Best course of action for 'not as described'

fozzeh

Bought Need For Speed: Hot Pursuit LimEd from someone on eBay. Listing states the following (as new):

Brand New game put in the machine once, got GT5 now no need for this game


Fair enough.

Online code has been used. This'll set me back £7.99 to get on the PSN store.
Seller (pretty much) knew that the code had been used (messaged him post -payment, prior shipping saying that the listing didn't state the code had been used, to which they contra'd with "If it has, I'll give you £4.99 refund".

Obviously, at that I would be another £3 out of pocket, paying £28 for a game I could have got new anyway for the same price...if not less!

I have messaged him to state the above and that I would like the full £7.99 to purchase the code to put me back into the correct financial position for the state that the game was listed in.

Am I right to stick to my guns? What would be the next best steps if seller refuses?

CHeers

Happy_bunny

Not really sure what you're asking? The seller offered a partial refund but you want more? Did the listing expressly say that the online code had not been used? TBH i find it amazing that people wait until the auction has ended before asking relevant questions such as this - Obviously you know the cost of the code from PSN so should have considered this into your bid. I always ensure my listings make it plain what is/isn't included and assume the same when buying.

fozzeh

Happy_bunny wrote: »

Not really sure what you're asking? The seller offered a partial refund but you want more?

How about getting what I paid for? If he had stated that the code wasn't included, I wouldn't have bought it.

Happy_bunny wrote: »

Did the listing expressly say that the online code had not been used?

Listing was stated as new but with the below condition. Since that was the only one stated, you would presume that something like that would be un-used.

Happy_bunny wrote: »

TBH i find it amazing that people wait until the auction has ended before asking relevant questions such as this -

List things right, no need to ask questions.

Happy_bunny wrote: »

Obviously you know the cost of the code from PSN so should have considered this into your bid.

Nope, code value isn't available from PSN store unless game is present. Only found out when game was inserted.

Happy_bunny wrote: »

I always ensure my listings make it plain what is/isn't included and assume the same when buying.

...as should this one! :rotfl:

Strapped

As it was advertised as brand new, and the brand new item includes the code then yes you are within your rights to ask for the cost of replacing the code (and the seller is a cheeky so-and-so). However, remember that if it gets to a dispute you will need to return the game (tracked) so weigh up whether that would cost you more than the £3.

Once the dust has settled, you can of course consider carefully what feedback and stars to leave for the seller.

luvvlyjubbly

Brand new game PUT IN THE MACHINE ONCE....hmmm alarm bells would have been ringing for me already....by all means ask, state how unhappy you are and that you would rather not take this to a paypal claim etc etc.....hopefully buyer will be wise and give you what you ask....if not , accept the £4.99 and put it down to experience...good luck

Happy_bunny

fozzeh wrote: »

How about getting what I paid for? If he had stated that the code wasn't included, I wouldn't have bought it.


You did get what you paid for - If the listing doesn't say the code is unused then you cannot just assume it's included, and unused. As you've already said the listing notes it has been used, Albeit once - Perhaps a quick note to the seller BEFORE bidding may have helped? Seems far too many people don't take the time to check details then assume the seller's duty is to make things better, Like most things ebay is a 2-way street!

fozzeh

Happy_bunny wrote: »

You did get what you paid for - If the listing doesn't say the code is unused then you cannot just assume it's included, and unused. As you've already said the listing notes it has been used, Albeit once - Perhaps a quick note to the seller BEFORE bidding may have helped? Seems far too many people don't take the time to check details then assume the seller's duty is to make things better, Like most things ebay is a 2-way street!

It is a 2 way street but the above 2 posts back up what I was hoping to find out. It is the sellers responsibility to list an item in the state it is in.
The listing doesn't state if it has been used or not, but to list it as new and not include it, it goes a lot more against how it was listed. People pick on things a lot smaller than this and take it considerably further for items worth a lot less (read the other thread about someone moaning about a scratched 99p DVD...which was listed as scratched).

WelshPaul

How can something be new if it has been used???

If it was me i would return the item, even if it cost me just to cause him some hassle after all he would have caused me some and i would neg and give min DSR ratings!

Crowqueen

Happy_bunny wrote: »

Not really sure what you're asking? The seller offered a partial refund but you want more? Did the listing expressly say that the online code had not been used? TBH i find it amazing that people wait until the auction has ended before asking relevant questions such as this - Obviously you know the cost of the code from PSN so should have considered this into your bid. I always ensure my listings make it plain what is/isn't included and assume the same when buying.

I would hope that the seller has the good sense and responsibility to state that up front rather than deliberately mislead their buyers into thinking they were buying something with an unused code.

I would never buy keycoded software on eBay for this reason, or indeed from a third party marketplace - I'd always buy new from a reputable shop or online site - too many chancers who think the way to do this is to not mention it. It's Not As Described if they don't declare that up front.

fozzeh

After some negotiations, I settled at a part refund of £6.49 (which has already been received). Seller tried to quote me that I had to pay return postage if I wanted a return...then sent him eBay links to listing status and SoGA to which it showed I didn't.

I'm thinking to leave positive feedback with low marks for delivery (posted 6 days after payment) and for description...but high for communications. Probably a message of "Good item, not fully as described but seller was very good with resolution"

chancesare_2

fozzeh wrote: »

Seller tried to quote me that I had to pay return postage if I wanted a return...then sent him eBay links to listing status and SoGA to which it showed I didn't.

If he is a business, the seller is obliged to give his returns postage policy. Only if he doesn't show it, is he obliged to pay it. If he does specificially say NO returns postage, then that is that.

fozzeh wrote: »

I'm thinking to leave positive feedback with low marks for delivery (posted 6 days after payment) and for description...but high for communications. Probably a message of "Good item, not fully as described but seller was very good with resolution"

What did his listing say? There should be an indication of shipping times, but you should not mark down if he abided by that.