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BoardGameGeek» Forums » Gaming Related » Discussing Retailers

Subject: Damaged goods by a forwarding service. PLEASE HELP!!! rss

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Isaac Hayward
Japan
Koto-ku
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Hello all and thanks for your time,

I have received two shipments from ws1, a forwarding service located in the United States, and have twice received damaged board game boxes. The first a cardboard breaking dent to a copy of "Claustrophobia", and the second a long cut by a box cutter down the length of the box cover for "Among The Stars". On top of that, even though I paid for Extra Packaging, the parcels themselves literally contained zero percent packaging.

I had no intention of using the service a second time but unfortunately the second shipment was already in place by the time I received the first. I wish to claim compensation for the damage but they refuse to acknowledge that the board game box itself is part of the product.

If anyone could please direct me to any legal reference that might help me prove that a board game box is part of the board game product I`d greatly appreciate it. I`ve also been very upset about the whole process and I would like to make a formal complaint if they do not compensate me in full. Again, any reference on who I can contact about this would be great appreciated.

And let this be a warning to anyone else thinking of using a forwarding service, NEVER use www.ws1.com.

Regards and thanks to all,
Isaac.
 
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col_w
United Kingdom
Poole
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The Complaints forum is really for complaints about BGG. You'll probably reach your intended audience better in Discussing Retailers ("Discuss game retailers, ebay sellers, the marketplace, and anything else related to buying and selling games here. Please, no offers or ads by sellers.").

I've requested your thread is moved there.

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Isaac Hayward
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Koto-ku
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Many thanks!
 
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Liam
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Moved from Complaints to Discussing Retailers.

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Eddie the Cranky Gamer
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Edmonton
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I am not a lawyer.

In my opinion, unless you are quite wealthy, and legal recourse will certainly be cost prohibitive. You would need to retain someone stateside to act on your behalf, and filing costs would likely be nearly as much as you could ever recover given the low value even if your statement of claim is accepted on face value.

It would seem this company is listed with the BBB, but not accredited. A complain there may lead to more interest from them in regards to resolving the complaint. However I would suspect the best you could possibly hope for is for the fee you paid being refunded.

http://www.bbb.org/akron/business-reviews/delivery-service/d...

If that doesn't work, if you paid with a credit card, you can check your card holders agreement to see if there is something in there that either protects you, or provides grounds for a chargeback to get the cost of the service refunded.

As for a game box being a component of value, I doubt there will be - or at the very least one that is easy to find by a non-lawyer - available precedent. You could get some comparative sales from BGG and eBay to try to prove the point with data, but thats the best I could think of.

Given the low value I would just take it as a story to tell, leave a snarky review online, and move on.
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I think you need to find out who the insurer is and file a claim there. I believe the forwarding company is not the insurer for it says in their FAQ:
Quote:
What is insurance? What is the benefit of insuring my shipments?
Insurance is provided by the shipping company to protect you in the event your shipment is damaged or lost during shipping. We strongly recommend you opt in to insurance options as we are not responsible for their protection once we ship them.

If you've already made an insurance claim and been denied, I've misunderstood and am sorry.
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Isaac Hayward
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Thank you so much for the input so far Eddie and Carl. I won`t be taking this all the way to court but I want to make sure that the proper authorities are informed to make sure this never happens to someone else again.

I am right in saying a board game box is part of the board game product itself, right? It seems common-sense to me. A good metaphor to me seems like scratching the outside of a car and saying it`s fine because I didn`t damage the engine.

I will keep posting here as the situation is resolved.

Many thanks!
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Miljenko Murkovic
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You are right in saying that board game box is a part of the product. They are treating it like its regular box, like box for any other product. Box that gets thrown out when you take out the product, and its not.

You would get a refund if the book cover was destroyed, and you should get it for a game box. i.e. game box is a part of the product, and not the packaging for the product.

Evidence for that can be easily found if you compare the prices of games with damaged boxes and new ones.

Good luck in resolving this...
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Isaac Hayward
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Thank you Miljenko.

ws1 has been in contact with me and said they are willing to try and resolve this issue with compensation. I will continue posting here until this issue is completely resolved.

Thank you again for everyone`s support thus far.
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Isaac Hayward
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It has now been over three business days since I have received any kind of reply from ws1 regarding replacement or refund of my damaged games, and I have now filed a formal complaint with the Better Business Bureau. Let`s hope this is one step closer to getting any kind of result.
 
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