I am also buying in Bay and I expect the items to be packed well. I also sell occasionally things on Bay and I always try to give my best to pack the item well, if necessary double boxed. I would say the rules are exactly as DMacri said.

But I know too, that some buyers do not want to bother themselves complaining the shipping company if they receive damaged item with damaged package. It is often very complicated and it is much easier to claim the refund from seller because the Bay give the buyer right to send the item back in 99% of cases. I sent once item to China very well packed, double-boxed and of course insured but it came damaged. The buyer was to lazy to enter a claim against the shipping company and simply gave me negative feedback. I could not make anything against.

But I think there are also lot of cheaters on both side, as buyer and as seller, using this, let say, not 100% defined procedure. Unfortunately IMO Bay is not interested enough to eliminate those from their platform. Once I had to do with one of them and he is after all still on the Bay selling his items.

But generally I agree completely with DMacri, it should work as he described.

I agree with you both, I would be quite happy to pursue the carrier personally as a buyer, if the package had been well packed by the seller and the damage was obviously the carriers fault, if provided with all the relevant details from the buyer i.e. what extent of insurance cover had been arranged etc. 

However it looks as though ebay will put the onus on the seller as being responsible for the safe delivery no matter what, if indeed in 99% of cases paypal refunds the buyers money anyway. I asked the question because I am considering buying from abroad and I am worried about the condition of the item when it arrives and what to do if its damaged. In most cases it would be a less expensive option to make a claim as a buyer, as long as adequate insurance has been arranged by the seller, than pay the return shipping to the US from the UK for instance.

Have a dialog with the seller with regard to how you want the item to be prepared/packed - e.g.engage locking screws, use bubble wrap, styrofoam peanuts, double-boxing.  Tell him to insure it to proper value and to mark the box Fragile.  If the box arrives damaged, I'd open it in the presence of the carrier.  Take photos and keep all packing material - often the shipping company will want to see this.  And some things don't travel well - e.g. I'd think long and hard about purchasing a turntable from overseas.

Details from Ebay, might differ from country to country:

Thanks for the link Ralf,

Pretty black and white then, it would appear that in ebay's eyes, it is the sellers responsibility all the way up until the safe undamaged arrival at the buyers address.

If an item's original packaging is retained, why should there be a problem with subsequent shipping?

EBay rather complicates things for the seller, but that apart, surely it's all very simple. The seller has a contract with the postal or courier service unless the buyer has arranged his own courier. 

If the item arrives damaged or is lost the buyer's contract is with the seller for a refund, and the seller should pursue his contract with the postal service. Postal services often include basic insurance amounts or let you pay for additional cover, but that's all for the seller to sort out. If the seller asked the buyer to pay for insurance but didn't take it out, then that's fraud. The buyer needs to advise the seller very quickly of any problems so that he can contact the postal service within any time limit they specify. If the buyer signs for the item as received undamaged he will have a problem.

I stand to be corrected by one of the many attorneys or lawyers who frequent Beoworld!

Graham

There needs to be some onus on the receiver of packages. What most people don't realise is that when you sign for a parcel, you are signing that you have received the item in good condition. You are also signing that you no longer require the item to be insured, absolving the carrier of their responsibility!

This is very important, and I think it's very unfair that a seller has to rely on a buyer to sign responsibly. I think a buyer signing that they've received an item in good condition should go some way to protecting a seller of their responsibility, and their obligation to refund a buyer for an item damaged in transit.

If the buyer buys an item and pays for shipping, the buyer should also be responsible for claiming against the carrier regardless of whether the buyer or seller arranges for the shipment.