who is it responsibility if the parcel was inspected by country customs and is not ne

[cefojem702]

greeting from russia!
i would like to get some help please if possible. ordered a brand new sealed go pro 7 off ebay.com

when the item arrived to my country it was inspected by russian customs. i dont know why they did it but they did not care about careful inspection at all. so when the item arrived to me its not new, it looks used and can not be used as intended. and it supposed to be a gift

the seller refused to take return

before i will start a case i would like to know who is responsible if the item was inspected by customs officer and it is used now when it was brand new?

sorry for anything english isnot my first language
thanks

[agent006140]

Seller is expected to deliver an item as described,so if it is new,and now not new,seller has to accept responsibilty.
He has to refund or replace and then take it up with his insurer.
You can file a dispute with EBAY within 30 days,and you should get your money back,but EBAY would ask you to return the item,and seller is supposed to send you a return label which he canno do since he is in USA and you are in Russia,he should send you money to pay for a label.ifyou tell him how much it costs

[agent006140]

just curious,what did the customs do to your item so it is now used,and not NEW?

[phaz0rz]

Open a return request if that's what you want to do. You should include pictures showing the damage, because otherwise, eBay may want you to pay for return shipping. You have the right to return whatever you bought regardless of how it arrived, how it was delivered, the condition it arrived in, or anything else. The buyer is always allowed to return something bought on eBay.

[cefojem702]

Originally Posted by agent006140

just curious,what did the customs do to your item so it is now used,and not NEW?

it was brand new apple watches s4. customs officer damaged the box while inspected and the box is look terrible now. i can not consider this item as new

[cefojem702]

Originally Posted by agent006140

Seller is expected to deliver an item as described,so if it is new,and now not new,seller has to accept responsibilty.
He has to refund or replace and then take it up with his insurer.
You can file a dispute with EBAY within 30 days,and you should get your money back,but EBAY would ask you to return the item,and seller is supposed to send you a return label which he canno do since he is in USA and you are in Russia,he should send you money to pay for a label.ifyou tell him how much it costs

i dont know what was the price for seller to send my order from his country to me. but i do know that its very expensive to return the item from my country to seller.

the item price was almost 500 usd with shipping

and i have to pay like 230 usd to ship it back

is the seller obligated to cover ALL my shipping costs in this case?

[cefojem702]

Originally Posted by phaz0rz

Open a return request if that's what you want to do. You should include pictures showing the damage, because otherwise, eBay may want you to pay for return shipping. You have the right to return whatever you bought regardless of how it arrived, how it was delivered, the condition it arrived in, or anything else. The buyer is always allowed to return something bought on eBay.

sellers policies states no returns allowed
how am i supposed to return the item if he reject my return?

[cefojem702]

i have no idea why i spelled apple watch instead of go pro in the post above.
i was lurking on ebay and it was in recommended items to buy
probably thats why. sorry

[cefojem702]

Originally Posted by agent006140

Seller is expected to deliver an item as described,so if it is new,and now not new,seller has to accept responsibilty.

is it what ebay policies state? if so can u please provide a link to ebay policies with that statement?

[agent006140]

it is not Ebay policy,but understood in retail business,you buy an item ,it said new and it turns out not so.
Ebay has a 30 days Money back guarantee MBG,in 30 days you file item not as describe dispute,if seller does nothing,Ebay will step in and ask you to return the item to get a refund.
Ebay or seller will give you a return shipping label,but in your case,they cant print you a Russian label,so you need to ask the seller .
Look up Ebay MBG ,foreign shipment may even be more than 30 days

[agent006140]

or just go to your MY EBAY,look up the order and file dispute of item not as described.

[agent006140]

Originally Posted by cefojem702

sellers policies states no returns allowed
how am i supposed to return the item if he reject my return?

your item not as described TRUMPS seller no return policy,just go and open a case.
make sure it is item not as described.
( YOU SAID box is no good,but is the watch good,like NEW?)

[Pedroalva]

The seller is not responsible if they damaged the item at the duty custom ,should fill a claim to the inspector,
but is always true that if you decide to send back to the seller as item damage and provide the photo eby will stay at your favour as usual

[agent006140]

seller is responsible for delivering an item as described,in his case,it is not as described.
seller should refund/replace,if insured,then file claim.
cant go after the Customs,so if no insurance,seller eats the loss.
thats what insurance is for,to protect the seller.

[rsot]

Welcome to the forum OP - all the best as you master stealth

Joker says Hi - YouTube

Joker says Hi - YouTube

Seller can't simply reject the return - you have the right to do the return - listen to advice of posters

[prodigyace]

This is why some people refuse to ship overseas.

Sucks, but its technically the sellers responsibility.

[Pedroalva]

Originally Posted by agent006140

seller is responsible for delivering an item as described,in his case,it is not as described.
seller should refund/replace,if insured,then file claim.
cant go after the Customs,so if no insurance,seller eats the loss.
thats what insurance is for,to protect the seller.

If the item is damaged during the transit is not the seller fault if he did already the job to send the item in good condition ,once the package is given to a third part is not his responsibility anymore what happen next .
If the seller decide to do an insurance it is a protection to him against the buyer that when receive the item that knows has damaged during the transit but instead to go to claim against courier/ custom decide to guilt the seller in this case he is protected and not having the loss

[agent006140]

I dont think you understand ,carrier works for the seller ,the seller chooses the carrier to perform a task,if you hire someone to work on a job and he fouls up,you are responsible.
In this case,the culprit is the Russian customs,you cant go after the customs,so thats where insurance comes in,to protect you from such losses,other losses would be force matur-earthquake,volcano eruption,war,hurricane.
There is no such thing as I HAVE DONE MY JOB,I shipped the item.
question for buyer-
if box is damaged but the watch is not,must he have the box?
may be seller can get him a box?

[Pedroalva]

When the seller send the item in good condition and protect it then give it to the shipping company and the courier is going to damage it during the transit is not the seller fault
Also a kid of 5 years old knows it

[james13v]

Originally Posted by cefojem702

it was brand new apple watches s4. customs officer damaged the box while inspected and the box is look terrible now. i can not consider this item as new

This. This is why I never ship to Russia. Every Russian KNOWS that your customs office is garbage. You know that. We know that. Even ebay reps recommend not to sell to Russia. Why looking through GO Pros for sale, I can't even find one with Russian shipping

As a Russian myself, people like you make us all look bad. I always have problems with Russian buyers, even if I some how manage to avoid having a problem with Russian customs, which in itself is almost inevitable . You're seriously going to cost the seller $100's because your customs office destroyed the BOX? No matter how good the seller packaged it, even if they wrapped it in 30 feet of bubble wrap, how can they possibly prevent your customs office from opening it and damaging it? If someone gave me a $400 gift, I'm pretty sure I could overlook some damage to the box.

Go ask your customs office why they destroyed it. Take some responsibility.

[james13v]

Originally Posted by Pedroalva

When the seller send the item in good condition and protect it then give it to the shipping company and the courier is going to damage it during the transit is not the seller fault
Also a kid of 5 years old knows it

the problem is, ebay bends over backwards for buyers, so based on ebay rules, it IS the responsibility of the seller. And if a seller does free returns, they are even responsible for getting the item back to themselves lol

[JamesNorth101]

Originally Posted by Pedroalva

When the seller send the item in good condition and protect it then give it to the shipping company and the courier is going to damage it during the transit is not the seller fault
Also a kid of 5 years old knows it

While its not directly the sellers fault it is down to the seller to offer a refund or a replacement and then see to claim the cost back from the courier