damaged ebay item, do I have any rights?
#1
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damaged ebay item, do I have any rights?
I bought a backbox from ebay the other day and have now realised that it is damaged. the join between the pipe and the backbox is bent, as if the backbox was hit from behind.
It makes it impossible to fit (without welding/bending work).
The guy I bought it from is actually from an auto company that is using ebay to sell some car parts. Now I have threatened him with bad feedback if he does not refund the cash and take it back but so far he says that it was a risk that I took that it would not fit (he is implying it is not damaged and it would fit other Impreza's but just not mine).
What do you think?
Shall I get it fixed and if it is cheap just consider it a lesson learn't.
Shall I give him bad feedback,
Or Shall I keep at him with the threats and hope he gives in and gives me my dosh back.
Cheers.
It makes it impossible to fit (without welding/bending work).
The guy I bought it from is actually from an auto company that is using ebay to sell some car parts. Now I have threatened him with bad feedback if he does not refund the cash and take it back but so far he says that it was a risk that I took that it would not fit (he is implying it is not damaged and it would fit other Impreza's but just not mine).
What do you think?
Shall I get it fixed and if it is cheap just consider it a lesson learn't.
Shall I give him bad feedback,
Or Shall I keep at him with the threats and hope he gives in and gives me my dosh back.
Cheers.
#3
as such as ebay is unfortunatly most items are sold as seen. as if you were at a auction in person.
however in such occasions where its impossible to view the item in person, you must rely upon the description, so if its not described as being slightly damaged or altered from original design then I would say that you have a case for the small claims court, and mybe its worth whilst going to trading standards if he has a business.
I may be completly wrong though?
lou x
however in such occasions where its impossible to view the item in person, you must rely upon the description, so if its not described as being slightly damaged or altered from original design then I would say that you have a case for the small claims court, and mybe its worth whilst going to trading standards if he has a business.
I may be completly wrong though?
lou x
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As an ebayer power seller I get asked this question quite alot.
If the item arrives damaged and not as described or as in the picture on the advert then you have the right to email the seller and ask either for them to accept it as a return, and ask them what they would liek to do. Basically if they refuse then lodge the issue with ebay and they will sort it out.
J
If the item arrives damaged and not as described or as in the picture on the advert then you have the right to email the seller and ask either for them to accept it as a return, and ask them what they would liek to do. Basically if they refuse then lodge the issue with ebay and they will sort it out.
J
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Originally Posted by Roojai
It was advertised as used but not damaged. I paid cash when I picked it up.
Small claims court sounds like a hassle for a £100 backbox though.
Small claims court sounds like a hassle for a £100 backbox though.
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Yes that's right. I am pretty sure that the seller didn't know it was damaged (although it was probably taken from a damaged car) and it wasn't obvious at all. It only became apparent when fitting it.
Having said that, he did make a big song and dance on his advert about the fact that it may not fit all classic scoobies and buyer had to check, but the implication was that it was not the correct part for all scoobies, not that it was damaged and out of shape and therefore no longer fitted.
Now I know it's damaged, I can see the bent part, but if you didn't know you might think they are all like that.
It's in good condition apart from that and I was very happy when I picked it up.
I feel sorry for the guy for giving him grief but at the end of the day he is selling parts of a subaru that may be damaged (and in my case was).
Having said that, he did make a big song and dance on his advert about the fact that it may not fit all classic scoobies and buyer had to check, but the implication was that it was not the correct part for all scoobies, not that it was damaged and out of shape and therefore no longer fitted.
Now I know it's damaged, I can see the bent part, but if you didn't know you might think they are all like that.
It's in good condition apart from that and I was very happy when I picked it up.
I feel sorry for the guy for giving him grief but at the end of the day he is selling parts of a subaru that may be damaged (and in my case was).
Last edited by Roojai; 03 June 2005 at 11:00 AM.
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Originally Posted by Roojai
Yes that's right. I am pretty sure that the seller didn't know it was damaged (although it was probably taken from a damaged car) and it wasn't obvious at all. It only became apparent when fitting it.
Now I know it's damaged, I can see the bent part, but if you didn't know you might think they are all like that.
It's in good condition apart from that and I was very happy when I picked it up.
I feel sorry for the guy for giving him grief but at the end of the day he is selling parts of a subaru that may be damaged (and in my case was).
Now I know it's damaged, I can see the bent part, but if you didn't know you might think they are all like that.
It's in good condition apart from that and I was very happy when I picked it up.
I feel sorry for the guy for giving him grief but at the end of the day he is selling parts of a subaru that may be damaged (and in my case was).
#10
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Originally Posted by Roojai
It's in good condition apart from that and I was very happy when I picked it up.
TONY
Another Powerseller
(Not suggesting I would handle your complaint in the same why BTW)
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Picking it up personally certainly waived your distance selling rights. Had it been posted then you could have asked for your money back if the guy was a trader, so it's not always buyer beware.
Even if you just change your mind about an internet purchase from a company you have the right under the distance selling law to return it for a refund. It doesn't have to be faulty, it can be simply because you have changed your mind.
In your case however, you saw what it was that you were buying and were happy.
Instead of threatening the guy with bad feedback via email, you could have maybe asked for a refund by appealling to the guys better nature.
Picking it up yourself really hasn't given you many options but to be polite to the seller really. Failing that punch him hard in the gizzard.
Even if you just change your mind about an internet purchase from a company you have the right under the distance selling law to return it for a refund. It doesn't have to be faulty, it can be simply because you have changed your mind.
In your case however, you saw what it was that you were buying and were happy.
Instead of threatening the guy with bad feedback via email, you could have maybe asked for a refund by appealling to the guys better nature.
Picking it up yourself really hasn't given you many options but to be polite to the seller really. Failing that punch him hard in the gizzard.
#12
speaking as another ebay Powerseller,
Your stuffed, ebay wont do anything apart from send you automated emails, best just to write it off as experiance, and if you are desperate just put it back on ebay if you make a good advert you may even get more for it! Just say that it "may not fit all scoobs"
Your stuffed, ebay wont do anything apart from send you automated emails, best just to write it off as experiance, and if you are desperate just put it back on ebay if you make a good advert you may even get more for it! Just say that it "may not fit all scoobs"
#13
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Originally Posted by Spoon
Instead of threatening the guy with bad feedback via email, you could have maybe asked for a refund by appealling to the guys better nature.
Thanks for all the advice though. I will know to check the back plate of any second hand backboxes for warping from now on.
Cheers.
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Originally Posted by Scooby Soon!
speaking as another ebay Powerseller,
Your stuffed, ebay wont do anything apart from send you automated emails, best just to write it off as experiance, and if you are desperate just put it back on ebay if you make a good advert you may even get more for it! Just say that it "may not fit all scoobs"
Your stuffed, ebay wont do anything apart from send you automated emails, best just to write it off as experiance, and if you are desperate just put it back on ebay if you make a good advert you may even get more for it! Just say that it "may not fit all scoobs"
#16
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I am going to see a welder this lunchtime to get it sorted. I tried bending but no chance. the welder quoted me £80 to get it fixed but he thought it was a lot worse than it actually is so hopefully I can get that very significantly reduced.
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Good luck getting it sorted and well done for not wanting to put it back for sale for another poor unsuspecting sod to get stitched up. This time it really would have been advertised knowing it might not fit. When you bought it maybe the guy didn't really know, who knows?
You're a dying breed.
You're a dying breed.
#18
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Originally Posted by Roojai
I could not sell it now that I know it is faulty. I risk bad feedback and a bad conscience
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