Laptops not as described, want seller to pay return postage

nitra

I bought a laptop last week, from what seemed to be another good ebayer... Of how I wish I hadn't bothered.

This is the laptop by the way

Received it yesterday (despite the seller not communicating a tracking number or it even being dispatched)...

I've inspected the laptop, and it's significantly not as described...

1. The white flash on bootup is not for a few seconds but 37 seconds (yes I timed it).
2a. The Windows 7 install is Home Premium (RRP £70) not Ultimate (RRP £157)
2b. The Windows 7 install is not even genuine as there is a activation cracker installed
3. The OEM sticker on the rear of the laptop has been removed (save last few digits), meaning I can't reinstall a fresh legitimate copy

In addition the mains cable she supplied with the charger is not the correct one and I've had to use a spare I had.

I contacted the seller and offered to keep the laptop if she pays half towards a legitimate copy of Windows 7 Home (£30 of £69.99), she has refused to do that but offered a full refund but won't pay for return postage (around £12)

I can't see why I should be left out of pocket from this, but would like to know what others think?

I've raised a dispute on eBay, to try and get the seller to agree but she won't budge. How will eBay side? and if it goes against me will I be able to go through the small claims court to get my postage back?

P.S As she has refused my offer to go halves on a legitimate copy (and after I made this offer I discovered points 1 and 2a), I withdrew it and bought another laptop now all I want is to return this one without being out of pocket..

forgotmyname

You should be able to send it back cheaper than £12.

You do get to trash their stars and leave them a nice negative comment though.

Sometimes ebay/paypal will give you a returns label. But thats not 100% perfect as regard to proving you sent it back and they received it.

nitra

forgotmyname wrote: »

You should be able to send it back cheaper than £12.

You do get to trash their stars and leave them a nice negative comment though.

Sometimes ebay/paypal will give you a returns label. But thats not 100% perfect as regard to proving you sent it back and they received it.

£12 is just the original postage cost, so what I based my estimate on I did say to the seller that I'd provide a receipt and only ask they refund what it cost.

I guess if they don't back down I'll issue a small claims proceeding against them for the return costs (on the principle of it), I can see how 2b and 3 might have been a mistake but honestly can't see how you can mistake which operating system it actually is and the time that the white screen flashes up (a few seconds is very different to over half a minute)..,

ballisticbrian

I would be a bit peeved about it.

zerog

I would have described the laptop as counterfeit if it has a cracked version of Windows, in which case ebay may ask you to destroy it.

fto

I think you paid way to much for a faulty laptop... The seller even says no returns, Which is always a bad sign on faulty items.
Also looks like this guys been running a business.

Brooker_Dave

nitra wrote: »

I guess if they don't back down I'll issue a small claims proceeding against them for the return costs (on the principle of it),

If you did you'd lose, they've already offered you a refund if you return it.

Just send it back and get on with your life, it's not worth mounting a vendetta over £12.

nitra

Brooker_Dave wrote: »

If you did you'd lose, they've already offered you a refund if you return it..

Not sure i would... Seller misrepresented the item so all costs incurred are theirs. £12 is an hours work so 5 minutes to submit a Money Claim online is worth it IMO

dizzyrascal

IF you have opened a SNAD case on ebay, they will insist that you return it to the seller and you may get your post back too if they decide in your favour (Which they do for buyers in 99% of cases)
Since you no longer want the computer having bought another one, I don't see why you want the seller to contribute towards another operating system?
Going through the small claims court to retrieve £12 seems a bit of an over reaction and if I was the seller I would ignore that threat.
As you should win an SNAD case I think that is the best route for you. Sellers are not encouraged to make partial refunds as it opens up a whole can of worms.

Shushannah

I opened a NSAD case this week. The seller was prepared to offer a refund of the cost of item once it had been returned, but not of postage each way.

I had photographic proof that the item was not as described. Ebay refunded the cost of the item and the original postage costs. I still have the item and I have not been asked to return it.

I would definitely open a NSAD case in your position.

ballisticbrian

Shushannah wrote: »

Ebay refunded the cost of the item and the original postage costs. I still have the item and I have not been asked to return it.

I would definitely open a NSAD case in your position.

Open a SNAD, fine, but do you really think eBay will be giving out free money for £200 laptops? Also, do you really want your "cards marked" by trying to get refunds from eBay when you might need their help over serious issues in the future?