Help!! First dispute on ebay

fuzzzy

I have 100% feedback on ebay, but this is now threatened because of a recent dispute. I bought a used mp3 player just before Christmas for about half the retail price. It was advertised as being 1 week old. The condition wasn't mentioned in the listing so before bidding, I asked the seller about it, and he replied saying that there was "a marks" [sic] on the player, but that it was in perfect working condition. When I got the player, it did work, but it had lots of tiny scratches all over it, looked jaded with about 6 months to a year of obvious wear and tear. It had four scuffs and 2 minor cracks on its side. I had already paid the seller after the auction was over. He wasn't very responsive when I tried to ask him for a refund. He has refused to take the item back twice and says that I should have looked for a brand player if I wanted it to be in perfect condition. Now I've asked him to send me proof that the player was indeed 1 week old when it was listed, or to give me £20 off on the purchase price. Is this a good idea? Do I really have a case here if I escalate the dispute to ebay? Any advice from others with similar experience would be greatly appreciated!

lofty_2

Its doubtful. You bought the player as used and it does actually work so i wouldnt think you will get anything. People say things are a week old that could in fact be over a year old. Its just a thing sellers say as in the item is doubtful to sell if you say its well used, covered in scratches and over old... My advice is buy new if you want it scratch free.

jaffa30

There a bit of grey area concerning ppl's thoughts on condition.
He may have thought it was in good condition but you dont.
You have asked for a part refund , wait and see what happens first.

Keep us informed as to whjat happens

Jaffa

fuzzzy

lofty wrote:

.. People say things are a week old that could in fact be over a year old. Its just a thing sellers say ...

Doesn't misrepresentation in the item listing violate some fundamental ebay rules? If the listing says that an item is just one week old, and if nothing else is said, wouldn't that be a statement of its condition? I assumed that the player would still be within the manufacturer's warranty when I bid the (high-ish) amount that I did.

jaffa30

I agree fuzzy and you can make a claim through paypal for goods not as described.

Imho i would give the seller the chance to respond ( say 24hrs ) then go down that route if needs must.

Jaffa

skintchick

Although it might be easier just to negotiate a discount - after all, it will be scratched soon enough won't it?

bobadobado

You could file a complaint under the buyer protection policy (if ebay or paypal offers that protection to you for the item you bought), but thats normally effective if youve been totally ripped off (i.e goods are significantly not as decsribed - like it wasnt an MP3 player, or the goods havent arrived). Plus the cost of your item is fairly small and i think (not 100% sure) theres a £15 fee payable to file a complaint - which definatelywouldnt be worth it in your case.

But at the end of the day, its a used item, your in that grey area where your definition of 'good condition' obviously doesnt match up with the sellers, so I would say keep trying to get something back from the seller and if not, then all you can do is leave the seller a negative.
If he leaves you a neg out of retaliation, post a follow up to his negative saying it was out of retaliation. Other ebayers will see that and the rest of your good feedback and make their own minds up.
Its nice to have an unblemished 100%, but in reality you'll always come across undesirables out there ready to spoil it for you. Then again one of the essences of ebay is the total transparency of it all which is there to protect us all.
Good luck.

fuzzzy

I spoke to the seller and he agreed to give back £20! Hooray!!

Being an eBay nube, I discovered only after my initial post that it is possible to request the seller's details directly from eBay after you've completed the sale.

http://cgi1.ebay.co.uk/aw-cgi/eBayISAPI.dll?UserInformationRequest#ContactInfo

Thanks for all the replies! :beer:

jaffa30

HI Fuzzy

Nice result.


Jaffa

Thefunkygibbons

Have you both left feedback now

If not, who is going first?

fuzzzy

Thefunkygibbons wrote:

Have you both left feedback now

If not, who is going first?

He wanted me to leave +ve feedback for him and vice versa. My experience certainly wasn't positive, so I declined to leave any feedback. Guess I need to be watch out near the end of 3 month feedback deadline.