Item not a described and discovered late

benidorm59

My elderly neighbour bought a Garmin Sat Nav off Ebay for her son for Christmas nice Sat Nav not a bad price. The Sat Nav was described as having European maps which he needed. His car has an inbuilt Sat nav system and this unit was wanted for when he goes abroad which he does a lot
The Sat Nav arrived end of November and looked ok to her so she stored it away and wrapped it for the day.

On opening on Christmas Day he discovers its a UK system and it states this on the box, and not been upgraded to Europe in any way

Throughout the listing its clearly described the unit as having European maps even in the heading and will cost a bit to upgrade.
She is wondering is there any thing she can do or is it too late

the_lunatic_is_in_my_head

If they go to their eBay Purchase History and use the drop down menu next to the order there is a return link.

This will open a return request with eBay, timeframes are

A buyer must request a return no later than 30 days after the actual (or latest estimated) delivery date, or, if the seller’s return window is longer, within the return window.


The other avenue is a Paypal claim (they have 180 days for this) but would need to return tracked at their cost where as the seller can send a pre-paid label via the eBay return.

The main thing to be aware of in you can only claim under buyer protection once. You can open a return on eBay after the time-frame above but the seller can decline it (basically closing it).

As the seller has the option to decline the return I would argue it's not a claim, whether Paypal agree and you can ten open a claim with them after the declined return is hard to say.

alykatz

If the item is not as described but out of time to claim via ebay, go straight to a paypal claim.
Opening an ebay claim which the seller can decline will stop you being able to open a paypal claim, as you can only have one claim .

You will be liable for return postage via paypal though.

theonlywayisup

alykatz wrote: »

If the item is not as described but out of time to claim via ebay, go straight to a paypal claim.
Opening an ebay claim which the seller can decline will stop you being able to open a paypal claim, as you can only have one claim .

You will be liable for return postage via paypal though.

A seller cannot decline a SNAD.

campdave

benidorm59 wrote: »

She is wondering is there any thing she can do or is it too late

Contact the seller.

Shame several posters recommend running straight to paypal.

the_lunatic_is_in_my_head

theonlywayisup wrote: »

A seller cannot decline a SNAD.

If an eBay return is opened outside of the timeframe detailed above the seller has the option to decline.

We had one the other week, item damaged and the return was declined and closed (as the buyer wanted a replacement which was sorted out nice and easy, I just didn't want a return sitting there open for a month).

benidorm59

thanks for all your replies she contacted the seller and he has replied, the seller said he has contacted Ebay and they basically said tough, the buyer has had the item and had chance to accept it and contact the seller earlier if there was a problem, but when my neighbour then checked the delivery date its with in thirty days as you guys said. So she has opened a case with Ebay.
The sellers argument is it is as described, three years old, good condition etc, but my poor neighours point seems to have gone on deaf ears its was billed as a European Sat Nav not UK and if stated correctly at the time she would not have bid on it as she didn't want UK. Should it not have Europe Maps n, the seller thinks she should pay to have European maps put on, her son said its a lot od money
She is seventy and quite good usually but not with Sat Navs, do you think she has a case ? Oh on the original listing its say returns not accepted.

the_lunatic_is_in_my_head

If she's in time for the eBay case the seller has to offer a label for return, if they don't she can ask eBay to "step in" after a certain time (maybe 7 days, I'm not 100% sure).

Chances are if the seller doesn't accept the return from their side and issue the label eBay will refund without a return when asked to step in.

alykatz

theonlywayisup wrote: »

A seller cannot decline a SNAD.

They can if the item is out of the ebay timeframe.

campdave wrote: »

Contact the seller.

Shame several posters recommend running straight to paypal.

So seller contacted and said stuff you basically. Although as the item was received within the timeframe as not stated a case has been opened.

MsBlonde

benidorm59 wrote: »

The sellers argument is it is as described, three years old, good condition etc, but my poor neighours point seems to have gone on deaf ears its was billed as a European Sat Nav not UK and if stated correctly at the time she would not have bid on it as she didn't want UK. .

If the seller is saying its 3 years old guessing used, what price did he sell it for? Also he says it's as decribed... is there anywhere on the listing that stated EU maps? Or did she just assume? Because if the sellers saying it's as described, she must of read wrong surely?

I'm surprised theres still a market for sat navs seeing as google maps on your phone which is free does the exact same thing.

benidorm59

the Sat Nav heading was Garmin European and the model and in the description it said European again so that's why she assumed it was and not UK. It also said good condition it is and works but its UK maps and to get European installed will be more money and because it has a small memory not all Europe can go on just Spain and Portgugal. The seller has said yes it needs updating but If the maps were on it as described then they would update it for free by Garmin. Nothing in the description said it was UK only Europe was mentioned twice, so no confusion she thought, till her son charged it and discovered indeed no Europe just UK