eBay dispute advice...

Inferno99 · 9 May 2013 at 15:11

This looks like the item here:

http://www.ebay.co.uk/itm/x-pole-da...266?pt=LH_DefaultDomain_3&hash=item3a80bf5a22

You can see the damage on picture 5. I'm gonna roll with you getting your money back due to the inaccuracy of the listing - i.e. the damage is more than cosmetic, and it wasn't a "sold as seen". If the case works in your favor the seller will have to reimburse the return delivery costs.

LiE · 9 May 2013 at 15:19

That's the listing. Collection wasn't far so not bothered about that.

It's amusing the stuff some sellers come up with when responding to a case. Apparently she is a lawyer and her husband is a police man, to imply she isn't lying. She is accusing me of doing the damage in order to get it returned (again, who does this?!).

Kimi · 9 May 2013 at 15:23

After seeing pic, yea i would try take it back mate. If all else fails then try to repair, but return first port of call

The Geezer · 9 May 2013 at 15:27

LiE said:
That's the listing. Collection wasn't far so not bothered about that.

It's amusing the stuff some sellers come up with when responding to a case. Apparently she is a lawyer and her husband is a police man, to imply she isn't lying. She is accusing me of doing the damage in order to get it returned (again, who does this?!).

Run with it fella, you've raised the case. Fingers crossed

Lawyers = distort facts to weigh in their favour

LiE · 9 May 2013 at 15:34

The Geezer said:
Lawyers = distort facts to weigh in their favour

Exactly what I thought!

Freefaller · 9 May 2013 at 15:36

wingman said:
I don't think the Op's question or irritation is worthy.

Why not? If you don't ask you don't get. I don't go around life accepting a mediocre service or product if it is not what I paid for or as advertised. Why should he? Unless you're a mug that doesn't care about getting ripped off daily then you shouldn't just comply and bend over (unless you like it - which would figure).

Okay perhaps more thorough inspection should have taken place - however irrespective of that a product was purchased that wasn't up to spec. Moral code aside he's perfectly entitled to seek out his options.

I bet so many of you get mugged on a daily basis without realising. If something is below par you either don't pay for it, receive a refund or a massive discount. That's for any product or food etc... unless you all live in a perfect world, in which case can I come and live in it? Or do I just need to buy myself some rose tinted spectacles? Which I don't really want as I had laser surgery to remove the need for glasses...

fendi · 9 May 2013 at 15:39

LiE said:
That's the listing. Collection wasn't far so not bothered about that.

It's amusing the stuff some sellers come up with when responding to a case. Apparently she is a lawyer and her husband is a police man, to imply she isn't lying. She is accusing me of doing the damage in order to get it returned (again, who does this?!).

Well she has 100% rating after 100 transactions. You said you are £200 out of pocket, and it didn't cost that much. Who is to believe

Kimi · 9 May 2013 at 15:41

FF, be interested in your opinion on laser surgery, seriously considering it. ill it save for another thread of gym rats group

Freefaller · 9 May 2013 at 15:42

No worries.

darael · 9 May 2013 at 15:46

WKN said:
Video of her testing the pole pls?

booyaka · 9 May 2013 at 15:46

LiE said:
I'll keep you updated on what eBay decide on the case.

Either way it's got to go. £200 out of pocket now.

£200! Is it not fixable in any way? Sanding down/recovering or something. Jesus £200 for a pole and some fixings.

Just get some pipe and fixings from local plumbers!

LiE · 9 May 2013 at 15:48

fendi said:
Well she has 100% rating after 100 transactions. You said you are £200 out of pocket, and it didn't cost that much. Who is to believe

£200 is the replacement pole I bought today, a new one from amazon. It's my wife's birthday on Wednesday so need it!

What about my 100% feedback for 181 transactions?

icecold · 9 May 2013 at 15:51

wedgie said:
If it was so obvious, then surely you can't believe the seller wasn't aware that the pole was compromised to the point of being unusable?

Do we really live in a world where it's ok to sell something knowing that it's not fit for purpose, make no mention of this in the ad, then essentially respond with 'haha, your fault for not spotting it' when the buyer questions why the item is unusable? Checking every inch of an item top to bottom should not be required, as long as there is a basic level of honesty in the ad, a quick once over should be fine.

