Ebay item SNAD - how long to claim?

scottishblondie

Hi

I bought an Xbox 360 off of Ebay on the 19th of May. It was described as RROD, spares or repairs only. I was perfectly happy with this, as I planned to attempt repair and sell it on. When I received it I checked that it had RROD, and left feedback (regretting that now).

I repaired the console last night and discovered 2 things:
- A repair had already been attempted, which had caused significant internal damage to the plastic case
- Most importantly, the console is banned from Xbox Live

The case damage could be overlooked, but the ban from Xbox live is a real problem for me. I feel that this makes the console SNAD, but I'm not sure how best to proceed? Would Ebay agree with my assessment? I plan to contact the seller but I would like to have accurate information on my rights first. I've never had a problem with something bought on Ebay before.

Does anyone have any general comments or suggestions? Thanks.

soolin

Actually this is one instance that paypal might find for the seller. The item was sold basically as broken, and that is what it is. Sold as for spares or repairs it would not need to be able to connect to Xbox live.

theonlywayisup

I agree with soolin. Broken is broken. For repairs, I take it to mean that you can salvage spares from it to repair another machine. No Xbox Live is not part of the deal.

soolin

Actually i forgot to answer the riginal thread title, you have 45 days to claim.

However, broken or for spares = really bad, that's why you grabbed yourself a bargain.

DrScotsman

soolin wrote: »

Actually this is one instance that paypal might find for the seller. The item was sold basically as broken, and that is what it is. Sold as for spares or repairs it would not need to be able to connect to Xbox live.

I completely agree that if it was a private seller then the seller then the OP doesn't have a case, and there's not much to discuss about that. So I'm going to play devil's advocate and ask if your answer would be the same in the very unlikely event this was a business seller?

Given that many people will try to repair broken Xbox 360s, being banned from live might be a material fact that a business seller would have to disclose. What do you think?

soolin

DrScotsman wrote: »

I completely agree that if it was a private seller then the seller then the OP doesn't have a case, and there's not much to discuss about that. So I'm going to play devil's advocate and ask if your answer would be the same in the very unlikely event this was a business seller?

Given that many people will try to repair broken Xbox 360s, being banned from live might be a material fact that a business seller would have to disclose. What do you think?

If he was returning purely under DSRs he is out of time, so he is stuck with a normal SNAD claim regardless of whether this is a bsuiness or private seller. My view would be that the fact it was being sold purely for spares would mean if you expected it to do something in particular you would need to ask, otherwise the asusmption is that it is completely defunct.

theonlywayisup

DrScotsman wrote: »

I completely agree that if it was a private seller then the seller then the OP doesn't have a case, and there's not much to discuss about that. So I'm going to play devil's advocate and ask if your answer would be the same in the very unlikely event this was a business seller?

Given that many people will try to repair broken Xbox 360s, being banned from live might be a material fact that a business seller would have to disclose. What do you think?

It makes no difference whether a business or private seller. If the item WAS snad, then you have 45 days regardless of who sold it to you.

The fact that many people repair them is immaterial. It was sold for repairs or spares.

soolin

I would just add though that this being paypal means that any logic I assume is not the same as logic as applied to paypal!

DrScotsman

soolin: Of course Paypal logic != logic

theonlywayisup: Wasn't referring to the time limits, purely the liability

I'm just not entirely sure "spares and repairs" is sufficient - to me it's only saying that the hardware is sold as broken, and maybe the software, whereas being banned from live is neither of those. Kind of like if you bought a DVD of Avatar snapped in half - if you can fix it you'd expect it to have Avatar on it, not The Princess and the Frog.

But I doubt we'll come to agreement on this (maybe if I thought of a better analogy...), so oh well

theonlywayisup

DrScotsman wrote: »

theonlywayisup: Wasn't referring to the time limits, purely the liability

But that is what I am saying. The liability for an item bought from Ebay is the same. If you have paid by PP, you get 45 days to dispute a SNAD. Doesn't matter if the seller is private or business.

As soolin says, logic from Paypal may not give the desired outcome all the time.

DrScotsman

theonlywayisup wrote: »

But that is what I am saying. The liability for an item bought from Ebay is the same. If you have paid by PP, you get 45 days to dispute a SNAD. Doesn't matter if the seller is private or business.

Liability = Legal liability. Paypal's time limit has no effect whatsoever on legal liability. Going past the 45 days makes your life harder of course as Paypal won't help, but doesn't affect your position.