
    Likes Received:
    4,350
    Joined:
    Mar 28, 2008
    A few things to consider, sorry it arrived damaged that had to be a bummer. I sell on ebay and do a lot of shipping.

    1. Take pictures
    2. Keep all original packing materials, very important for claims sometimes
    3. Maybe contact shipper on your end and make sure claim is started
    4. If you paid by paypal you can also report, item not recieved in condition you expected
    5. Keep in good communication with seller
     
  3. lorenzots

    lorenzots Junior Member

    Messages:
    23
    Likes Received:
    1
    Joined:
    Nov 13, 2008
    When I collected the guitar I asked the currier that handled the guitar in my country what to do if there was any problem and he told me that I should contact the person that shipped. As if he had nothing to do with this...

    I used paypal to pay for the guitar. Should I wait to see what the seller has to say or should I just report to paypal?

    What happends if the seller claims the guitar was sent not broken and the currier does not refound?
     
  4. jonesy

    jonesy GLOBAL WIRING GURU MLP Vendor

    Messages:
    17,090
    Likes Received:
    4,350
    Joined:
    Mar 28, 2008
    Well my best advice is try and work with seller, but insurance claims can take a long time and you may be denied depending on your country.

    Your best bet IMO is to file a claim with paypal. They will freeze the funds, and then you and the seller will have a chance to reply with his side. If seller does not give you refund paypal will decide, could take up to 21 days but it is part paypals buyer protection program.

    Depends on how seller is treating you, but if you paid with paypal you are protected if you file claim through them. If not you are at mercy of shipper and carrier.


    https://www.paypal.com/cgi-bin/webscr?cmd=xpt/Marketing/securitycenter/sell/ResolveIssue-outside
     
  5. jomo

    jomo V.I.P. Member

    Messages:
    11,047
    Likes Received:
    1,498
    Joined:
    Apr 23, 2008
    I've been through this. Contact the seller before freezing the PayPal. It's not a good feeling to go on your computer to see a couple grand missing out if your account. PayPal is going to hold the money if you do that right away and all you've accomplished is making the seller's mortgage bounce.
    If the seller is a stand up guy, he will file a claim right away and you will get refunded by him once UPS pays him. Like Jonesy said, they will want to see all shipping material, heck add some extra if you need to. You want them to approve this without BS. UPS will then take the guitar and junk it, so if it has good pickups in it or something, you can swap them. :laugh2:
     
  6. SKATTERBRANE

    SKATTERBRANE Banned

    Messages:
    21,435
    Likes Received:
    12,357
    Joined:
    Nov 26, 2008
    The shipper is the agent that paid for the insurance, he files the claim. The carrier will pick it up and return it to the sender. Once the sender gets his money back, he will refund YOU the money.
     
  7. JimmyAce2006

    JimmyAce2006 V.I.P. Member

    Messages:
    10,863
    Likes Received:
    5,583
    Joined:
    Sep 18, 2007
    I just won in a similar situation on Friday, May 8 last week. I bought a Jimmy Page guitar off ebay. The guy was not a guitar player & did not know how to pack the guitar. He agreed to let FedEx pack it & insure it for the full amount. Instead of doing what he said he would do, he packed it himself and did not insure it. (The guitar was $6200.) When it arrived, the toggle switch was completely severed, right through the metal. The metal stem was still screwed into the plastic tip, which was in the bottom of the case. The seller is lucky it was not the neck like what happened in your situation. I filed a dispute with paypal (item not as described), and I did everything paypal told me to do. If the seller had insurance, he would have needed to file a claim with the shipping company and schedule them to come and pick up the guitar. But since he did not file a claim or have insurance, paypal told me to send the guitar back to him (my expense unfortunately). they said that when he signs for the delivery, I will get my money back. And that is what happened. Of course, on the first delivery attempt, he refused the package, somehow thinking he can force me to keep the guitar and he gets the money. Even after paypal decided in my favor. See, when it escalates to a claim like it did in my case, both parties are under contract to abide by paypal's decision. But he did not. So I wrote him and told him what paypal told me: I was only obligated to make two delivery attempts; after that, I am in the clear and paypal refunds my money. If he refuses the delivery a second time, the shipper returns the guitar to me, in which case I would have the money and the guitar. I alerted him to this fact, and he called me a thief! It was his own stupidity that put him in that situation and i was giving him a heads up so that it would not happen. So he accepted the package on the next attempt. Two days later (yesterday), his girlfriend called me at 5:45am and told me to watch my back and she was contacting her lawyers and people like me need to watch my back (said it again) and someone would be knocking on my door in a couple of days. And he opened an unpaid item dispute with ebay (after he got the gutiar back and I got my money back), stating that he sent the item in perfect condition and that it was damaged in shipping and therefore my responsibility; I responded by stating what FedEx and paypal told me: as the shipper, he is responsible for opening a claim or dealing with the damage, thus the decision that was made in my favor in the case. He also appealed the decision. So I spent a good part of the day speaking with ebay & asking them why they would allow him to file an unpaid item dispute when paypal (owned by the same company as ebay) had already decided in my favor. They explained that is one of the reasons the dispute process is moving from paypal to ebay. They were also on my side. And I also spoke to paypal who said they had already made their decision in my favor & not to contact him anymore because it is between paypal and the seller now. What is he thinking? They are going to make me pay him again and let that idiot ship it again?? I also called the police and reported the threat made on my voice mail which I saved. They won't do anything because of her carefully chosen words, call marked as private, and she did not give her name. They said the best they can do is file a harassment claim if she calls again, assuming I can prove who she is. Bottom line, to protect yourself, open the dispute with paypal & follow their instructions.
     
