Surely the seller should be made to refund your initial shipping cost and also pay the cost of shipping the guitar back to him. After all thats what he made you do in the first place. You've paid him good money for him to use on a substandard service, I.E the initial shipment of the guitar. You want that money back primarily for that reason. I could ship a guitar 600 miles for £40 and no doubt have it arrive perfectly. Why should you pay for a service you havent received. You paid to have your purchase shipped with due care, it hasn't been. You want that money back too. Its his job to chase the courier up and claim a refund off them. You paid him, he paid them. Your fully entitled to that refund.
Next off if he wants the guitar back tell him to collect it or pay the shipping cost as he initialy made you pay. Why should it cost you to ship the guitar he wants? After all he never paid shipping on the guitar you want. Whats good for the goose is good for the gander after all. Call into question the cost of his quoted shipping and ask him for proof of its cost. You should have a valid case for legal action should the shipping cost you paid not be identical to the penny on whatever receipt or invoice he has for it.

If he gave me a 'no' answer or any kind of twattery to those above points i'd run him through a ringer.

BTW: why the username change, BlackCatBone/dbr2026? Were the Feds getting too close? (JK)

Cheers - C

I'm not too sure on US law but I dont see how signing a ebay contract can negate your consumer rights supported by national law.
I had a whole to do on ebay over a vintage dresser I went to collect. It was pictured in a better light on the site. I told em, I'm not buying that to their face. I got the reply 'you'll have to pay listing charges'. To which I replied 'you can try and levy a listing charge if you like. Please be aware that I will take that £5 listing charge to a small claims court though. Ebay regulation in no way is able to negate national law. Any charge you make against me will be viewed as illegal. Please be aware you have no more rights than a shop, the power of purchase always rests ultimately with the purchaser. If I dont want to purchase I dont have to. I have every right not to suffer any penalty at your hands because of it'.

That lot probably isnt even correct. It just sounds good and imposing and 9/10 enough to get you away scott free without any reprisals. 1/10 someone may check up, they'll find the law largely on your side. People are under a complete misconception that once they join a site like ebay they are no longer accountable to national trade laws. Ebays rules are their to uphold national law, not diminish it.

...so I am going to ship it out tomorrow morning first thing, I have a guitar box I am going to ship it in so I know itll get there ok...

Here's a thought, BlackCat: take some photos of the condition the guitar was in when it arrived. And when you package that guitar up take a couple of photos of that too.

That way, if the guy gets argumentative and tries to claim it got damaged on the way back because you hadn't packaged it properly you can absolutely prove the truth.

Probably won't come to that - but best to protect yourself.

Good luck - C

Read the terms of service. Ebay/Paypal have shifted their support to the buyer. Paypal will get your money back...if that is what you want. It sounds like you might want to keep what you got, but pay less...Paypal won't support you if that is the case. It's just the way it is...

Blackcat we all know he messed up shipping it, but I would ease up a bit on him when you talk to him and put the emphasis more on the carrier as you dont want him to wind up having a hard time collecting the insurance as the quicker things get done for him the better for you.

I have done so many things with guitars on ebay I think I could write a manual that would sell to help both sellers and buyers.lol Sometimes even the best packaged axes get busted up $@!@!& happens and those guys fling boxes around like footballs.Another tip I will throw out is to always remind the seller to put any loose case candy in a ziplock bag and to tape the compartment as a few years ago a good friend of mine bought a guitar with a Floyd Rose and though the guy put all the wrenches and springs in the compartment by getting tossed and banged around they got loose and ruined the finish on a beautiful guitar.

I am having a problem with my PC and cant change my email address as it shows up wrong. But when you are ready to get a new ax give me a holler and I will get you a bunch of leads and we will find you something better than you missed out on.

Hey you ought include the great and speedy way he sorted your dough out on his feedback. After all fairs fair. Maybe ask him how he'd like you to word it too.