[shezdoni]

This brings up a good point...I am not talking from experience but just now thought of this. As a buyer, you said that the card was packaged very well and that the damage appeared to occur in transit which means it really was no fault of the seller. As a buyer, you always have to option to pay for insurance for just this kind of accident.

In your case, I think it's great that the seller is accepting the card back and giving you a refund so basically the money is coming out of their pocket for something that they were not responsible for. All of the posts seem to agree that this is what the seller should do and I agree but what about the seller? I have sold several cards on ebay and thankfully I have not had any issues with people saying that the card arrived damaged or not at all. Most cards I sell are low in value so it wouldn't be a big deal anyway...but what recourse does a seller have in this case?

With the way eBay and pay-pal have their rules set up, the seller has no recourse, they will always find in favor of the buyer if the buyer file's an "item not as described" dispute. Unless

However, if you put a "disclaimer statement" in your auction listing, stating your not responsible for any damage or loss that may incur during shipping, if the seller does not purchase insurance, then basically there is nothing eBay can do about it..

[eric j]

With the way eBay and pay-pal have their rules set up, the seller has no recourse, they will always find in favor of the buyer if the buyer file's an "item not as described" dispute. Unless

However, if you put a "disclaimer statement" in your auction listing, stating your not responsible for any damage or loss that may incur during shipping, if the seller does not purchase insurance, then basically there is nothing eBay can do about it..

I have gotten lucky when selling on Ebay I haven't had any issues either, but yes, Ebay definitely sides with the buyer on just about everything. I was not aware of the "disclaimer statement" though, I will try that next time. Although it makes you wonder how many people would look at the auction read that and then not bid for fear you will mess up the card...

[shezdoni]

I have gotten lucky when selling on Ebay I haven't had any issues either, but yes, Ebay definitely sides with the buyer on just about everything. I was not aware of the "disclaimer statement" though, I will try that next time. Although it makes you wonder how many people would look at the auction read that and then not bid for fear you will mess up the card...

You word it something like this;

Disclaimer;

I am not responsible for any loss or damage while item is in transit during shipping by {US Postal Service, FEDEX, or UPS}, unless you purchase insurance and I strongly request that you do purchase insurance.

Make sure you put it in BOLD type so that they can't say that the disclaimer was unnoticeable.

Once the buyer wins the auction, it then becomes a binding contract, and if they open a dispute, you can refuse refund on the notice of disclaimer statement.

Every company that does business on the internet or through mail order, has a disclaimer notice concerning lost or damaged packages incurred during shipping, even eBay has a disclaimer notice

You might find this helpful

http://www.wisegeek.com/what-is-an-ebay-disclaimer.htm

[charbs1111]

You word it something like this;

Disclaimer;

I am not responsible for any loss or damage while item is in transit during shipping by {US Postal Service, FEDEX, or UPS}, unless you purchase insurance and I strongly request that you do purchase insurance.

Make sure you put it in BOLD type so that they can't say that the disclaimer was unnoticeable.

Once the buyer wins the auction, it then becomes a binding contract, and if they open a dispute, you can refuse refund on the notice of disclaimer statement.

Every company that does business on the internet or through mail order, has a disclaimer notice concerning lost or damaged packages incurred during shipping, even eBay has a disclaimer notice

You might find this helpful

http://www.wisegeek.com/what-is-an-ebay-disclaimer.htm

FYI - EBAY (as in paypal) does NOT honor those disclaimers. They still side with the buyer. So unless youre willing to then take paypal to court (and in many cases lose), your disclaimer means nothing. The description of the product has to match what the customer receives, that is the only way the seller will win. Ebay themselves say they are not responsible for lost/damaged products, doesnt say the seller isnt.