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Not as described - am I being too picky??

I bought a Lego Mindstorms set last week. The set was described as 'Condition: New' and 'everything is as it was when I bought it'. I paid £40 plus £9.99 p&p on BIN which I was happy to pay as these are reasonably hard to come by, particularly new. The auction had a photo of the box and stock photos of the models the contents could make.

However, the set arrived yesterday and I was really disappointed to find that it's not what I would describe as 'new'. All the pieces are loose in the box, when they would originally have come in loads of little bags so are definitely not 'as when bought'. I would never have paid anywhere near this much if I'd known this! However, I've done an inventory and it is complete and the pieces are in 'as new' condition, so there's no way of telling whether they are unused or not. It was intended as a gift.

Am I being unreasonably picky? To me there's a significant difference between 'new' and 'as new'. I will be contacting the seller to let them know I'm not particularly happy but I've yet to decide what I wish them to do. If I feel an item is SNAD, do I have to pay to return it myself?

And don't get me started on the £9.99 p&p that paid for £4.20 postage, a small amount of second-hand bubblewrap and a rubble sack...
If I hadn't seen such riches, I could live with being poor...
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Comments

  • ceebeeby
    ceebeeby Posts: 4,357 Forumite
    Part of the Furniture
    If you're not happy, then send it back, explaining why. BUT ... if it is just because it's not in wee plastic bags, does it really, really matter, as they're only going to be pulled out of the plastic bag on the first useage.

    I'm not sure what SNAD means - I think I asked this on another post last week.
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Tricky one...

    As it's a gift, one would expect a "new" box set to have all the lego pieces in bags, otherwise it looks as if you've taken it out yourself and played with it first.

    Who's the gift for, and would they mind that it wasn't brand new?

    I'd email the seller questioning why they advertised it "new" when all the bags are missing - explain it's for a gift.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you do go down the SNAD route, you will have to pay for the return postage, and you will be advised to send it recorded/special delivery to ensure it arrives back safely.
    <--- Nothing to see here - move along --->
  • ceebeeby wrote: »
    ... if it is just because it's not in wee plastic bags, does it really, really matter, as they're only going to be pulled out of the plastic bag on the first useage.

    Precisely, hence why I feel I'm just being petty! But I paid for something new and received something, to my mind, second-hand. I would perhaps only have paid half as much had it been described as such. Then again, had I bought this knowing it was used, I probably would have been delighted with it's condition and completeness. :rolleyes:

    It's for my son, who probably wouldn't be bothered about receiving a pre-loved gift but is too canny to pass it off as otherwise.

    You win some, lose them I guess.
    ceebeeby wrote: »
    I'm not sure what SNAD means - I think I asked this on another post last week.

    'Significantly not as described' ;)
    If I hadn't seen such riches, I could live with being poor...
  • chja
    chja Posts: 913 Forumite
    If it is described as "new" or "as new" then you would expect it to come in an unopened box.

    I would suggest contacting the seller to explain that the item is not as described and negotiate a mutually agreeable discount.

    Failing that, open an "item not as described" dispute.
  • Precisely, hence why I feel I'm just being petty! But I paid for something new and received something, to my mind, second-hand. I would perhaps only have paid half as much had it been described as such.
    Really? That's a helluva difference for a few plastic bags! I would still expect a reasonable seller to offer a small discount under the circumstances.
    I'm still waiting for a reply from a seller from whom I bought a laptop for my son's birthday. It was described as new and boxed but the seller did say that the box had been opened. Since it was for a gift I wanted the box in presentable condition, but it was posted with no additional packaging, so the postage labels were stuck directly onto the box. It also had no instruction manual or guarantee slip, which I'd normally expect with a new electrical item: however it does appear to be new in the sense that it is unused.
  • Sssssss
    Sssssss Posts: 1,094 Forumite
    times are hard many ppl are buying off ebay, if you want NEW goto Hamleys, as you said item is complete, plastic bags are dangerous anyway, I'm sure your son won't be bothered, he'd be more interested in the gift.
  • Id be annoyed at that. All the pieces in the little plastic bags or all loose in the box is the difference between new and second hand. If I paid that much for new, id want new. Luckily its a gift for your son and he wont mind. What if it had been a gift for someone else and you wouldnt want to give them a opened gift. Im afraid I think id email and tell them so.
    May £10 a day challenge
    £19.61/£310
    Ebay challenge...£12.61/£200
  • Really? That's a helluva difference for a few plastic bags!

    Er... yes. Because I know the market value of a used set and it isn't £49.95.

    Lego can be difficult to tell whether it has been used or not. I've been selling off my kids old Duplo - some of which is over 20 years old and bought from carboot sales (so second hand to us) and you wouldn't necessarily be able to tell it hadn't just been opened yesterday. I think it's highly unlikely that someone would buy a set, unpack it all and not build with it. It was described as new and clearly isn't.
    notlongnow wrote:
    Im afraid I think id email and tell them so.

    I have, but not heard back yet. :o
    If I hadn't seen such riches, I could live with being poor...
  • Did you ever hear back.
    May £10 a day challenge
    £19.61/£310
    Ebay challenge...£12.61/£200
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