In my mind the minure you paid for it ..it became your property. So any refund for damages should be yours...if it goes to the seller I'd make a big fuss over it.

And when you paid for the item you paid the seller to ship it....so yes the refund is yours.

Send the photos to the seller and ask him if he is paying for the refund, if not, then file a report on Ebay.

I bought it off his site, didn't buy on eBay, and he said he has already filed the claim. He said I'm also welcome to return the item for a full refund. I'm just confused. Cause if usps accepts the claim wouldn't the check or however they send the payment be sent to me not him? And I'm not gonna pay for shipping again so I can get a full refund. That doesn't make sense.

Oh I already sent him photos and he said that he can't control what happens to the item once it leaves his facility and that it was packed in a brand new box and packing material. But I feel the packaging material was insufficient.

I just want to know if any seller out there has submitted a claim instead of the buyer and who did usps send the money too.

So frustrating cause the first time I ordered from him the item came intact but box was a bit roughed with. This time not such.good luck ... ugh this sucks

I think the seller should send you a prepaid return label. Since he filed the claim, he needs possession of the item and package in case USPS wants to inspect.

I believe the refund will go to the person who shipped the item, the Seller. It's up to the Seller to refund your $$ and they're saying they won't do it without you returning the broken items. Depending on cost involved, it may not be worth it to you to do that.

Yeah I think if he does end up getting the money , it's not fair that I paid full price for a broken item and he gets paid twice. I did pay with credit card but if I do need to I will file a dispute which I hope I don't need too cause there's some things that he sells that are hard to find. But if it ends up with him not refunding me then I'm forced but to take my business elsewhere. The thing is he told me that at least a dozen packages he has sent has been received damage but no claimed was filed. If that's the case then I don't get why he didn't take extra precautions like write fragile all over the box or tape it tighter.

For usps it states that the seller or the buyer can put in a claim but I emailed him hoping he would send me a replacement. But he filed the claim first without asking me which way I would want this to go.

Its definitely unfair if he ends up with the money. I already contacted him again but am currently waiting for response and I probably won't get one till Tuesday due to the holiday.

I've been on the buying end of this situation--twice (once on eBay and once on Etsy), and both times I preemptively thanked the seller for promptly crediting my card in the full amount. :)

The seller insures, the seller gets the refund. That is how it is done. You did not buy the insurance and you did not submit the claim.

The seller and you have a separate issue of how he will refund the cost of the item to you. An honorable seller will pay for return shipping costs.

If USPS doesn't ask to see the package often the seller will tell you not to bother to return it. I have had sellers request that I hang on to the item for a couple of weeks just in case.

What's missing is what the seller is doing. You said you asked for a replacement. What was the seller's response to the request?

The exact words of the seller ....

you are also welcome to return the item for a full refund. Please go to the link for return policy

and the policy states that the buyer pays for shipping

In most cases, no shipping charges are ever refunded - even if it arrived damaged. And the shipping charges to return are paid by the buyer. I know if seems unfair, but that's the way most businesses work. If I buy something from the Garnet Hill catalog and it doesn't fit or is not what I expected, they will refund the cost of the item when it is returned to them, but I must pay for shipping both ways. In that situation, I have ended up paying $30 to try on something I didn't like and that didn't fit. And yes, this HAS happened to me. I'm now very cautious about buying clothing.

There is no reason to refund shipping charges to op; the seller just needs to send a new item, postage paid. That's different than returning something you just don't like. Try Nordstrom. They pay postage both ways.

Yeah but he filed a claim with usps and included the shipping charges. So I don't see why he couldn't send me a replacement or just even refund me the full amount

A reputable company would pay return shipping for a damaged item. You paid for the item to be shipped to you in good condition whether or not it was packaged properly , they should make it right- especially since they are getting the claim money. If they don't, leave feedback on Yelp and Facebook

I'm gonna have to talk to him about that. I agree that if he's going to be the one getting the claim money he should just refund me the full amount or send me a replacement. its not like he lost anything. I in fact did. I don't think I'll be purchasing from him again.

He shouldve made exceptions. It's not like I didn't like or want the product anymore. It's freakin damaged.

I see I don't understand....if the op bought something from ebay didn't the op pay for the item and shipping costs? imo once the op paid for said item and shipping it than became op's property so why would seller be intitled to insurance money? Why does op have to pay for shipping twice and not even have the item while the seller keeps shipping money from insurance and insurance on value of item...item that seller doesn't even own.

This is what I need to tell him and I'm still waiting for a response from him. Plus he also has the original amount I paid him. So that's the insurance money and the original amount I paid that he gets to keep if usps sends him the reimbursement.

I just emailed the seller again stating that if he gets reimbursed that it's unfair that I have to pay out of pocket to ship item back just so I can get a refund. And that I had already paid in full the cost of the item and shipping. I'll have to wait and see what his response is.

Update:

After contacting the seller one more time, he finally decided to refund me the full amount. And so I emailed back and thanked him and informed him that when the claim is closed and when notified by usps , which I have no idea which party they will notify, I will discard of the damaged item.

And thanks everyone for the hlep!