Electronic Signature delivered goods

[Illy]

Dear all, I must ask your advice again.

 

I purchased a used electronic item from Ebay (PayPal payment method), TNT delivered the item.

 

My mother signed an electronic device, the delivery man only said sign here, he was also stressed and was behind time; he was desperate to get away.

 

When the large box taken inside (it took my mum and dad to get it into the house), it was opened later when I arrived home, I found that the contents were damaged. The box was marked fragile.

 

I contacted the seller within hours of opening the package with details of the damaged goods, I later took photos of the box and damaged goods and sent them too.

 

TNT told the seller we are not covered by the delivery insurance because my mum signed for the delivery as intact, even though it was obvious to the delivery man that the package contents had not been checked before rushing off.

 

1. Parcel was not opened by my mum, because it was not for her

2. Nowhere on the signing device did it say, signed for intact or otherwise

3. No paper work was given with terms and conditions

 

Where do we stand with regards to insurance?

 

Thank you.

Edited April 21, 2012 by Illy

[Illy]

As I see things, to establish a legal contract, terms and conditions have to be read and signed, this did not happen.

A verbal contract took place: "sign here;" the courier did not explain that the package was being signed for as intact, only that the parcel was being receipted as handed over.

 

My mother, who is intelligent, thought she was signing for "received & unchecked, as the courier was fully aware the package was signed for but unchecked before the courier left the premises.

 

I searched the internet for answers, but it seems like courier firms are a law unto themselves, no clear answers.

 

Hope this addition helps with finding out where I stand.

I am hoping this is posted in the correct forum section too.

 

Thank you in advance for any help you may be able to give.

[ashmk]

What TNT say to the seller has nothing to do with you, the seller is the one with the contract with TNT not you.

 

You brought something, it arrived 'not as described' ie damaged, therefore you must open a dispute (via ebay resolution center) with the seller.

 

Do not close the dispute for any reason untill you are happy. Once you close you cannot open another. Some sellers trick people into closing.

[Illy]

Thank you ashmk,

 

I have taken your advice and filed a dispute with ebay.

I had sent the seller descriptions and photos including packaging of the damage.

The week of silence is disturbing!

 

You are very kind indeed for pointing out that I could file this dispute with ebay

 

Illy

[ashmk]

[blitz]

Just am emphasis on Askmk's point of do not close it until its sorted!

[Illy]

Thank you,

[Illy]

Dear all,

 

The seller is keeping quiet, therefore I have given the seller a date in which to reply before I escalate the dispute to an Ebay decision maker.

 

I have been doing some reading, TNT compulsory insurance is calculated by weight, not value, so I think the seller did not adequately insure the delivery.

I estimate the repair will cost approx £350 - £400, I paid about that for the goods.