Problem seller

Agutka · 6 September 2005 at 5:11PM

Hi everyone!

I need some help with this one.

I bought a set of LEGO a few days ago. I received it quickly, but was disappointed to find that it was missing some half - 2/3rds of the pieces. I couldn't even begin building with the instructions. So I emailed the seller stating as the item was far from complete I cannot accept it and would like a refund.
Got a reply saying that his daughter had said it was all there, apart from a tree - which is why he did not use the word 'complete', can I tell him what is missing.
So I sent him a huge list.
He then replied that if i send it back to him he will check it out and probably refund me less the postage. It was not advertised as complete and besides there was a photo in the listing, he said.
Which I think is terribly unfair.
The postage will set me back £7 for NOTHING. The photo was small and besides how am I supposed to know what comes with a set, HE was the one with the instructions.
His item descrption was:
"Offered here is a set of Lego System XXXX.This item is unboxed but still in excellent condition."
So doesn't exactly state 'incomplete'.

I need reassurance that he is in the wrong. He has already left me feedback. Would a PayPal chargeback get me the whole amount back?

I REALLY don't like to be cheated like this. But I guess he must be a bit confused and untrusting too.

Thanks for reading.

Jellicle · 6 September 2005 at 5:22PM

Agutka wrote:

... His item description was:
"Offered here is a set of Lego System XXXX.This item is unboxed but still in excellent condition." ...

As far as I am concerned a "set" implies that it is complete. I am sure PayPal will read it the same way.

Post it back to him (recorded delivery) and do a Paypal chargeback without any further delay.

Paypal will only refund what you paid through them.

NB. It might be worth photographing what he has sent you before you send it back in addition to making a list of what is there (and what is missing).

Agutka · 6 September 2005 at 7:40PM

Thanks for your reply.
Wouldn't it be worth talking it through with the seller first? Just to be nice about it? He must be confused too or worried he's being scammed. I wouldn't want a buyer to come out with a chargeback out of the blue.

Spinner · 6 September 2005 at 8:33PM

First of all, just check if he has a return policy on his item. If he has, and it stated he would refund the item cost minus postage, then you should leave it at that - you agreed to that by bidding for it.

If he didn't, however - I'd say you're entitled to press for a postage refund - he should have checked that the item was complete.

Be nice about it, but I would also be firm - you have the last resort of negative feedback if that becomes necessary. Or if you don't fancy that, perhaps you could reach a compromise - say he refunds half of the postage?

aliasojo · 6 September 2005 at 8:38PM

Just sitting on the fence here....but as pointed out, the seller did not state the set was complete. Isn't this one of those questions that should be asked by the buyer?

At least that way you would have some come back if he stated then it was complete, and it turned out not to be.

I'm only thinking out loud, but I would have got in touch to clarify.

Spinner · 6 September 2005 at 8:45PM

aliasojo wrote:

Just sitting on the fence here....but as pointed out, the seller did not state the set was complete. Isn't this one of those questions that should be asked by the buyer?

Some would say, so, I suppose. Indeed, I sometimes do such a check if buying items. However, I would say in this case that, as stated above, the implication is that the set is complete - with 2/3 missing, the seller should certainly have stated that it was not!

Agutka · 6 September 2005 at 10:00PM

With the postage, we're both having to pay, him sending it to me and me returning it. That's fair to some extent.

I cannot ask every single seller detailed questions about everything I want to bid on. That's what the descriptions are for. And with lego I usually just scan the nearly ending items as there is so much out there, so there is no time to ask. Also if someone's trying to hide something they will avoid it in the answer too. There are lots of descriptions out there that say "set definately complete, but can't be sure" just to cover every eventuality.

Anyway, he has kind of admitted to it being complete - minus a tree - in his email to me, before I gave him the whole list.

I just hate conflict. I'm sure he'd have agreed with me if he sat there on saturday morning when I was trying to build it. But people lose their trust and I'm sure he thinks I could be scamming him...

Bargainbabe_2 · 6 September 2005 at 10:03PM

You scamming him? Perhaps its the other way around?

mandypaige · 6 September 2005 at 11:06PM

how did you get on?

soolin · 7 September 2005 at 6:25AM

Agutka wrote:

. And with lego I usually just scan the nearly ending items as there is so much out there, so there is no time to ask. Also if someone's trying to hide something they will avoid it in the answer too. ..

Bidding late is a good idea but never leave it too late to ask a question or clarify something if there is any doubt. Hiding something is different to lying about something, in this case the seller might have made a genuine mistake or he might be hiding something. However if you had asked him specifically before the auction ended whether the item was complete and he said yes and later turned out it wasn't then that what we lying and you might stand a better chance with paypal.

Your only real hope is to negotiate with the seller for a refund, or try doing a chargeback via paypal for item not as described. If you do the latter then as others have said you will need to send the item back to him before refund will be issued, you will also need to demonstrate to paypal that the auction description does not match what you were sent. I think this is the bit you will struggle with, paypal could go either way on the claim depending on which way the wind's blowing ( or so it seems sometimes with paypal :rolleyes: ). It all depends on whether the person at paypal believes the auction listing meant you would get a complete set, or whether it was open to interpretation.

Soo

Wig · 7 September 2005 at 1:46PM

If it's 2/3rds missing i.e. only 1.3rd of the set, how the *bleep* can it be described as excellent condition?

An accurate item description would have to say "this is less than half of the full set"

I think it's terrible the buyer has to pay to return this, and will thus lose out by 7 pounds. I would contact seller and say the set as it stands is worthless and prove it to be so, by photographing it, or weighing it and if possible weighing the original in the shops.

As I understand it seller has already agreed to a refund if buyer returns item (which is a good start) but buyer is still out of pocket by 7 pounds because seller listed item incorrectly.

Problem seller

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free