Damaged items delivered

[laura109]

Hi all. I am not sure if anyone knows but I thought if ask whilst I wait for a response. I paid a lady on Instagram £200 for two handmade toyboxes for my children. I paid £15 for delivery. She sent me pictures when they were ready. They were lovely and she took my number for tracking. The toyboxes came today and she had wrapped them in bubble wrap with fragile tape around them. Hermes delivered. He slough ht the first one in and I noticed straight away the corner was scraped on my sons. He went out to get the other then asked me to come to the van because it was abit damaged. I was gutted and went out to look. My daughters had wood hanging of it. Screws bent. Scratches. It had clearly been trashed on the journey and not treated as fragile. Anyway they are in my house and I've contacted the seller. She has made a few other bits for people but appears fairly new to it so I think she wasn't thinking when she only put bubble wrap around them. But to be fair hermes have clearly scraped dragged or chucked them about they are that bad.

My question is worst case scenario if she doesn't respond is it basically my fault for buying from an Instagram page or have I got rights for a refund or something from herself or hermes for the damage. Feeling a bit stressed out as I really can't believe they have delivered them in such a poor state. Any clue on where I stand.

 

[LoraLoo]

Bit different but i had a parcel go missing, the sender had to open a claim with them and then refund me, it took around 6 weeks even though the parcel was obviously lost (it was a tracked item)
As it was you that arranged and paid delivery, the Hermes contract was with you and I think you're going to have to claim directly.
If they left the seller in perfect condition which it obviously did, and she's marked it fragile, which she did, i dont think theres much she can do or should be expected to do really? I know you say they werent adequately packaged but if MyHermes thought it wasnt theyd refuse to take it so again thats something you need to address with them, although id tell the seller too.
If the seller had arranged delivery it would be different and id expect seller to refund you immediately and for her to claim from MyHermes.
What a bugger though i refuse to use them now.

 

[laura109]

Thank you hun. I sent her the postage money and she arranged it. So frustrating isn't it. They are awful for deliveries leave them. In bins and everything around here. Still awaiting her response. I see what you mean about packaging they shouldn't accept it if its not safe. Just hope I can get my money back. I've learnt my lesson anyhow..

 

[LoraLoo]

Ah if she arranged the delivery then I think it'd then her responsibility to open the claim, and I'd expect to be refunded but you'd probably have to pay postage costs to send back.
Or the other option, depending on if you could repair the damage yourself, would be to ask for a % refunded but it obviously depends on the extent of the damage and if you're happy to have an item less than perfect.

 

[laura109]

Thanks she has got back to me now and is going to make us more or refund me. She's really cross with my hermes and she's going to stop using them. Thanks for your advice luckily it's getting sorted xx

 

[LoraLoo]

Brilliant news, hope she manages to claim something back too so she's not out of picket.

 

[laura109]

Me too she said she has insurance so she should be getting it all back. Frustrating that it was the person's fault who didn't treat them as fragile. Her lovely work ruined like that x