  8. jco.1

    jco.1 Senior Member

    Messages:
    1,903
    Likes Received:
    816
    Joined:
    Jul 5, 2008
    I appreciate Jomo's point about trying to work with the seller, but I would open the dispute with paypal immediately. You can email the seller a calm, rational note letting him know that you have opened up a not as described claim only in the interest of protecting yourself. You do have this tool in this transaction, and should take advantage of it. If he is an honest seller, he shouldn't have a problem with this. His issue is with the shipping company for damaging his guitar, not with you for not wanting a guitar that was damaged in transit.

    Sorry for both of you, and best of luck to both parties involved in getting this sorted out.
     
  9. dennistruckdriver

    dennistruckdriver V.I.P. Member

    Messages:
    26,084
    Likes Received:
    2,758
    Joined:
    Apr 3, 2008
    If the box and case were not damaged, it was broken when it was shipped.
     
  10. Zappa

    Zappa Member

    Messages:
    59
    Likes Received:
    0
    Joined:
    Mar 16, 2009
    Good advice Jimmy. I wonder how many of these packing disasters guitar stores have to deal with. It's not like they totally pack their guitars as well as they could have.
     
  11. lorenzots

    lorenzots Junior Member

    Messages:
    23
    Likes Received:
    1
    Joined:
    Nov 13, 2008
    I just got this email from the seller:

    “Not a problem just wondered it there was anything obvious to help the claim. My husband has looked at the photos closely and feels that you can get a good repair done as it is split not shattered, however I will still talk to the company tomorrow about how we claim.

    Talk to you tomorrow"

    It seems pretty clear to me that he doesn't want to refound and get the guitar back.
    What should I do?
     
  12. DRF

    DRF Senior Member

    Messages:
    6,804
    Likes Received:
    2,997
    Joined:
    Nov 25, 2008
    I dunno, I've heard Gibson headstocks can break in the case.....when shipping-should loosen strings a tad and support with a lttle packing around headstock.
     
  13. dennistruckdriver

    dennistruckdriver V.I.P. Member

    Messages:
    26,084
    Likes Received:
    2,758
    Joined:
    Apr 3, 2008
    File your claim with eBay and PayPal NOW! You have a broken guitar, someone else has your money.
     
  14. jason_mazzy

    jason_mazzy V.I.P. Member

    Messages:
    5,420
    Likes Received:
    1,941
    Joined:
    May 3, 2009
    well wait till tomorrow see if they file a claim, help em out a lil, and if they do then maybe they will be of help to you next time. if not open the dispute, or get an appraisal and ask for 2x that back.
     
  15. Pink_Floyd

    Pink_Floyd Senior Member

    Messages:
    621
    Likes Received:
    4
    Joined:
    Mar 3, 2009
    It is not your problem you bought and paid for a guitar to be sent to you in a certain condition. It is now broken, the seller insured it so ask them to start the process of claiming.
     
  16. lorenzots

    lorenzots Junior Member

    Messages:
    23
    Likes Received:
    1
    Joined:
    Nov 13, 2008
    With the shipping company?

    Should I contact paypal anyway?
     
  17. jason_mazzy

    jason_mazzy V.I.P. Member

    Messages:
    5,420
    Likes Received:
    1,941
    Joined:
    May 3, 2009
    U have 30 days to file a claim. give the guy a chance. Do unto others as they do unto you. Then respond with overwhelming force if he does not do the right thing.
     
  18. diceman

    diceman V.I.P. Member

    Messages:
    29,932
    Likes Received:
    5,211
    Joined:
    Jul 5, 2007
    What is his ebay feedback like? Was it packaged poorly? If he has low feedback and it was packaged poorly, I'd do everything to cover your ass (knowing that you shouldn't have bought from someone with low feedback!). If they have strong feedback and the packaging was good, it is probably someone who is going to work with you and not try and screw you. Best of luck.

    The business with talking about "repairing it" makes me think that - like Dennis said - it was broken when he shipped it. LP's do break in their cases on occasion. I don't know why he'd suggest keeping and repairing it - that is nuts.
     
  19. diceman

    diceman V.I.P. Member

    Messages:
    29,932
    Likes Received:
    5,211
    Joined:
    Jul 5, 2007
    Also - what country is he in?

    More thought on this - but the bottom line is that he's got to get the refund and you need to get your paypal money back. You don't get compensated from the shipper, he does. He also shouldn't be "spending the money" before the item is delivered - I can't feel bad for him there...
     
  20. lorenzots

    lorenzots Junior Member

    Messages:
    23
    Likes Received:
    1
    Joined:
    Nov 13, 2008
    He has more than 500 feedbacks 100% positive. The guitar was well packed.
    He is in UK. I'm in Italy.
    I have the impression that he wants to get the money from the shipper and give it to me.
     

Share This Page