Used item not new

interlcore

I've bought a DVD for my nephew's birthday. The DVD was listed as new - original shrink wrap etc. ebay standard dvd listing details. Seller added his own description of 'great price'. Nothing else.
With 100% feedback I thought I'd buy. But the DVD is used - the discs are very dusty, though no scratches but the box has been scratched VERY badly and has a bent/crushed bit. And no wrap as the listing said.
I contacted the seller who said the item is new, it's never been taken out of the box. As DVDs come with wrap 99% of the time when new, I very much doubt this item is new. Also, how on earth did all that dust get inside and on the underside of the discs?
Seller has said to return the item and he will offer a refund. But has made no offer to pay for p&p to return the item.
This DVD went for the average 'new' price but way over for the average 'used' price, so I feel a bit miffed by that. As this was intended as a gift, I don't feel right giving such a bad condition item.
Can you give any advice/opinions on what I should do next?

QueenieB

Have you asked the seller to send you the price of the return postage or a returns label? If you do and he refuses then there isn't much you can do except return and leave appropriate feedback I'm afraid.

punkpink

Is it a private seller or a business seller?

As they have offered a refund (original P&P only), and thats all paypal would offer for a SNAD claim then really it relies on the seller. If the listing stated that it had the orginal shrink wrap then i would email them pointing this out just to see if you can swing it, also mentioning that it is a gift.

Tough one though, im sure others on this board will give you more advice...

HTH

interlcore

Queenie B - seller has quoted me a price for second class. I'm unsure if he is going to pay or not. He has said nothing else but the price for second class. I assume he's paying because he would've quoted first class price if I was paying. Wouldn't he? :undecided

punkpink - Seller is a private seller. I did mention it was a gift. And I pointed out that the listing says new in shrink wrap. But he hasn't said anything else but quoted me 2nd class price.

interlcore

I contacted seller about having a refund of the item and refund on return postage. Seller replied saying he would give refund on the item. Said nothing about refund of postage. I'm guessing his avoidance means he's not going to. Communication wise, seller is like trying to get blood out of a stone.
What should I do now? Item is not as described and I don't feel I can give item as a gift.
Should I put it down to bad experience, lost my money and give relevant fb?

shaun_from_Africa

Could you clean the disc and put it in a new case? (then leave appropriate feedback for the seller)

This would probably be better than returning it as you would have to do this by recorded delivery as your seller may well claim non delivery otherwise.

the_lunatic_is_in_my_head

The seller is correct that not all DVDs are sealed and when I sell any I check the disks first and some are 'dusty', unsealed DVDs will end up with lots of scuffs on the boxes due to storage. Personally I don't sell them as new in this condition because I wouldn't be happy to get a DVD like that. With business sellers a lot of eBay sellers are working on very slim margins, the stock comes in and it goes out again, in certain cases that's the cost of picking the cheapest seller (not always but looking at my competition 1 return for a £10 item could wipe out the profit on 50 sales). If they are private it's possible they brought it and never watch it so sold it as new. I don't think they are dishonest, just not a great seller.

And I pointed out that the listing says new in shrink wrap

I assume you referring to the bit next to the Item Specific 'NEW' in which case it says if applicable and can't be edited (and media sellers are not happy about it's presence).

You can't force the seller to refund your return postage, to send a DVD 2nd Class Recorded is about 1.60, if the DVD was say a tenner I'd say it's worth it to return and then you can leave feedback that reflects how you feel about the return postage not being refunded, the dusty disk and the scuffed case. It would however be unfair to penalise the seller for it not being sealed.

interlcore

ludovico wrote: »

I don't think they are dishonest, just not a great seller.

They do have 100% feedback. It is one of the reasons why I picked to buy from them than from someone else.

I assume you referring to the bit next to the Item Specific 'NEW' in which case it says if applicable and can't be edited (and media sellers are not happy about it's presence).

Yes I am referring to that. But the seller could've put something in the item description saying there is no wrap. All they put was 'great price'. From what communication I have had from the seller and the item description (I use that term loosely), I can see that they don't like using words and like to keep to a bare minimum.

Do you think it would be unreasonable to ask the seller to partially refund? I'm not going to give it as the gift that it was intended to be so I will have to buy elsewhere. I feel I should be compensated as the item looks very much used.

Crowqueen

It would however be unfair to penalise the seller for it not being sealed.

When the seller didn't mention that it was unsealed in the description, I feel this is also a little bit unfair.

the_lunatic_is_in_my_head

When the seller didn't mention that it was unsealed in the description, I feel this is also a little bit unfair.

If I sell DVDs which aren't going to be sealed my description simply says 'brand new'. The term unsealed will deter buyers who will purchase elsewhere only to get an unsealed DVD. The issue is the public's misconception that new DVDs are all sealed. Even DVDs that are made sealed sometimes can't be sent sealed (certain 2 disk DVDs are very prone to disks coming loose in the post so I unseal them and put card inside to stop this happening, either way buyers complain but this way that don't get a damaged product). Every big DVD seller on eBay (Zavvi, Base.com/DVD.co.uk as well as other big but not branded sellers) completely avoid the word sealed, it's only clueless eBay that has thrust this term on the listing.

If the OP's seller was selling it as a one off and they removed the wrapper and never watched it, used with never watched would probably be a better description but as a DVD seller, buyers complaining a DVD isn't sealed is a pain.

soolin

ludovico wrote: »

When the seller didn't mention that it was unsealed in the description, I feel this is also a little bit unfair.

If I sell DVDs which aren't going to be sealed my description simply says 'brand new'. The term unsealed will deter buyers who will purchase elsewhere only to get an unsealed DVD. The issue is the public's misconception that new DVDs are all sealed. Even DVDs that are made sealed sometimes can't be sent sealed (certain 2 disk DVDs are very prone to disks coming loose in the post so I unseal them and put card inside to stop this happening, either way buyers complain but this way that don't get a damaged product). Every big DVD seller on eBay (Zavvi, Base.com/DVD.co.uk as well as other big but not branded sellers) completely avoid the word sealed, it's only clueless eBay that has thrust this term on the listing.

If the OP's seller was selling it as a one off and they removed the wrapper and never watched it, used with never watched would probably be a better description but as a DVD seller, buyers complaining a DVD isn't sealed is a pain.

The category 'new' for DVDs on ebay states:

Condition

New
An item that is still in its original shrink wrap from the manufacturer and the original manufacturer’s seal (if applicable) has not been removed. See the seller's listing for full details.

Therefore if a selelr is going to sell a DVD that is not shrink wrapped and risks selling it as 'new' they would need to state firmly in description that item does not come shrink wrapped.

The category LIk enew starts with

Like new
An item that looks like it has just been taken out of its shrink wrap.

which si why sellers are so cross as some have been directed by ebay to list their new, but unsealed DVDs as like new and not new.