Need advice on bad ebay purchase

[tink fan]

I'm disappointed with an item that I purchased on ebay and want some advice.

I purchased the spaceship earth monorail playset Dec. 19. It is the version that is not made any more--the monorail train goes through the playset. The seller provided a picture of the box--not the actual playset. Following is description

"Walt Disney Theme Park Exclusive

Epcot Spaceship Earth

Monorail Toy Accessory

For Ages 4 and Up

No Batteries Needed

For Uwse with the Monorail Toy Sold Seperately

Set Includes: Spaceship Earth Building, Extra Track (approx 1 foot), 1 Support Column

Some assembly required

I'm not sure if this item has been used or not"

I read the last line and concluded that the item must be in very good shape if the seller could not determine if the item had been used or not.

When I received the item, it had obviously been used. It was apparent from just opening the box (which was not sealed). The first thing I saw before even taking anything out was that it was dirty. Then I noticed rust stains inside one of the sides of the ball. When I took the item out, I saw that half of the entire structure was discolored (guessing sun damage). And there was a burn mark on the top of one of the supports-- in a very visible spot. There is no way that the seller could have missed all of this and said they didn't know if the item had been used or not.

The seller states no returns are accepted. What can I do? I don't want this item as it is. I would have never bidded if I thought it wasn't in good shape. I was the only bidder and won it for $29.99. The shipping was $21.62.

I was really disappointed. I've never had a bad experience on ebay--in fact I think most sellers do a great job disclosing the condition of the item. This seller has a lot of sales (more that 1700) and a 99.7 rating. The recent reviews were good.

Thanks for your advice.

 

[racechick8293]

If you paid with PayPal, file a "not as described" claim. IMO, the seller should have disclosed the obvious issues with the item. I've had to file this sort of claim in the past, and PayPal seems to be good at taking the buyer's side and issuing a refund.

 

[klynn]

Yes, file a dispute with PayPal. You will get your purchase price back including shipping.

 

[Kies99]

I agree with previous posters. Almost a lock for you to get your money back.

 

[smokeyblue]

You need to contact the seller first. Tell them the item is not as described, how it is not as discribed and what you want them to do about it. If they don't come back with a satisfactory solution it is time to go the paypal protection route.

I bought some scrubs for work before they were supposed to be "new". I opened them up and the reeked terribly of stale cigarette smoke and the top had a huge stain! I contacted the seller and they refunded my money immediately (I think they were one of those strip mall e-bay places). Some sellers are willling to work with you!

 

[clanmcculloch]

I'd suggest you contact the seller BEFORE filing a dispute. If the seller's not receptive to a refund THEN file the dispute.

 

[OceanAnnie]

Yes. Contact the seller first. Just state the facts. Try to keep the emotional part out. I know it's disappointing, but you'll need to keep your e-mails to show e-bay if it escalates to a dispute.

I have contacted a seller with the same type of problem (item not as described) and it did go to dispute. It was resolved by e-bay that day.

So, don't fret too much about it. It sounds like a pretty clear case to me.

 

[sam_gordon]

Playing Devil's advocate, what exactly about the item is "not as described" (at least as listed in the OP)? Is it possible the seller never opened the box?

To me it sounds like OP made an assumption ("It must be in good shape if the seller couldn't tell if it had been used") and it backfired.

 

[vicki_c]

Playing Devil's advocate, what exactly about the item is "not as described" (at least as listed in the OP)? Is it possible the seller never opened the box?

To me it sounds like OP made an assumption ("It must be in good shape if the seller couldn't tell if it had been used") and it backfired.

Interesting - I would probably think like sam - they didn't really not describe it properly, or at least they gave full disclosure that they didn't know. Whether you think they should have known or opened the box or whatever (assume that is not required by any eBay policies that I'm not aware of), they did seem to fully disclose the situation. I wouldn't think it's such a slam dunk to get your money back either.

If they had said new or excellent or like-new condition, then I think that would be a misleading statement based on your description.

 

[curious3069]

Playing Devil's advocate, what exactly about the item is "not as described" (at least as listed in the OP)? Is it possible the seller never opened the box?

To me it sounds like OP made an assumption ("It must be in good shape if the seller couldn't tell if it had been used") and it backfired.

