What are my rights under sale of goods/etc?

NewUser1_2

Right, I am new and have a problem.

Bought some jewellery off of eBay and basically the 'valuation' they gave me is worthless and doesn't even describe the item correctly!! It doesn't say who did the valuation or give any contact information.

Basically, I was told by citizens advice that I can return it on the basis it's not as described? The seller is having none of it.

The 'valuation' says it's a 6 claw set diamond but it's 8 claw set, so not as described, is that enough to get my money back?

I spent nearly £1000 on it and they said it was worth £6000. I have had a valuation done by a qualified appraiser at a branch of Goldsmiths and the survey says... £1300. So basically I paid way over the odds for this item as it was described falsely (colour and clarity of the item were also WRONG on the valuation)

Can anyone help?

soolin

This might be better on the ebay and other auctions board but I'll do my best to start the ball rolling.

You will have problems as although there is a right to a refund if you have been misled you may still have to go through all the court procedures to get them to honour their obligations if they play dumb. It is hard enough sometimes to deal with a ccompany face to face (Comet anyone!!) but dealing via email is very problematic.

Firstly, how did you pay? I am hoping paypal backed by a credit card as that will make things easier. If it was paypal how much protection was the seller showing the basic £150 or the full £500? If it was the full £500 then assuming you are still within the 45 day claim period you can open a dispute on the basis of item significantly not as described. That won't get your full amount back even if you do win the case but if you backed the payment by a credit card then you can ultimately go to them as well to recover.

I'll leave it there for a moment to give you a chance to respond so we know where to go next.

soolin

Sorry forgot to add, is the seller still trading on ebay and are they registere din the UK. Most high end jewellery sellers are selling from the far East and do over inflate their RRps.Also did you buy on auction or fixed price.

NewUser1_2

Have started Paypal dispute which is now a claim, but they won't reply. If they don't reply by the 28th Paypal decide in my favour.

I think I have the £500 of protection

For £1000 I will take them to court if I have to.

I didn't want to post on eBay forums in case they were on there and accuse me of 'harassing' them again.

soolin

By the ebay board I mean the one here on MSE.(see my signature)

Is the seller in the UK..if not it rather complicates things.

Reggie_Rebel

I spent nearly £1000 on it and they said it was worth £6000. I have had a valuation done by a qualified appraiser at a branch of Goldsmiths and the survey says... £1300

So you've made £300. Alarms bells must have started ringing when you thought you were getting something that expensive for less than 5 times it's 'value'. Spending that sort of cash on an online auction without checking the proveance of the item would not be my way of doing it.

Rex_Mundi

Hi Newuser1

I've moved this over to the Ebay board. You should get far better answers on this board for your query.

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email abuse@moneysavingexpert.com.

NewUser1_2

Reggie_Rebel wrote: »

I spent nearly £1000 on it and they said it was worth £6000. I have had a valuation done by a qualified appraiser at a branch of Goldsmiths and the survey says... £1300

So you've made £300. Alarms bells must have started ringing when you thought you were getting something that expensive for less than 5 times it's 'value'. Spending that sort of cash on an online auction without checking the proveance of the item would not be my way of doing it.

I have NOT made £300. You can expect to buy 2nd hand diamond jewellery at between 1/3 and 1/4 of retail price. So if this item had been NEW I would have paid £1300 but I should have paid between £325 - £433 for it.

Seeing as I paid £1000 for an item i THOUGHT was worth £6000, I was under the impression I got a bargain. This is not the case, I have paid over the odds as the seller described it incorrectly. I have seen jewellery on eBay go for up to 1/7 of it's 'value' as I have been browsing for a long time, looking for the perfect item, so there was no reason for me to be suspicious before I received the item, as I thought the valuation and desscription were accurate.

Thanks for moving this thread to the correct place. The previous forum was the one that came up when I googled the Sale of Goods Act!


The seller is UK based

custardy

even if paypal awarded your claim,would you get a full purchase refund or the £500?
im assuming the full amount,no?

NewUser1_2

custardy wrote: »

even if paypal awarded your claim,would you get a full purchase refund or the £500?
im assuming the full amount,no?

I think if Paypal awarded my claim I'd just get the £500 maximum back, better than nothing though!

custardy

but you wouldnt surely? since to get a refund you would need to return the item(s) no?