Ebay Purchase Gone T*ts up

Gazzaputt

Ok you buy an item described as one thing but a totally different model of the item is delivered which at RRP is a lot less in value.

You like the item sent but it isn't what you bid for.

Do I:

a. send it back demanding a full refund?

b. keep the item and ask for it to be discounted?

I paid 45% less than the RRP so my thinking I ask for this discount to be applied to the item sent. Fair?

cee

prolly got more leg to stand on if you go down item not as described...full refund.

redddraggon

What did you get? And what did you think you were supposed to be getting?

jairaj

yeah I guess if you still like the item then speak to the seller and ask if maybe they can refund you some of the money?

If they say no and you are not happy with the price you paid for it, then I think you are allowed your money back as they sent a different item.

dilemna

Breach of contract.
Item received not as described.
Return for full refund and all reasonable associated costs in doing so.

Or with the above in mind negotiate a partial refund.

But delay may mean you accept what you have been sent however you should still be entitled to a refund between the differences in prices between the two items.

I think it is best to speak to the retailer to see what they will do to remedy the situation for you.

Gazzaputt

It's a gaggia coffee machine. Advertised as the top model when in fact it's the bottom of the range.

If the seller applies the saving I suggest he's got a deal.

As I say I saved 45% on the RRP so is reasonable to carry this saving to the item sent?

pintoo

Contact the seller and say that the item sent was not the one advertised and paid for. See what they come back with.

Don't make it too easy for them - they're in the wrong.

If you want to keep it, negotiate a fair price. Did you use Paypal?

Gazzaputt

Did use Paypal.

Mister W

Contact the seller, explain the problem and wait for his/her response. Be polite but firm in your correspondence. If you don't get a satisfactory conclusion open a dispute with eBay and Paypal. The worst that can happen is you don't get any money back and you've got a nice coffee machine at 45% off.

redddraggon

Mister W wrote:

The worst that can happen is you don't get any money back and you've got a nice coffee machine at 45% off.

I think Gaz meant that he paid 45% off the RRP of what he thought he was getting rather than what he actually got.

Le Commentateur

To translate:

He thought he was buying Record item at Centaur price but got Veloce item instead.

redvee

Had the same myself recently on Ebay. Fired in an 'Item not as described' complaint to Ebay and Paypal, I know they are both the same company but it helps in your dispute. The seller then has a period of time to sort it out, then if not sorted you can escalate it to a dispute, PITA the timescale though.

GavH

Contact the seller and ask for a discount via paypal. I did this recently and basically held the seller to ransom without having to actually say so. He was quite keen to protect the 100% positive feedback he'd built up over 8 yrs. At worst he will ask you to return it for a full refund. If you want to keep it, thats upto you.

If that doesn't work, lodge a complaint with ebay using the 'item not as described' option.

Breach of contract does not come into it if the item is used as the rule of caveat emptor (buyer beware) applies in respect of used goods. In this respect the item still has to be fit for purpose unless listed otherwise.

rake

make a cup of coffee sit back and relax.

dilemna

GavH wrote:

Contact the seller and ask for a discount via paypal. I did this recently and basically held the seller to ransom without having to actually say so. He was quite keen to protect the 100% positive feedback he'd built up over 8 yrs. At worst he will ask you to return it for a full refund. If you want to keep it, thats upto you.

If that doesn't work, lodge a complaint with ebay using the 'item not as described' option.

Breach of contract does not come into it if the item is used as the rule of caveat emptor (buyer beware) applies in respect of used goods. In this respect the item still has to be fit for purpose unless listed otherwise.

Rubbish what authority do you have for your statement? The contract is to supply xxxx item at xxx cost in a reasonable time or defined by the contract. If the seller supplies a totally different item described in the contract then it has not been performed. You can then reject the item if the breach is a breach of condition and sue in contractual damages for the value of the contract as it should have been performed, or accept the different item and sue for a breach of warranty. The remedies are quite different. You can also ask a court for an equitable remedy of specific performance forcing the seller to provide that which you contracted with him to supply you or ask for damages instead.

Yes cavet emptor does apply to contracts for sale on second hand goods between private parties. You still have a right to inspect the goods though and reject if they are not as described.

Fit for purpose and free from minor defects applies to consumer contracts where the purchaser is a private buyer and the seller a buisness and the item is new. Even so where items are second hand, the items must still be as described and seller must have legal title to sell them. If the items for sale are second hand this will be made clear in the offer for sale or should be made clear to the buyer before he enters into the contract to purchase. You still have a right to inspect though. Items are generally sold as seen and no warranty is implied or given. The scenario is quite different for new items where you can rely on an item being free from minor defects, of satisfactory quality, durable, etc and fit for the purpose for which it is manufactured unless the buyer informs the seller he has another related purpose for it and the seller accepts this and sells to the buyer. This is all written into statute in the Sale of Goods Act 1979 amended 1982. Your statuary rights last for 12 months. In the first 6 months the presumption is on the retailer to show the item was FFP, of satisfactory quality, etc. In the remaining 6 months it is for the purchaser to show the item was not FFP, of satisfactory quality, etc. All terms of a contract will also be subject to the Unfair Contract Tems Act 1977. Delay in rejecting an item beyond a reasonable period means you may have been deemed to have accepted an item even if you are unhappy with it which means the remedies available to you change.

There are also the Distance Selling Regulations that confer further rights on consumers to further protect them where there is no opportunity to inspect items before purchasing them.

Gazzaputt

Well lodged a complaint after he swears he sent me the item advertised. Sent him Photos clearly showing it isn't.

Asked for a partial refund. No response as yet.

My thought is he'll be out pocket on 2 lots of postage, ebay fees and Paypal fees so either way if accepts or declines he's out of pocket but quite a bit of money. Oh and negative feedback if he continues to be such a tit.

GavH

Dilemna, I'll bow to your greater knowledge on the caveat emptor thing, I was trying to think back to the Law exam I did last year where it was covered but clearly my memory is not that great!!

Gazzaputt

Agreed to £100 refund so happy campers all round (I think)

STEFANOS4784

Completely unrelated but my brother bought an Atmos on ebay it turned up with a minor dent but was described as having never been used. Anyway he complained to ebay, got qa refund from them and never had to send the helmet back. Result 8)

Pross

STEFANOS4784 wrote:

Completely unrelated but my brother bought an Atmos on ebay it turned up with a minor dent but was described as having never been used. Anyway he complained to ebay, got qa refund from them and never had to send the helmet back. Result 8)

Apart from the fact a dented helmet could be as much use as no helmet at all!

STEFANOS4784

Well yes, apart from that