eBay dispute advice...

  • Thread starter Thread starter LiE
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LiE

LiE

LiE

Caporegime
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Hi,

Bought a pole (for pole dancing ;)) and my wife went to collect it, gave it a quick look over and took it home. Now after a proper inspection we have noticed it has some deep scratches that catch on the skin. We have opened a dispute with the seller but they are basically saying 'you collected it, should have spotted it, tough'. Is it reasonable for a buyer to be able to collect an item and then give it a proper going over?
 
Any one on ebay I sold to always checked the item fully/tested it before walking away with it

if I was the seller id be peed after you checked it & taking it home you try to claim a refund
 
If you paid via PayPal you could open a dispute otherwise the buyer beware/sold as seen would apply. How do you know it wasn't mint and your missus scraped it transporting it home?
 
Yea paid via PayPal. Didn't think it was sold as seen, more like sold as described, which it wasn't.
 
Should have inspected it thoroughly before taking it away. eBay often sides with the buyer but, in this instance, it would be quite fair for the seller to query whether or not the damage actually took place after collection especially bearing in mind the opportunity was there to reject the goods before taking them away.
 
DanielMMS said:
Should have inspected it thoroughly before taking it away. eBay often sides with the buyer but, in this instance, it would be quite fair for the seller to query whether or not the damage actually took place after collection especially bearing in mind the opportunity was there to reject the goods before taking them away.
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The same thing could apply to delivery and damage when recieved. Who would actually do that though?

It was checked but how thoroughly is reasonable.
 
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You had a chance to inspect it so why didn't you look over it clearly? I'd tell you to do one if you collected something from me then wanted to return it due to the condition.

Best to consider it a lesson learnt and move on.
 
However, if you’re buying from an individual – which constitutes a private sale – the rules are slightly different. For example, the so-called ‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller.

“That means a dress can’t be a size 12 if it was described as a size 18,” says Stephen McGlade, a solicitor at consumer group Which?.

However, if an item is advertised as “a three-year-old bike”, for example, it doesn’t mean it has to work, just that it has to be three years old. In this case, especially when the item has been well-used, the transaction remains a case of caveat emptor, or ‘buyer beware’. “This, put simply, is why you pay a lower price for second-hand goods,” says McGlade.
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http://www.moneywise.co.uk/cut-your-costs/shop-smart/your-rights-when-buying-second-hand-goods

Would seem to suggest that unless they specifically mentioned the condition the pole was in perhaps claimed it was in excellent condition then you've probably not got a claim... They advertised a pole, your bought a pole... etc...
 
LiE said:
The same thing could apply to delivery and damage when recieved. Who would actually do that though?
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Not really as there would be a third party involved, ie Royal Mail or whoever. In this instance, the damage was either present before the item was collected or it was caused by the buyer. The seller could easily argue "it was fine, the buyer collected so saw the condition and accepted, so it's a bit rich to cry foul after getting it home."
 
Should've checked it over better, put it down to stupidity and move on.

I'm sure somebody on OCUK would buy you a new one in trade..
 
Paypal and collection = open an item not recieved case and you win.

Not that I condone that or anything, you should have checked it when you collected it, who wouldn't really?!
 
horrorwood said:
Paypal and collection = open an item not recieved case and you win.

Not that I condone that or anything, you should have checked it when you collected it, who wouldn't really?!
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+1

Tbh i would phone the seller, tell them you want a refund and if they refuse you will open a paypal dispute saying it never arrived, They cannot prove you collected it and will have no postage tracking details. Paypal will side with you.

Watch them squirm and hand over the refund
 
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