Pick-up item not as described

pendulum

chancesare wrote: »

So, had you arrived and found the 'item' to be a tv. Would you have taken it home and then studied the photo?

What a pointless and stupid question.

If you ate a live chicken would you glue the feathers?

POPPYOSCAR

If someone else had collected the bike for you I would understand your concerns but as you had the opportunity to see for yourself exactly what you were buying, I do not think you have any grounds for complaint.

theonlywayisup

pendulum wrote: »

What a pointless and stupid question.

If you ate a live chicken would you glue the feathers?

Actually I think that was quite relevant, your comment is pointless.

The op is saying she purchased the item and then came home and compared it to the advert.

In reality the advert was merely that, but the purchase was based on her paying at the time of inspection/collection. She paid for what she collected.

Caveat emptor.

Alisha2008

Thanks for all your opinions. I'm ignoring all the stupid comments and I realise the only thing I wanted from the seller was an explanation, as he's not giving me this, he's getting a neutral feedback and the lowest score on the item description.

RainbowDrops

Alisha2008 wrote: »

Thanks for all your opinions. I'm ignoring all the stupid comments and I realise the only thing I wanted from the seller was an explanation, as he's not giving me this, he's getting a neutral feedback and the lowest score on the item description.

I can understand dropping a couple of points, but the lowest for a few minor differences seems a bit much?

pendulum

theonlywayisup wrote: »

In reality the advert was merely that, but the purchase was based on her paying at the time of inspection/collection. She paid for what she collected.

Caveat emptor.

Rubbish. The contract was formed based on the description which MUST be accurate. A buyer is entitled to rely on the description being accurate - and has a reasonable time in which to discover the goods are misdescribed. This time is measured in days or weeks, not mere seconds or minutes when collecting the item.

Back to the basics for you I think.

theonlywayisup

pendulum wrote: »

Rubbish. The contract was formed based on the description which MUST be accurate. A buyer is entitled to rely on the description being accurate - and has a reasonable time in which to discover the goods are misdescribed. This time is measured in days or weeks, not mere seconds or minutes when collecting the item.

Back to the basics for you I think.

Perhaps you need to grasp the idea again.

It is a private seller where a buyer pays in cash and collects.

Caveat emptor.

We only have the word of the OP that the item is not exactly the same as that advertised. But the ad, is NOT a contract it is an invitation to buy. The buyer then attended, inspected and paid. The contract was formed when they cash changed hands.

Basics or otherwise, you don't seem to get it.

Furthermore, all this fuss when the OP is happy with what she has.

pendulum

No, the OP did not respond to a private ad, they formed the contract by buying via eBay. When you Buy it Now or win an auction, that is when the contract is formed on eBay. If I bought an item on eBay described as working, collected it, and when I got home discovered it wasn't working, I would have rights to a refund because the contract was formed on the basis of the description which must be accurate. This really is simple stuff.

A buyer has every right to form a contract to buy goods based on a description from the seller, collect those goods, and then check to make sure they comply with the description. They could have chosen to send someone else to collect the goods who has no idea what the item should look like. They would still have rights if and only if the item didn't match the description, and pictures are included as making up a description.

Hope that helps you.

StaffsSW

pendulum wrote: »

No, the OP did not respond to a private ad, they formed the contract by buying via eBay. When you Buy it Now or win an auction, that is when the contract is formed on eBay. If I bought an item on eBay described as working, collected it, and when I got home discovered it wasn't working, I would have rights to a refund because the contract was formed on the basis of the description which must be accurate. This really is simple stuff.

A buyer has every right to form a contract to buy goods based on a description from the seller, collect those goods, and then check to make sure they comply with the description. They could have chosen to send someone else to collect the goods who has no idea what the item should look like. They would still have rights if and only if the item didn't match the description, and pictures are included as making up a description.

Hope that helps you.

For the benefit of clarity, is this fact or opinion? And if it is fact, can you quantify this with examples in precedent.

I'm obviously not the highly qualified legal practitioner that you are, but I've been on here long enough to see a lot of bedroom barristers spouting utter nonsense that could easily be misconstrued as fact/law/precedent.

Hope this helps everyone.

StaffsSW

What happened to this in the end?