new item smells of smoke

deanos

hi all,  received a electronic item today but it absolutely reeks of stale smoke, the packaging was sealed but the box and actual item reeks of smoke, i messaged the seller and they admitted on ebay messages they also thought the box smelt but they do not smoke , but said no refunds as i opened it

i presume as they have admitted in a ebay message i would win a not as described case ?

thanks 

Spoonie_Turtle

In what way does it not meet the description?

I understand the frustration but a new item having sat around in an area with people smoking would be enough to do it.  Then again unscrupulous people could have their own packaging machine to make something look new and sealed when it's not.  So it then comes down to that question, in what way is it not as described?

deanos

Spoonie_Turtle said:

In what way does it not meet the description?

I understand the frustration but a new item having sat around in an area with people smoking would be enough to do it.  Then again unscrupulous people could have their own packaging machine to make something look new and sealed when it's not.  So it then comes down to that question, in what way is it not as described?

it’s a new pc , described as brand new ,still has protective stickers on it ,  i wouldn’t expect a brand new item to reek of stale smoke , it’s quite bad and making me feel quite ill tbh , the seller admitted in message it smelled and they had to put it in another room

Spoonie_Turtle

Again I understand your frustration, down to the feeling ill (we've had items like that in the past) but I don't know that it'd be enough to win a case.  If the seller doesn't smoke then the smoke would have to be from wherever it was before, entirely possible if it was sitting there a fair amount time in the path of smoke.  I'd be inclined to ask the seller where they got it from, out of curiosity where it got smoky if it's not from them.

I guess there's no harm in trying, eBay do usually side with the buyer, but the outcome is likely not as certain as you were thinking.

soolin

I cannot abide the smell of smoke and to me that is not as described. Assuming you have just opened the box to see if the smell has affected the PC then I’d definitely try a SNAD claim, make sure you state that the PCsmells so badly it cannot be used in an enclosed setting and is therefore not fit for purpose. There are always big debates on the US re selling forums about smoke smell and it is generally accepted that smell is something that absolutely should be disclosed, just as would any other damage. I wou,dreturnanythi g that smelt of smoke unless the listing description stated that item came from a house where people smoked, then I just wouldn’t buy. 

I really wouldn’t concern myself with where they bought it, none of that matters, smell is as much ‘damage’ as would say a large mark or sun fading. I recently sold some shoes, not on eBay though, they were brand new but one side near the back had got some minor sun damage as they were a suede material and probably displayed in a shop window, I did not sell them as brand new, but as new with disclosed damage and priced them accordingly. 

GadgetGuru

I would also be returning the if the smell was bad enough to make me feel ill or give me a headache! As Soolin states above, where it originally came from, and in particular, where the smell originated from is none of your concern. Fact is, you've received an item that has an issue you feel you cannot deal with - in which case I would open a not as described case. Almost all of these cases are accepted via eBay - just ensure all communication happens via the eBay messaging system only.

deanos

Thanks all , have took it out the box and put it in the garage see if the smell goes from the computer  in a couple of days , if not I will put in a claim , it was opened to check if the smell was on the pc itself and it was , even thought it was in the original plastic bag inside the box 

Spoonie_Turtle

^ Fair enough, I defer to the more experienced members' knowledge of this - good to know, as someone who also can't stand the smell!

Please let us know the outcome, OP.

GabbaGabbaHey

Some plastic packaging has a smell which is not dissimilar to smoke, so that might be the source.

I would do what the OP has done - put the item somewhere that it can air and where the smell can dissipate.

deanos

GabbaGabbaHey said:

Some plastic packaging has a smell which is not dissimilar to smoke, so that might be the source.

I would do what the OP has done - put the item somewhere that it can air and where the smell can dissipate.

I know what you mean cheap black plastic bags smell of smoke , it isn't that as the cardboard smells also.

It's still in the garage so will check tomorrow to see if it's any better 

pallyman

Maybe fire damaged stock which would include smoke damaged stock.