Used item not new

the_lunatic_is_in_my_head

The category 'new' for DVDs on ebay states:

Not just DVDs but media in general.

they would need to state firmly in description that item does not come shrink wrapped.

As above this deters buyers from that listing to a seller who doesn't state it but sells the exact same thing. If every seller on eBay said this it would just push DVD buyers off eBay completely.

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.

Good old eBay, where else are you told a new DVD is sealed, Amazon, Play, TheHut, HMV, nope. CD sellers have it worse, at least most DVDs are sealed but lots of CDs aren't.

An item that is still in its original shrink wrap from the manufacturer and the original manufacturer’s seal (if applicable)

This issue is when the manufacturer doesn't put the DVD in a shrink wrap to begin with... It's also questionable if the (if applicable) applies to both parts or just the second. Off the top of my head, in the UK Warner are the only company to really have their own seal and even then it isn't on everything they release so the info is totally meaningless.

In the case of the OP I do think they are entitled to have their return postage refunded as a scuffed cases and dusty disks aren't really new, but in general a DVD not being sealed doesn't mean it isn't new and I don't see the likes of Zavvi listing their entire inventory as 'like new' because of eBay's poor decisions.

soolin

ludovico wrote: »

In the case of the OP I do think they are entitled to have their return postage refunded as a scuffed cases and dusty disks aren't really new, but in general a DVD not being sealed doesn't mean it isn't new and I don't see the likes of Zavvi listing their entire inventory as 'like new' because of eBay's poor decisions.

Zavvi is not ebay though so does not have to abide by ebay rules unless they sell on ebay.

Actually this would arise on Amazon as many of us sellers have had very similar issues. If Amazon catalogue says something is new and sealed, but in fact it is sold as unsealed from the wholesaler then we risk negative stars and a refund being imposed on us as Amazon insist we abide by what the catalogue says.

If someone eold be a brand new sealed DVD and it was not sealed then I would be entitled to a full refund on the basis of SNAD, even my suggestion of being careful to mark the actual listing terms 'this item is unsealed' is a grey area as sellers can't really over ride what ebay are telling buyers.

Obviously_the_best

Zavvi do have an eBay outlet!
I always try bee.com, play.com, amazon and thehut before buying off eBay cos sometimes it's a pound more and I just prefer buying somewhere other than eBay, afterall I have a shift at the supermarket and I'm an eBay bussiness seller, so get a bit fed up of eBay, especially after a tiring shift!

the_lunatic_is_in_my_head

Zavvi is not ebay though so does not have to abide by ebay rules unless they sell on ebay.

They do sell on eBay, that's what I was referring to. They won't be changing their condition to used and have the volume (and no doubt discounts without maintaining TRS) to not care about the odd neg or low stars from DVDs not being sealed. Hardly a level playing field if the small, independent sellers (who are already at a significant disadvantage with regards to VAT and buying buyer) are then force to listed new stock as used. The answer is for eBay to change the wording (who needs the word new explained to them anyway?), they are aware that the wording isn't suited to the UK market but was imposed based up factors in the US without any consideration or thought put in to the affect on the UK market.

If Amazon catalogue says something is new and sealed

I've haven't seen an Amazon product page that states a product is sealed but with Amazon you have the option to make catalogue changes. The bit on eBay isn't part of the catalogue so can't be changed unless eBay pull their finger out and edit the wording to be more appropriate.

If someone eold be a brand new sealed DVD and it was not sealed then I would be entitled to a full refund on the basis of SNAD

You could, but why do people care if a DVD is sealed or not if it arrives in perfect condition (and it's possible for me to send you a sealed DVD directly from the distributor which won't be new, so being sealed doesn't always make the disk new), you'll file a SNAD, go buy off Amazon who then send you an unsealed DVD. What's the point?

soolin

They do sell on eBay, that's what I was referring to. They won't be changing their condition to used and have the volume (and no doubt discounts without maintaining TRS) to not care about the odd neg or low stars from DVDs not being sealed

They they take the same risk as any other seller so ti is a level playing field if they get a neg.

the_lunatic_is_in_my_head

They they take the same risk as any other seller so ti is a level playing field if they get a neg.

Not really: "and have the volume (and no doubt discounts without maintaining TRS)". I purchased a £150 item from Zavvi, went through Quidco and got 3 pence cashback meaning their fees were about 8pence, I'm sure the rest of us pay more than that and work very hard to try and keep TRS to keep the fees a bit lower.

interlcore

I contacted seller again as he had not said yes or no about refunding return postage. I have copied and pasted his reply:
you can whistle for it - i am not refunding the postage.

I put in my listings I will pay for return postage if the fault lies with me. Which I think is completely fair.
I haven't asked, I've been too scared to but I don't think he's going to do a partial refund.
I wouldn't have minded if it wasn't in the wrap if it had been a decent condition. But I have paid way over for something that looks very used. If I wanted used, I would've bought used and paid a lot less for it. Plus, I have to buy another copy as it is a gift for my nephew's birthday.
I think I should give up with this seller. I know you say to leave appropriate feedback but I have a high rating and I'm scared this person would one day return me the 'favour'. But I wouldn't want other buyers to have the misfortune of dealing with a rude seller.

hermum

interlcore wrote: »

I contacted seller again as he had not said yes or no about refunding return postage. I have copied and pasted his reply:
you can whistle for it - i am not refunding the postage.

I put in my listings I will pay for return postage if the fault lies with me. Which I think is completely fair.
I haven't asked, I've been too scared to but I don't think he's going to do a partial refund.
I wouldn't have minded if it wasn't in the wrap if it had been a decent condition. But I have paid way over for something that looks very used. If I wanted used, I would've bought used and paid a lot less for it. Plus, I have to buy another copy as it is a gift for my nephew's birthday.
I think I should give up with this seller. I know you say to leave appropriate feedback but I have a high rating and I'm scared this person would one day return me the 'favour'. But I wouldn't want other buyers to have the misfortune of dealing with a rude seller.

I know he can use another account to buy from you but may not bother, so put him on your blocked list & leave appropriate feedback & stars.

interlcore

hermum wrote: »

I know he can use another account to buy from you but may not bother, so put him on your blocked list & leave appropriate feedback & stars.

It's using another account is what I'm afraid of.

Crowqueen

interlcore wrote: »

It's using another account is what I'm afraid of.

I think - don't quote me though - that eBay restrict linked accounts from bidding on someone's items where they have already been blocked on one account.