johnnydrama Posted November 1, 2017 Share Posted November 1, 2017 Guys, Just like a lot of others on the forum I buy/sell a substantial amount of gear and I am always wanting to try something else/new. I have been extremely fortunate throughout the years not having to experience any damage issues with shipping, I've heard some of the nightmare stories. This is far from a nightmare, but still unique none the less and I would like some of your perspectives on how you believe the issue should be resolved between the shipper & the receiver (me). I'm going to try to keep this as short and simple as possible so it doesn't get too confusing. 10/14/17 - I purchase a JBL 560P Subwoofer with the Title (IN BRAND NEW CONDITION) on eBay for a BuyItNow price of $265.47 shipped to my door. 10/17/17 - Subwoofer arrives with cosmetic damage to the cabinet and one of the feet is broken per the pictures attached. Unit still works and functions properly. 10/22/17 - I file a damage claim to UPS online. 10/24/17 - Claim is denied by UPS and instructed to file a claim directly with UPS Store who packaged the item for shipment. 10/25/17 - I file a damage claim to UPS Store in Pekin, IL. 10/31/17 - Shipper picks up a check from UPS Store for total value of the shipment ($265.47) I do not want to return the item because it still functions as it should. I can live with the cabinet damage and I ordered a new foot from JBL for $13.50. Now what??? Quote Link to comment Share on other sites More sharing options...
dtr20 Posted November 1, 2017 Share Posted November 1, 2017 Sounds like the seller got paid twice. Now it's time for you to get a refund. If he puts up a stink, maybe suggest that you split the refund (worst case scenario). 2 Quote Link to comment Share on other sites More sharing options...
CECAA850 Posted November 1, 2017 Share Posted November 1, 2017 I would think the shipper owes you that check and you keep the sub. He's already been paid what he asked. 1 1 Quote Link to comment Share on other sites More sharing options...
Pats3of4 Posted November 1, 2017 Share Posted November 1, 2017 I have been in that situation. I would ask for half anyway. If the shipper is a decent seller he should bend over backwards to make you happy. He should either pay for the return of the sub and give a full refund or pay you for the loss in value. It’s no longer worth what you paid and this greatly reflects any resale value. Quote Link to comment Share on other sites More sharing options...
richieb Posted November 1, 2017 Share Posted November 1, 2017 Did you pay through PayPal? If yes, file a claim with them. I had this happen with a Klipsch sound bar bought through a verified dealer, it arrived DOA. After a couple attempts for resolution from the seller, I filed with PPal. Had a full refund in relatively short order. Or you can do the same with some credit cards, Am Ex for one. Quote Link to comment Share on other sites More sharing options...
willland Posted November 1, 2017 Share Posted November 1, 2017 Shipper sends you $$$ to buy new foot and repair cabinet. Bill Quote Link to comment Share on other sites More sharing options...
johnnydrama Posted November 1, 2017 Author Share Posted November 1, 2017 I essentially agree with all of you and that was my stance and felt I should be entitled to the entire refund. However the shipper is tying the purchase price to what the item is actually worth. The item retails for $799.99, therefore he feels the unit is still worth the $265.47 that I paid for it even with the damage. That said JBL blew these out in 2016 for $299.99 and that's probably what he paid for it. He ended up refunding me $110. Which is fine, it isn't really about the money. But was curious as to what you all felt the resolution should be. He became very defensive before issuing the refund in a couple of messages as to why he should keep the money and it's not really worth the trouble to me. My feeling is he asked a price, I paid it. The issue is I didn't receive what I believed I was buying, A IN BRAND NEW CONDITION SUBWOOFER. The sale price should have nothing to do with the refund. Thank you all for your input. Quote Link to comment Share on other sites More sharing options...
jimjimbo Posted November 1, 2017 Share Posted November 1, 2017 Why should the seller get paid twice? You are the one suffering the inconvenience. File claims with everyone involved...... 1 Quote Link to comment Share on other sites More sharing options...