Where this leaves LiE in terms of getting his money back I don't know, things like this are why I avoid ebay, but he's been stitched up in my view if he can't get it sorted.

Freefaller said:
Why not? If you don't ask you don't get. I don't go around life accepting a mediocre service or product if it is not what I paid for or as advertised. Why should he? Unless you're a mug that doesn't care about getting ripped off daily then you shouldn't just comply and bend over (unless you like it - which would figure).

Okay perhaps more thorough inspection should have taken place - however irrespective of that a product was purchased that wasn't up to spec. Moral code aside he's perfectly entitled to seek out his options.

I bet so many of you get mugged on a daily basis without realising. If something is below par you either don't pay for it, receive a refund or a massive discount. That's for any product or food etc... unless you all live in a perfect world, in which case can I come and live in it? Or do I just need to buy myself some rose tinted spectacles? Which I don't really want as I had laser surgery to remove the need for glasses...

inb4 clique...

These are the important points here.

Buying and selling shouldn't be a game of trying to catch someone out. If you're selling something which you know to be unfit for purpose (clearly the case here), then expect some trouble. The law is on your side outside of ebay, but I don't know how it applies in this situation.

The fact that some people say he should just roll over and take the hit blows my mind slightly. Either previous experience is distorting your view of reality, or you need to know and fight for what is right and what you deserve.

Raumarik · 9 May 2013 at 15:56

LiE said:
£200 is the replacement pole I bought today, a new one from amazon. It's my wife's birthday on Wednesday so need it!

What about my 100% feedback for 181 transactions?

It's hardly a surprise present and unless you're wife is under 10 years old - which would be a new thread btw I doubt she'd be too fussed about waiting until you get this resolved.

You aren't out of pocket, but I do agree - this isn't fit for purpose and you should be refunded once you've returned the pole.

LiE · 9 May 2013 at 15:58

I don't think you have to be 10 years old to appreciate a present on your birthday. Do you know women?

tom_e · 9 May 2013 at 15:59

Halfmad said:
It's hardly a surprise present and unless you're wife is under 10 years old - which would be a new thread btw I doubt she'd be too fussed about waiting until you get this resolved.

Not the point surely, if he wants it for her actual birthday then it's not unreasonable is it.

You aren't out of pocket, but I do agree - this isn't fit for purpose and you should be refunded once you've returned the pole.

He is because he's had to go and spend more money on something that can actually be used.

wedgie · 9 May 2013 at 16:05

I took a scooter back to Toys R Us a few weeks ago because it was clearly ex display when I got home to assemble it (there were no pre built scooters in store so I didn't see the need to check the box when I took it off the shelf). Sure, it was totally fine otherwise, but I didn't offer a penny less than the full advertised price, so why should I accept something that's been taken for a ride around the store a few times? They swapped for a brand new one with no fuss.

You should fully expect to get exactly what you pay for, and if it's an ad based sale, the ad should include all relevant info, and a defect that makes the item useless is clearly extremely relevant. Even if the seller thought that someone might still find use despite the scratch, there is a moral duty to inform so that the buyer can make the choice. There's no way they sold the pole thinking the scratch was irrelevant, it's totally dishonest. Ok maybe the reality is you should go into any long distance transaction assuming the buyer is looking to rip you off, but let's not allow that to cloud the issue, there's only one side of this that's dishonest/wrong, the other has been unlucky and probably takes the lesson from this experience into similar future deals.

Rroff · 9 May 2013 at 16:16

If it was a private sale rather than from a retailer your rights are much reduced, unless it was specifically sold as fit for a specific purpose and/or in the sale description they made specific claims that aren't true then tbh the seller is in the right here. The nature of the listing will make a big difference as to if you have a case here or not. Things like "not fit for purpose" don't (necessarily) apply the same way to a private sale as they do from a retailer.

EDIT: The item was sold under a catagory that states: "The item may have some signs of cosmetic wear, but is fully operational and functions as intended" not sure how that works along side being inspected before accepting it tho.

Mr Jack · 9 May 2013 at 16:33

eBay always finds in the buyer's favour. Go through their dispute process.

wedgie · 9 May 2013 at 16:34

Is the obligation with the seller to state faults or the buyer to find faults?

If it's the latter the no wonder people are scamming each other left right and centre.