Agree 100%. Now that isn't to say I wouldn't be contacting the seller and trying to get refund, but always ask questions and if there isn't a picture, I always assume something might be wrong with it. I'd be interested to hear what Ebay decides in this case....

 

[OceanAnnie]

To me, if the box was not sealed there was no reason for the seller not to know if the item was used or not. I believe sellers do have a responsibility to know if it is at all possible.

I have sold quite a bit on e-bay. I could see the sellers side if the box was sealed.

Saying, "not sure if it's used or not", seems slippery to me (as if that was a good loophole to use) when there was a good way to find out. Look in the unsealed box.

 

[curious3069]

To me, if the box was not sealed there was no reason for the seller not to know if the item was used or not. I believe sellers do have a responsibility to know if it is at all possible.

I have sold quite a bit on e-bay. I could see the sellers side if the box was sealed.

Saying, "not sure if it's used or not", seems slippery to me (as if that was a good loophole to use) when there was a good way to find out. Look in the unsealed box.

I agree with this too, I'd guess the seller did know (why would you not open an non-sealed box), but carefully worded the listing to just omit the condition. I'm a seller too and I'd never do some thing like that, but I'm really interested to see how Ebay would handle a case. Kind of interested also to see what the seller says if contacted.

 

[sam_gordon]

Oh, I think the seller was being a little bit shady. However, that does not mean "item not as described". I just don't think this is as "slam dunk" as others have proposed.

 

[nunzia]

Yes..contact seller first..you can be refunded original shipping costs as well, per Ebay rules. I usually state that buyer needs to pay to return item, but in a case where the description is bad, they should pay for return shipping as well. That shipping rate sounds high to begin with.

 

[clanmcculloch]

Even what a seller's being shady, ebay says the buyer has to pay to ship the item back. It stinks for buyers who purchase things with a good faith expectation that what they're buying is accurately described but I suspect it's ebay's way of preventing buyers from just filing disputes because they change their minds. It does stink for buyers. I've been on both sides though with sellers who clearly misrepresent and buyers who clearly have changed their minds or used the item for a month then decide to return the item (seriously have had that happen and they ruined it in the mean time). Having been on both sides, I can see the reason for it. This way ebay doesn't actually have to put any time or thought into disputes.

 

[walkdmc]

Even though the seller said, "no returns", I'd still contact them. They didn't reveal any damage in their description and that's misleading. Stay calm but inform them of the issues you reported here and ask them for a refund. If they don't budge, I would give them a lousy rating and report the issue to Paypal, as PP stated.

Even if they refunded me the shipping, I might be able to live with the damaged item (it sounds neat...a Spaceship Earth model...very cool), provided it wasn't purchased as a gift.

 

[Yoshi]

They listed the item as used under condition but the picture looks like it is just of the box and not the item. I would say the listing was misleading based on the description that didn't mention any damage (I found the listing by searching under completed listings).

 

[tinkerbellmagic]

Playing Devil's advocate, what exactly about the item is "not as described" (at least as listed in the OP)? Is it possible the seller never opened the box?

To me it sounds like OP made an assumption ("It must be in good shape if the seller couldn't tell if it had been used") and it backfired.

I see where you are coming from. The seller did indicate the item was used by marking it "used" in the Item Condition box, so in that way, it is as described. The seller's mistake, was in saying that he/she is not sure if the item was used or not. Had he/she just left that out, everything would have been as described, which was "used." If a good seller is not sure if the item is used or not, then MAKE SURE by checking it out!!!

The seller didn't state much of anything about the condition, but when they are evasive, it is up to the buyer to ask questions so they don't get burned. The OP bought the item in good faith and I agree, the listing was questionable, but buyers need to ask questions before they buy. With only the box being pictured, the buyer was taking a huge risk in buying without asking questions or asking for additional photos, and like Sam said, it backfired.

Sorry this happened to you, OP. I have had shoddy merchandise sent to me too, but once you have experienced this, you learn to ask questions or request additional photos prior to bidding/buying.

Actually, I usually ask questions prior to bidding on most anything to get a feel for the way the seller handles their sales. If they don't reply to my questions at all, I won't bid. If they reply with a "I can't be bothered" attitude, I won't bid no matter how much I want it.

I agree with others that you should contact the seller and see what they can do for you, but as others have said, I'm not so sure this is a slam dunk in favor of the buyer. It will be interesting to see how this pans out. Keep us informed and good luck!
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