• This topic has 22 replies, 18 voices, and was last updated 10 years ago by grum.
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  • STW court of ebay justice
  • grum
    Free Member

    This is kind of irrelevant now I suppose because ebay have rejected all my complaints/appeals etc, but just interested to know people’s opinions of whether I am being unreasonable.

    I bought an airbed which was classified as ‘new without tags’ – I read as far in the description as it saying the item had been checked and was in good condition. Being new I assumed there would be no issues.

    Further down in the description, it says ‘the item is damaged and has a hole in it’ – I didn’t notice this.

    Now, I guess lots of you will say it’s my fault for not reading the full description (which it sort of is), but should you be able to call something new when it’s got a fault (and a pretty serious one for an airbed). It wasn’t mentioned in the item title like people often do (e.g. ‘for spares or repair’).

    I could return the item, but postage when I bought it was £7.99 which I won’t get back, plus I’d have to pay postage to send it back again. I suggested to the seller that he might like to make some contribution, seeing as his ad was a little misleading, but he was having none of it.

    The really sneaky part is that as it was a continuous listing with several of the same item available – he has now changed the category to ‘new with defects’, and ebay are seemingly too stupid to realise or don’t care that that isn’t what it was classified as when I bought it.

    I know we’re not talking much money at all here – but I still feel slightly aggrieved.

    Any right to be or all my own fault?

    Junkyard
    Free Member

    Bit of both, they were sneaky and you fell for it but should not have.

    However they were deliberately misleading and you just made a simple error/oversight. In this case ebay should have seen this [ you were duped] and sided with you IMHO- the seller did this on purpose and that makes them a wrong un where as you are just a NOPE MODS 😉

    Is this just to make a definitive list of hand wringers v heartless?

    deadlydarcy
    Free Member

    Generally, if I read “new without tags”, I’d probably only give the rest of the description a perfunctory skim, possibly missing the bit where it says there’s a hole, maybe because it’s the last thing I’d be expecting. It being an airbed and all that.

    So, morally, I’d say you’re right to feel done, but technically, it was written down in the description so there’s not much ebay will so for you I reckon, given that they do bugger all for worse. 😐

    nickdavies
    Full Member

    If it’s a continuous listing, or a buy it now from someone obviously trading, then you could deem it a business transaction. Look at their history?
    If it’s classed as a business transaction then full DSR applies. Obviously if you’ve done the full ebay/paypal dispute thing you’re well out of DSR dates, which could make it trickier. I’d have a word with trading standards or do a bit of googling – if you’ve raised the issue within 7 days you might have somewhere to go, although given it’s an airbed it’s probably not worth it, unless it’s an expensive one.

    PePPeR
    Full Member

    I’d have thought distance selling regulations were on your side, if it was a buy it now price and not an auction then you have the full regulations behind you.

    grum
    Free Member

    It was best offer – and the price they accepted was (in retrospect) suspiciously cheap.

    I seem to have left that bit out. 🙂

    Is this just to make a definitive list of hand wringers v heartless?

    No but nice idea!

    Generally, if I read “new without tags”, I’d probably only give the rest of the description a perfunctory skim, possibly missing the bit where it says there’s a hole, maybe because it’s the last thing I’d be expecting. It being an airbed and all that.

    Yeah that was my point – ebay weren’t interested. Would they think it was reasonable to sell a bucket, describe it as new and in good condition, then somewhere further down the listing point out that is has a hole in it?

    nick and pepper – thanks but I think I should probably just let it go. Already wasted too much energy on it. Was just interested to know others’ thoughts.

    gogg
    Free Member

    Is it a business seller?? If so report him to trading standards, believe it or not they do actually give a monkeys.

    grum
    Free Member

    Yeah it is a business seller.

    Oh yeah I forgot the most annoying part – I left him a negative review and ebay deleted it!

    Garry_Lager
    Full Member

    Seller does sound like a minge-bag, writing the ad like that. Is it not repairable though? Get the old tubeless patches out.

    Jamie
    Free Member

    Oh yeah I forgot the most annoying part – I left him a negative review and ebay deleted it!

    There are guidelines on what you can write for feedback, so you must have fallen foul of those rules.

    If you really wanted to be a thorn in their air bed, why not buy all their listings and not pay for them?

    duckman
    Full Member

    Must have been one of their power sellers,it would appear they are allowed to have all feedback they don’t like deleted. Not only that but since when did eBay start finding in favour of the seller? New with defects should not mean a hole in an airbed,should be a bit of glue on the seam, cord gone on the stuff sac…

    konabunny
    Free Member

    Would they think it was reasonable to sell a bucket, describe it as new and in good condition, then somewhere further down the listing point out that is has a hole in it?

    That’s not a direct analogy though, is it? Did your seller say it was in good condition or just new?

    PS vendor is a scumbag.

    cynic-al
    Free Member

    OP I am on your side (which no doubt means a lot).

    oldgit
    Free Member

    Shouldn’t it come under New ‘other’ ? That’s what I’d list it under, new…..but.

    bruneep
    Full Member

    did you look at their feedback? this would’ve rung alarm bells with me.

    hora
    Free Member

    Leave a neutral. Item marked as new yet hole not made clear enough?

    Or just move on.

    mrmonkfinger
    Free Member

    Get the bombers out, definitely.

    @bruneep
    is that the actual seller?

    grum
    Free Member

    Feedback wasn’t abusive but I did say he’d mis-described the item and ebay ruled he hadn’t so I guess that’s why.

    Duckman – it wasn’t even ‘new with defects’ when I bought it, it was ‘new without tags’. If you read ebay’s definitions there’s no way an air bed with a hole in is covered by that. Ebay weren’t interested though. If it had said ‘new other’ or ‘new with defects’ I would have read the description more thoroughly.

    He said it was new, then in the description it says something about how they’ve been loose in the warehouse but have been checked and are in good condition.

    al – I’m holding back the tears. 🙂

    I could repair it but it was bought for a friend so seems a bit crap to give them a repaired one.

    Bruneep – that’s the one. Didn’t read the negs but thought 99% sounded ok. Learned my lesson!

    Anyway, I will not allow these people to pollute my mind with anger! Move on is right hora – off to Les Arcs for 10 days now, woop!

    chunkymonkey
    Free Member

    Not an expert on these sort of things, but did you complain through eBay or Paypal? Can you not open a dispute via PP, I know in essence it’s the same company but may be worth a go?

    rogermoore
    Full Member

    I’d feel pretty deflated if this happened to me.
    RM.

    grum
    Free Member

    Ebay – maybe I could but i think it’s time to admit defeat. Already wasted too much energy on it and the amours of money are relatively trivial. I’ll probably repair it and keep it (even though I’ve already got my own that needs fixing too!).

    Just don’t like letting people get away with being shady.

    Nice, rogermoore – almost worthy of your most famous character. 🙂

    5thElefant
    Free Member

    In the time you’ve spent typing here you could have stuck a patch on it and could now be reclining in luxury on your bargain air bed.

    Unless you’ve already patched it and are in fact typing in oppulent comfort?

    grum
    Free Member

    It was meant to be a gift, and…. My problem with patching is that you only find out a 3am when your bed goes flat if there’s still a tiny leak.

    Anyway – just need to finish my pint and get on a plane to go snowboarding so it suddenly seems less important. 🙂

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