Can I return item on ebay after 30 day period if the item is different than the title of the listing

Ares_Nautica
Ares_Nautica Posts: 17 Forumite
Fifth Anniversary 10 Posts Combo Breaker
edited 12 August 2024 at 11:36PM in Consumer rights

I bought a piece of music equipment on the 29th June (Focusrite Scarlett 2i2 3rd gen). Due to being busy with work and holiday I didn't open it until this weekend which I admit was careless of me not to check the contents when I first got the package. I've only just realised that the item the seller sent is a Focusrite Scarlett Solo 3rd gen, which at first glance looks very similar to the 2i2 but lacks some features, and clearly says "solo" on the bottom left of the device and on the photos the seller took, while the "2i2" has "2i2" on the bottom left instead.

The title of the listing was "Focusrite Scarlett 2i2 2x2 3rd Generation USB Audio Interface", I should've paid attention to the photos more when bidding which I admit was careless but given that the photos factually show the item isn't what is described in the title do I have any recourse to return the item?

Thanks

Comments

  • Have you contacted the seller and what have they said?
  • soolin
    soolin Posts: 73,747 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 13 August 2024 at 9:16AM
    An SNAD a on eBay is possible up to 30 days from the last estimated delivery date, and it looks like you are past that. You can speak to the seller and you can also still open an SNAD claim, but after this time seller can refuse the return on eBay.

    It’s probably best as Powerful_rogue says and speak to the seller and explain the issue. If the seller was a business seller you may find they are willing to help as a goodwill gesture, although they would lose out as they can no longer reclaim their FVFs. Other than that and depending on the price and assuming they are a business, you would need to look at a legal route. 
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  • Yes you can OP but as above eBay's assistance with the matter ends 30 days after the last ETA. 
    In the game of chess you can never let your adversary see your pieces
  • I submitted a return request yesterday and the seller refused my refund request in the last hour without any message. I've initiated the chargeback process with my credit card provider.


  • RefluentBeans
    RefluentBeans Posts: 1,154 Forumite
    1,000 Posts First Anniversary Name Dropper

    I submitted a return request yesterday and the seller refused my refund request in the last hour without any message. I've initiated the chargeback process with my credit card provider.


    FYI - this is a great way to get booted from eBay. eBay will consider the debt still owed as the request didn’t go through them.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,035 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 13 August 2024 at 7:11PM

    I submitted a return request yesterday and the seller refused my refund request in the last hour without any message. I've initiated the chargeback process with my credit card provider.


    FYI - this is a great way to get booted from eBay. eBay will consider the debt still owed as the request didn’t go through them.
    eBay will debit the seller (and charge them an extra £16 odd for the privilege). 

    There is wishy washy seller protection for NAD chargebacks on eBay, eBay say they'll accepts photos as evidence and try to have the item returned but chances are OP will get their refund. 

    I doubt eBay boot customers for a single chargeback :)

    The seller may go after OP, whether they have a claim depends on whether or not they are a business.

    If they are they should be providing a remedy so wouldn't be mitigating their losses by refusing to engage with the customer. 

    If they are private seller there is still generally the idea that the goods should be as described so if OP is correct in that it's a different model to that advertised they'd be entitled to a refund but with a private sale I'm not sure where the concept of acceptance lies, OP does say they only just opened it so maybe it would be viewed they didn't accept it? . 

    I would assume OP would be an involuntarily bailee if refunded and so should write to the seller twice to allow them to collect and then either keep the item safe or sell it for a fair market value and account to the seller for whatever they have after costs. 
    In the game of chess you can never let your adversary see your pieces
  • RefluentBeans
    RefluentBeans Posts: 1,154 Forumite
    1,000 Posts First Anniversary Name Dropper

    I submitted a return request yesterday and the seller refused my refund request in the last hour without any message. I've initiated the chargeback process with my credit card provider.


    FYI - this is a great way to get booted from eBay. eBay will consider the debt still owed as the request didn’t go through them.
    eBay will debit the seller (and charge them an extra £16 odd for the privilege). 

    There is wishy washy seller protection for NAD chargebacks on eBay, eBay say they'll accepts photos as evidence and try to have the item returned but chances are OP will get their refund. 

    I doubt eBay boot customers for a single chargeback :)

    The seller may go after OP, whether they have a claim depends on whether or not they are a business.

    If they are they should be providing a remedy so wouldn't be mitigating their losses by refusing to engage with the customer. 

    If they are private seller there is still generally the idea that the goods should be as described so if OP is correct in that it's a different model to that advertised they'd be entitled to a refund but with a private sale I'm not sure where the concept of acceptance lies, OP does say they only just opened it so maybe it would be viewed they didn't accept it? . 

    I would assume OP would be an involuntarily bailee if refunded and so should write to the seller twice to allow them to collect and then either keep the item safe or sell it for a fair market value and account to the seller for whatever they have after costs. 
    Long post - eBay has every right to kick a customer off their platform for not following their rules. It’s happened many, many times. Along with Amazon. 

    Customers have no right to a chargeback. Online marketplaces are very very complex; and a one rule for all doesn’t fit. For example is the seller definitely a business? A UK business? What was ‘not as described’? And crucially, why so long to report it? 

    Some people on here recommend jumping straight to chargebacks. They don’t solve anything, except when the party is evidently not providing a service, such as scammers. But even then, it still doesn’t unwind the contract. 

    OP says they’ve filed a refund request - but have they actually spoken to the seller? To eBay? If not - maybe one should start there rather than a chargeback when they still have the goods. 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,035 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 13 August 2024 at 8:05PM
    Customers have no right to a chargeback
    Well they do! :)

    The bank offers the process and will open one for an eBay purchase, eBay have a detailed page for sellers telling them what to do in the event one occurs:

    https://www.ebay.co.uk/help/selling/getting-paid/handling-payment-disputes?id=4799

    Side stepping slightly to a different but in some ways similar organisation Paypal actively advise customers they may be entitled contact their bank to raise a dispute in place of their own Buyer Protection (near the bottom under Dispute with PayPal or Your Card Issuer)

    https://www.paypal.com/uk/legalhub/buyer-protection#snad-claims

    Yes eBay, Amazon, your local corner shop can all refuse to serve you, a genuine customer raising a single claim is highly unlikely to see a ban on eBay. 

    OP says they’ve filed a refund request - but have they actually spoken to the seller? T
    The "refund request" is called a "returns request" and as OP is outside of the time for eBay cover the seller has the option to communicate via the return request with the buyer using the "send a message" option so it is the seller who has shut down communication by declining the return.

    Always worth a call to eBay, they might just refund out of goodwill but unless you are a Concierge member odds are overseas call centre following the script of too late. 
    In the game of chess you can never let your adversary see your pieces
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