WWYD? Amazon question, kind of long

[gnargle2988]

Here is the situation:
I purchased an SD card for a camera that I am getting for my birthday. It is an 8gb San Disk Ultra and I bought it off the Amazon marketplace. The seller had it listed as new and said their description said "New, never been used. Comes with a protective case." I received the item yesterday in a regular envelope. The SD card was taped to a scrap sheet of paper. It was in a plastic case, but the original packaging was not there. I sell on Amazon and am always very careful to list my items correctly. I have sold cds that are new, never used but the plastic wrap is missing so I do not list them as new. I will list them as used, like new and explain that they are not in original packaging.

I contacted the seller once to verify that it was new and she said that she received the item as a gift but already had something similar. In my opinion, I have no way to make sure that this card is new. I specifically looked for a new card because I wanted the peace of mind of knowing that it would work. (I realize, new cards could be faulty/fail...but still, I feel a little more secure with a new card). I got this card because I am going to California in May and would like to take a lot of pictures. I am so worried about this card failing and losing all the pictures that I would take on this trip that I feel like I really don't want to use it. I realize that's a bit paranoid, but still.

I contacted the seller again today, explaining why I had a problem with the listing and asking if we could come to an agreement about a return. I would obviously send the card back to her. I just would like to be refunded the purchase price + shipping.

So I guess I am asking for opinions? Has anyone experienced something similar? Am I just being crazy? If she listed it as used - like new, it would be one thing. But it is listed as new and amazon says that for an electronic item to be listed as new, it needs to be unopened in original packaging.

Also, if I do send it back for a refund, what precautions should I take to make sure that she cannot dispute it. Delivery confirmation? Take pictures of the card to prove I sent it back in the condition it came in (which is really good condition, just don't want her to say that I did something to it). Lastly, I put the card into my computer to make sure it would read it and that there were no errors or pictures on it. She said something about scratches appearing on the card once it was used (supposed to show me that the card was not used because apparently hers did not have the scratches. She said that after a few uses the card would have little markings on the back. Like I said, I put the card in the computer and then took it out. There are markings on the card but I did not know what these meant until after I put it in the computer. Would they have shown up after one use? I did not check for them before so I have no idea if they were there originally.

Thanks!

 

[lynxstch]

Ask if she will accept the return as the item was NOT new , as listed..she should also return your shipping charges..if she says yes, then take a pic of the item (for future reference if needed), and YES send it delivery confirmation..otherwise you will have no proof of delivery if she says she didn't get it back...if she says NO..then contact Amazon..they back their sales of marketplace sellers..they may offer you a refund if the seller doesn't..since I 'think' that it's Amazon who actually pays the seller..not you! Good luck!

Also, don't leave seller feedback until you have attempted to resolve the situation..don't threaten them with negative feedback, either..if she solves your problem, fine, leave good feedback...if she doesn't..and you have to resort to solving the issue with Amazon instead, then just leave factual feedback after the matter has been settled!

 

[diznygirl]

If it works, I'd keep it.

 

[jlewisinsyr]

There is an easy way to tell if its new, load up a undelete program and scan the card. Deleted files will still have residual reminants unless they did a full wipe (doubtful).

In regards to your concern, I wouldn't be overly worried about it failing, that said, if you're concerned you should probably look to smaller cards going forward so you don't put all your eggs in one basket.

 

[gnargle2988]

I know, I'm probably being paranoid. But I was looking for a new card and I ordered this one because it was advertised as new. It's false advertisement and that's my bigger concern. Thanks for the advice on checking for old files, I will try that.

 

[RitaE]

Ask for a refund and if she doesn't agree file an A to Z claim.

 

[wdw_girl_18]

That's how most people sell sd cards on ebay (just in a clear plastic case, no packaging)

I wouldn't be worried about it. I've bought memory cards like that and they have never failed me on my many vacations.

I think they either buy them in bulk, or they take them out of the packaging so it is cheaper to ship.

 

[jlewisinsyr]

I think they either buy them in bulk, or they take them out of the packaging to it is cheaper to ship.

Bulk is a good point. Most bulk items do not come in consumer packaging, then there is also the consumer packaging where more then one card is sold in one pack. They may break apart the multi-pack into smaller packs to sell.

 

[gnargle2988]

Yeah, but when asked she said she got it as a gift. So unless she is lying about that (don't know why she would, if she explained that she bought it in bulk I would probably be ok with it being out of the packaging) it was not bought in bulk.

 

[LilyWDW]

You know it is possible it is a new card and didn't come with retail packaging. Depending where and how it was bought originally it could have come OEM. This usually means it will not have normal retail packaging or the original documentation. This is a decently common occurrence with electronics. In fact, I just purchased Windows 7 professional this way...