jimjimbo Posted November 1, 2017 Share Posted November 1, 2017 Just now, johnnydrama said: The issue is I didn't receive what I believed I was buying, A IN BRAND NEW CONDITION SUBWOOFER. The sale price should have nothing to do with the refund. Totally agree. 1 Quote Link to comment Share on other sites More sharing options...
willland Posted November 1, 2017 Share Posted November 1, 2017 The seller should refund you the amount to make you whole. IMO, a negotiated amount. Bill Quote Link to comment Share on other sites More sharing options...
johnnydrama Posted November 1, 2017 Author Share Posted November 1, 2017 21 minutes ago, willland said: The seller should refund you the amount to make you whole. IMO, a negotiated amount. Bill That's essentially what happened however there was no negotiation. Just what he felt was reasonable. $110. These were his messages: My dilemma is if I refund all the money then you get the subwoofer plus more than I charged you for the item to begin with and only because I double insured the item through the shipping label and the packing insurance on my dime. I am not trying to short anyone here but am also looking out for myself and having you keep the item that has cosmetic damage only and still functions plus give you back more than was spent doesn't seem right to me I have never gone through this before. I do understand how much the sub retails for in stores around $700 and parts can be an expense but I already gave a great deal on it I can't give it away for free now plus extra money. I am just looking at it the way a store would, however, to get any refund from a store you would have to return the item to the store and they have those items insured they get the item back plus the money through their insurance for the item, this being a little different situation given that you are keeping the sub and are requesting more then you spent on it back through the insurance I purchased. I will give you $110.00 back and you keep the item. So the total cost of the item for you would be $147 with shipping included which I believe is fair given what was paid for it and its original actual value in stores and that it still functions and could be fixed for cheaper than the quote given if you go to a few different audio sites on the web and ask. Don't take this as me telling you this is set in stone I am simply telling you my thoughts before I acted on anything trying to figure out the correct way to do it. I know you want it all and the sub anyone would but I hope you see the other side also given this would all be a mute point if I didn't double insure it on my dime we would both be up the creek without a paddle. Again just let me know your thoughts on what I am saying, nothing is set. I got back the amount you paid for it as that was the amount I had it insured at. I had to send pdf pics of the receipts to UPS to get the refund.I paid 20 dollars on top of what you paid for shipping for just the labels insurance which was the insurance that was denied through UPS shipping dept. the other insurance I bought came with the separate insurance purchased at the UPS store when I paid $40 to pack and have it insured at the store which is the insurance the money came from, they are two are separate entities in that way I guess. My point with the amount you are asking is you are quoting me BMW prices for repairs when I sold you something that is a BMW but at the price of a Kia and you want the item and more than what was paid for it when in all honesty we both know if you removed the legs and put it on a thick rubber matting and maybe some wood filler or putty and some black stain its a $40 dollar fix and would still be better than any new sub for the price I sold it at to you. If you go on sites like Audiogon chat room you could find replacement parts for cheaper than factory if you wanted that instead. If I were a store they would need a return then they would give you back the amount you paid then the store gets the item and the money for damages where it can be fixed and resold for more money, so me saying keep the item that was bought for 220.00 and is worth 3 times that new or even just 1.5 times that in its current condition if you took the legs off completely and I will refund you 110.00 or half for the damage that can be fixed for functionality easily makes sense to me but you are quoting as if bought New. My point with the store analogy is they actually make out well when insurance they pay for is implemented they get the money and the item back for fix and resale so having you keep the item and giving you half your money back seems pretty fair to me given what was paid for it and not what it's worth brand new given I know the price. Quote Link to comment Share on other sites More sharing options...
wvu80 Posted November 1, 2017 Share Posted November 1, 2017 You are owned the ENTIRE AMOUNT of the refund check the Seller collected. YOU paid for the insurance. He was paid by you in full for the item and is not owed a penny more. Why should he profit from an item that legally belongs to you? Quote Link to comment Share on other sites More sharing options...
jimjimbo Posted November 1, 2017 Share Posted November 1, 2017 Yea, well, the Bay does have this thing called "feedback"....... Quote Link to comment Share on other sites More sharing options...
