Seller refusing full refund for a faulty item.

daviesp77

Hi,

I was hoping someone could give me their opinion on a problem i've encountered. I bought a dvd recorder on ebay and it turned out that the thing doesn't work properly. On the description of the item the seller said "I bought this item off ebay and never really got it to work. The manual is a !!!!!! to use and does come with the dvd recorder.Perhaps you will have more luck with it.". This clearly gives the impression that it was more a problem of understanding than the machine actually not working as it should, an impression that led me to purchase the item rather than avoid it. I said to the seller that I wanted a full refund and would send the item back to them. They offered me a partial refund of £15 of the £58 paid and said they were not obliged to give a full refund. However I feel that they are obliged.

I would be grateful to hear anyone else's opinion on this matter and perhaps a few pointers on what steps to take next.

Thanks for your help.

bleugh

"I bought this item off ebay and never really got it to work"

says it in a nutshell, Caveat Empor

it does say that it doesn't work, not in as many words tho

I'm afraid that you can't do much, and it's up to the kindness of the seller here to decide to refund or not.


if paypal is involved, you cant even legitimatly do a "item not as described" claim, as the item is described as "unable to get working"

how you interpreted the description is ultimatley what the seller intended, and also a good reason why you should "ask seller a question" if you've any doubts

personally in this case i'd take the partial refund and re-ebay the item and take any loss on the chin!

it's all a learning excercise, think yourself lucky that you havent lost 100's of pounds as some have!

bleugh

you could neg / neut the guy for Implying incorrect functionality and misleading statements in the auction, he would neg you back though, so be careful in your wording so you come out better

mike_paterson

I agree with bleugh - this item was only for professionals or chancers.

declanmcc

I disagree.

I reckon the item was mis-sold. It's up to interpretation. If an item is being sold as faulty them it should say "faulty" in the item title or description. Saying he "never really got it to work" is open to interpretation. The fact he followed it up with "the manual is a !!!!!! to use" suggests to me that the recorder was too complicated to use for his liking.
I'd mail him again and tell him you're opening a dispute. If you get negative feedback - so be it - if you were a regular seller (which you don't appear to be) then the negative feedback would hurt you more than it would a regular purchaser.

Malestrom

Email the seller and ask if he's willing to meet you in the middle somewhere. He's already offered you £15 and you want £58 so ask for something inbetween. Don't be pushy or demanding, just get the best refund you can and resell the item with a decent description. There's no way you will get a full refund i'm afraid so just do the best you can and take the loss. It happens to us all...

talksalot81

"...never really got it to work"

"...the thing doesn't work properly"

Those two statements sound awfully similar. Both suggest something is not right, neither suggests that the item is subject to total failure. I would say that the sellers statement indicates the machine is at least partly functional and the rest, he doesnt know. So as long as it works partially, I think the seller was in the right.

I have sold items before saying that I know the basics work (which I did) but more complex features have not been tested. If someone bough under that description, I would provide no refund unless it was damaged in transit.

Bargainbabe_2

I'm sorry but if a seller stated what he did then I wouldn't of been in the least bit surprised that the item turned up not working. Buying off eBay isn't like buying from Comet, etc. You simply do not have the same legal rights when you buy from private sellers as you would if you bought from a retailer.

mike_paterson

I am suprised you paid £58 for a second-hand one when you can buy them new for £65 or so at Asda, Sainsburys etc.

What is broken - have you checked the devices website for firmware updates. My DVD recorder (Phillips) had no end of problems until they were eventually fixed in the firmware a few months ago.

What is the device make ? Have you searched the web to see if others have the same problems ?

BertieMeldrew

daviesp77 wrote:

Hi,

I was hoping someone could give me their opinion on a problem i've encountered. I bought a dvd recorder on ebay and it turned out that the thing doesn't work properly. On the description of the item the seller said "I bought this item off ebay and never really got it to work. The manual is a !!!!!! to use and does come with the dvd recorder.Perhaps you will have more luck with it.". This clearly gives the impression that it was more a problem of understanding than the machine actually not working as it should, an impression that led me to purchase the item rather than avoid it. I said to the seller that I wanted a full refund and would send the item back to them. They offered me a partial refund of £15 of the £58 paid and said they were not obliged to give a full refund. However I feel that they are obliged.

I would be grateful to hear anyone else's opinion on this matter and perhaps a few pointers on what steps to take next.

Thanks for your help.

I think that the vast majority of e-Bayers regard e-Bay sellers as "gentlemen" (i.e. honourable people... maybe that's a mistake). I think the person who did this to you deserves naming and shaming... at least let us know who to avoid...

black-saturn

I think on one hand you should receive a full refund as the item wasn't listed as faulty and on the other hand I would say you bid on it knowing it might not work. So I think I'd try to get a refund out of him but I wouldnt be surprised if I didn't get one. Don't leave feedback until he leaves it for you.