Just a thought...

 

[MickeySP]

I think you own it now.

You put it in your computer so whether the marks were there before or after is mute. They are there now and unless you took pics before you put it in - it is yours.

If I was the seller once I saw those marks, I would send it back to you.

 

[karibritt01]

I think you are being a bit paranoid. If the card works, then I would keep it.

We bought my mom a digital camera last year for Christmas. It came with a small memory card, but we bought a larger one for her with the camera. She sold the small one as new because she had never used it, and it did not have any packaging.

 

[bumbershoot]

Also, don't leave seller feedback until you have attempted to resolve the situation..don't threaten them with negative feedback, either..if she solves your problem, fine, leave good feedback...if she doesn't..and you have to resort to solving the issue with Amazon instead, then just leave factual feedback after the matter has been settled!

Definitely!

Yeah, but when asked she said she got it as a gift. So unless she is lying about that (don't know why she would, if she explained that she bought it in bulk I would probably be ok with it being out of the packaging) it was not bought in bulk.

Perhaps the person that gave it to her bought it in bulk.

 

[gnargle2988]

I know that I am being paranoid about this. But I have lost all of my pictures before when my computer crashed a year ago so I tend to be a little overly cautious about things like this. Anyway, I am going to go ahead with pursuing the return. The fact is that it was advertised as a new item which according to the regulations of Amazon means that it needs to be in the original packaging. The seller didn't have the original packaging so it should not have been listed as new. Thanks for all the advice.

 

[merryweather20]

I think you own it now.

You put it in your computer so whether the marks were there before or after is mute. They are there now and unless you took pics before you put it in - it is yours.

If I was the seller once I saw those marks, I would send it back to you.

Are you kidding? The seller lied about the item coming with original packaging. Its all on the seller, everything.

If the item didn't come with typical consumer packaging I would expect to know. If it was something reasonable, like a one of a two pack she should have stated so in her auction. It was dishonest not to.

 

[MickeySP]

Are you kidding? The seller lied about the item coming with original packaging. Its all on the seller, everything.

If the item didn't come with typical consumer packaging I would expect to know. If it was something reasonable, like a one of a two pack she should have stated so in her auction. It was dishonest not to.

"New, never been used. Comes with a protective case."

This is what she said the ad read - protective case - not original packaging. I take that to mean the little plastic case you get it in once you open the plastic package.


She opened the case and inserted it into her computer she used it. Whether it was new or used is now mute - she made it used.

As dishonest as the seller may have been she should have left it as she had received it and returned it not inserted it into her computer.


I wish you luck, hopefully she admits her error/dishonesty.

 

[LoraJ]

Are you kidding? The seller lied about the item coming with original packaging. Its all on the seller, everything.

If the item didn't come with typical consumer packaging I would expect to know. If it was something reasonable, like a one of a two pack she should have stated so in her auction. It was dishonest not to.

As stated before, the seller said it came in a protective case, not original packing. That is exactly how the card arrived. That is how mine have arrived when I bought off of Amazon and they have been fine.

 

[gnargle2988]

Yes, I understood the "comes with plastic case" to mean that this was included in the packaging. Not all SD cards come with it. It was also listed as new with retail packaging. Last time I checked that wasn't retail packaging. And Amazon is very clear on their descriptions, new has to be in original packaging. She could have listed it as used - like new and sold it just as easily. As I said, I am going ahead with trying to pursue the return. I haven't hear back from the seller yet. I figure I will wait until about Monday night and then try contacting Amazon directly. I won't lie. I put it into my computer and I will admit that. If I can't return it to them I will either re-list on Amazon or sell it on Ebay. (and describe/list it with a correct description).

 

[MickeySP]

It was also listed as new with retail packaging

If it said that then that is different, I don't see you saying that in your original post. If I missed it

But you also "used" it, if you intended to return it why did you insert in your computer? That is the only thing I am confused about.

 

[gnargle2988]

I just looked back, my original post said that the seller listed it as new, never used. I did not mention that the Amazon description that she chose for it was also new. I inserted it into my computer to see if it had pictures on it or had otherwise been used. At the time I did not know about scratches that would indicate if it had been used or not. As I said before, I am probably being overly cautious about this. But something about the whole transaction has me weary of using it. It came in a beat up envelope and was simply taped to a scrap of paper which is not really the most secure way of sending something. The more I thought about using the card, the less comfortable I feel with it. Its just a preference but I prefer to save my money and buy my electronics/accessories (such as SD cards) new.