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What are my rights under sale of goods/etc?

2

Comments

  • seashore321
    seashore321 Posts: 1,027 Forumite
    Can I just ask ?
    The valuation of £6000, was that for israne purposes or retail? If for insurance then it is slightly overinflated but realistic for high class London retailers. It also depends on the clarity of the stone, which you have not mentioned.
    If the claws are incorrect then you have bought a different item to the one described so you should be able to receive a refund.

    Any more info on gold marks etc. Clarity of diamond?
    If you bought to make profit I would suggest you have bought at wholesale price. Terefore it would be a good buy.
  • Rex_Mundi
    Rex_Mundi Posts: 6,311 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The Sale of Goods Act, and even Distance selling Regulations don't apply to purchases on Ebay. It's an auction site, and as such, auction rules apply.....Caveat Emptor (let the buyer beware).

    In this case, I can only see your dispute going through Ebay/Paypal. I would be amazed if your card provider entertained this for a refund, and the same for the courts. Your rights are different at auctions/auction sites.
    How many surrealists does it take to change a lightbulb?
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    Fish
  • Jedster
    Jedster Posts: 256 Forumite
    NewUser1...........

    How did you pay for the Ring????
    Living the Dream...............:A

    Every little helps
  • Can I just ask ?
    The valuation of £6000, was that for israne purposes or retail? If for insurance then it is slightly overinflated but realistic for high class London retailers. It also depends on the clarity of the stone, which you have not mentioned.
    If the claws are incorrect then you have bought a different item to the one described so you should be able to receive a refund.

    Any more info on gold marks etc. Clarity of diamond?
    If you bought to make profit I would suggest you have bought at wholesale price. Terefore it would be a good buy.
    the valuation says: 1.25ct 'S1' (I don't even know what that is but on the auction they made it look like SI), and K-L... in fact it's I3 (!!!!!!!!!!) and 'tinted brown', not even on the D-Z scale. Overinflated price? More like overinflated specs.

    PS I understand I made a mistake but I'd appreciate help not belittlement.

    Thanks
  • Jedster
    Jedster Posts: 256 Forumite
    How did you source your paypal ????
    Living the Dream...............:A

    Every little helps
  • RFW
    RFW Posts: 10,425 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    NewUser1 wrote: »
    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?

    What was the seller claiming the valuation to be, ie wholesale or retail value? What was the Goldsmiths valuation you received?

    How was the item sold, was it an antique, sold as seen, sold as new, etc?

    There are some differences between buying in an online auction when you can't see the item and an offline auction where goods are on view. That is assuming the item was auction and not buy it now. Even in an offline auction it is not simply a case of buyer beware, especially when valuations and provenance can be proved to be false.

    You should also inform trading standards who will help.
    .
  • Jedster wrote: »
    How did you source your paypal ????

    Current account unfortunately

    Trading standards passed me to consumer direct who told me I still had the right to reject it if it was not as described (I said 'even if it's eBay?' and they said 'yes'...)

    The item was described as 'vintage'

    The valuation was for insurance and said the 'replacement value' is £6000. We have had exactly the same kind of valuation from Goldsmiths as far as I am aware.
  • There is/was an ebay seller who was using a qualified valuers valuations and just altering the odd detail here and there. (the seller had a valuation done by him and then used his paperwork)

    I dont imagine that this has happened to you as its a long shot but sounds like a similar situation ???

    personally i would go down the small claims court as anything else wont re-coup all your money,

    hth

    mishka
    Bow Ties ARE cool :cool:

    "Just because you are offended, doesnt mean you are right" Ricky Gervais :D
  • soolin
    soolin Posts: 74,407 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    An insurance valuation for unique item is often much much higher than real value. You only have to watch the antique type programmes on the TV where worth is say £500 but the experts say insure it for £800. This is because replacing a unique item like for like is often very expensive.

    I really can't see how you are going to get any result here without spending vast amounts more money.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • weegie.geek
    weegie.geek Posts: 3,432 Forumite
    NewUser1 wrote: »
    Current account unfortunately


    Ow, my pity-ometer just plummeted. Are you mental?
    They say it's genetic, they say he can't help it, they say you can catch it - but sometimes you're born with it
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