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Item not as described ... What should I do?

I purchased a Nintendo DS Lite for my daughter which was described by the seller as "Nearly new condition".

I have recieved it this morning and that couldn't be further from the truth. The colour has faded and gone abit yellow (supposed to be pink). It is also extremally dirty (brown grime in the pen slot that looks like ear wax).

Im abit annoyed really as I paid a little more on this one due to its description. Luckily I paid using paypal so hopefully I am covered but I just wanted to know the best route to take. I have sent a message to the seller saying that I didnt think it was as described and that I wanted a refund. What should I do next if he refuses? Do I have to send the Item back at my own cost?
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Comments

  • soolin
    soolin Posts: 74,972 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Give the seller a while to reply, if they don't then open a full SNAD claim in paypal and wait for paypal to tell you to send the item back.

    When you do return it make sure you use special delivery.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • RussJK
    RussJK Posts: 2,359 Forumite
    If the seller refuses a refund, then open a "not as described" dispute in ebay if you want to return it.
    Take photographs & describe it well, and avoid personal attacks, etc.

    Unfortunately I believe you have to send back at your own cost when it comes down to it, although at times I've managed to get the seller to pay return costs for small items (it's not my fault afterall when they send me the wrong item). You should at minimum get a full refund including the postage to you though.

    It is up to you whether you leave a negative feedback for this. When sending it back, definitely use a trackable method for your own protection.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RussJK wrote: »
    If the seller refuses a refund, then open a "not as described" dispute in ebay if you want to return it.
    Take photographs & describe it well, and avoid personal attacks, etc.

    Unfortunately I believe you have to send back at your own cost when it comes down to it, although at times I've managed to get the seller to pay return costs for small items (it's not my fault afterall when they send me the wrong item). You should at minimum get a full refund including the postage to you though.

    It is up to you whether you leave a negative feedback for this. When sending it back, definitely use a trackable method for your own protection.

    Paypal is the best place to open a SNAD claim, not Ebay.

    There is no need for photographs. The claim will allow the buyer to return the item (with tracking) to the seller.

    However, wait until the seller responds, or give a reasonable timescale for them to do so.
  • asandwhen
    asandwhen Posts: 1,407 Forumite
    edited 18 March 2011 at 8:38PM
    Ok have had a reply - he has said :

    what do you mean is not as described, could you please advise the exact problems and I am happy to discuss the situation. I have used that only a couple of times so this is a bit strange

    Could you please clarify the problems?


    This is what I intend to send back - does is sound ok before I reply :

    It is filthy dirty there is a brown grime substance in the pencil holder (I have taken pics). It is also supposed to be pink but has
    faded in colour (which does happen with heavy usage) so can no way be described a nearly new condition. I paid a premium for this console over others on ebay that sell for slightly less because of the description "nearly new". I would have said that it is in "Poor condition". If we can resolve this issue with me sending the item back for a full refund I would be still happy to give possitive feed back.




    Should I leave out the bit about feedback? I wouldnt want ebay/paypal to think I was blackmailing him if it was to go to a full dispute.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    asandwhen wrote: »
    It is filthy dirty there is a brown grime substance in the pencil holder (I have taken pics). It is also supposed to be pink but has
    faded in colour (which does happen with heavy usage) so can no way be described a nearly new condition. I paid a premium for this console over others on ebay that sell for slightly less because of the description "nearly new". I would have said that it is in "Poor condition". If we can resolve this issue without me sending the item back for a full refund.


    Slightly modified as reference to feedback now would seem like blackmail.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Abbafan1972
    Abbafan1972 Posts: 7,214 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Your reply sounds fine, apart from the feedback part. Don't blackmail the seller with feedback.
    Striving to clear the mortgage before it finishes in Dec 2028 - amount currently owed - £16,087.17
  • asandwhen
    asandwhen Posts: 1,407 Forumite
    edited 18 March 2011 at 8:52PM
    Great thanks - It sounded ok when I was typing it but when I read it back the feeback bit did sound abit harsh.

    Ok I have said :

    It is filthy dirty there is a brown grime substance in the pencil holder (I have taken pics). It is also supposed to be pink but has faded in colour (which does happen with heavy usage) so can no way be described a nearly new condition. I paid a premium for this console over others on ebay that sell for slightly less because of the description "nearly new". I would have said that it is in "Poor condition". I am happy to return for a refund.
  • asandwhen
    asandwhen Posts: 1,407 Forumite
    Ok he has replied with :

    can you please send the pictures to *** @ ***

    My worry is that if we do that the dialog is then away from ebay. I was thinking of replying this what do you guys think :

    I am not prepared to enter dialog outside of ebay as I would like our conversations to be recorded on here. Please confirm if
    a refund is being organised.

    Many Thanks
  • asandwhen
    asandwhen Posts: 1,407 Forumite
    I have uploaded the images onto image shack and could send him the links via ebay.... That would be better
  • asandwhen
    asandwhen Posts: 1,407 Forumite
    edited 19 March 2011 at 10:07PM
    Well well - He has replied and told me that he is not going to give me a refund.

    I have submitted a claim with paypal item not as described and the cheeky monkey said "if the problem is with the pencil then I will discount £5 for some new ones"

    I have now escalated the clain and said this :

    I purchased this Item in good faith - It was described by the seller as "Nearly new" condition. I paid a premium over other similar items listed on ebay due to description being "Nearly new - Excellent". When I opened the package I was very dissapointed - It had clearly been very well used. The pink colour had faded and gone a yellowish tint, The pencil had been chewed, There were slight scratched on the cover and the screen, but worst of all it is absolutly filthy, There is what I can only describe as brown grime in the pencil slot (It looks like ear wax) and I have picture proof of this. I believe that the item is not as described and I believe the seller added the "nearly new" comment in order to get a premium for this product. I am happy to return this item for a full refund.

    What do you guys think? What are my chances of getting the refund? Here is a picture of the brown grime

    http://img822.imageshack.us/i/imag0016lk.jpg
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