Ceptorman Posted November 1, 2017 Share Posted November 1, 2017 4 minutes ago, jimjimbo said: Yea, well, the Bay does have this thing called "feedback"....... That little feedback number can say a lot about a seller or a buyer. Maybe a threat of a bad rating might change the sellers mind. Quote Link to comment Share on other sites More sharing options...
willland Posted November 1, 2017 Share Posted November 1, 2017 IMO, neither seller or buyer should "profit" from the misfortune. I have been on both ends of this spectrum and both times we negotiated the refund. Both parties were satisfied. All you could have done was counter offered his offer. Bill Quote Link to comment Share on other sites More sharing options...
Nhpm510z Posted November 1, 2017 Share Posted November 1, 2017 (edited) Seller has been fully paid -- you should get the check as sub has significantly diminished value. You paid the asking price/market value. Make sure you recap what happened in the feedback...... Other potential buyers now know how seller stands behind their sale when something goes awry. Edited November 1, 2017 by Nhpm510z Quote Link to comment Share on other sites More sharing options...
johnnydrama Posted November 1, 2017 Author Share Posted November 1, 2017 His latest reply after I stated I felt I was entitled to the $243.17 which would cover a new cabinet from Parts Express and a new foot from JBL to get the subwoofer in LIKE NEW condition. I hope you see it from my side if you gave me what I paid for the sub to begin with which was around 650 then giving you 243 dollars for repairs Yes makes total sense I gave a deal on it already at a fraction of the original price. You never asked for a return or refund which again would have entitled you to your money back in full so keeping the sub and getting all the money for the insurance I paid for to protect myself seemed a bit much to me. I purchased insurance in case of return damage on my end which then would have meant you would have had to ship it back in working order without further damage then I would have refunded you what you paid and I would have had all the insurance money and the sub to fix it myself using parts here and resell it making more cash. I did get paid also but I made 40 bucks on top of what I paid for insurance and packing so 40 for the trouble and half back to you seemed more than fair given what you paid for the item. I apologize if the messages before seemed harsh I see from your last message you are just into Audio equipment like I am and want it as nice as possible and not trying to get one over as was initialy thought again apologies. Quote Link to comment Share on other sites More sharing options...
dirtmudd Posted November 1, 2017 Share Posted November 1, 2017 you are at a loss ...and should be paid in full...go through ebay channels...let them decide what you receive...had one problem with eBay....and was resolved though those channels.... 1 Quote Link to comment Share on other sites More sharing options...
billybob Posted November 1, 2017 Share Posted November 1, 2017 6 minutes ago, dirtmudd said: you are at a loss ...and should be paid in full...go through ebay channels...let them decide what you receive...had one problem with eBay....and was resolved though those channels.... May have missed it but, if an e-bay purchase, there is a mediation process there between the buyer, seller. At least that is what have been led to believe. 1 Quote Link to comment Share on other sites More sharing options...
Paducah Home Theater Posted November 1, 2017 Share Posted November 1, 2017 This was done incorrectly. Typically the way it goes: 1. you file a claim 2. UPS comes back a short time later and requires documentation such as purchase price and pictures 3. they will try to negotiate with you to get it repaired for a cheaper cost or at least compensate you for a fraction of the purchase price 4. if you refuse and say it's a total loss, they arrange for a UPS driver to pick it up for inspection 5. they will try to blame it on poor packaging if possible, but otherwise, they will keep it for salvage, sometimes returning it first then coming back to pick it up if they can't work a deal 6. if they agree, once they have the item and you've proven your case, they'll mail a check The fact that the UPS store gave out a check for the full amount without getting the item for salvage or inspection sounds pretty fishy to me. Quote Link to comment Share on other sites More sharing options...
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