posted on March 25, 2001 10:00:54 AM new
Wanted some advice on an item i bidded on with Ebay, this person had an MP3 player listed, in his ad he had slight cosmetic damage, which was basically hidden in his wording, didn,t stop to complete sentence when he mentioned it.
When i received the item the glass had 3 large cracks on it which i consider more then cosmetic, his only picture of the player outside the box was still in a plastic wrap which hid the cracks, which i feel he purposely did so you couldn,t see the cracks.
Told him this and said i wanted a refund but he refuses saying it was only cosmetic, i feel this is fraud and should be reported.
Would love to hear your comments on the matter, thanks to all that respond.
posted on March 25, 2001 10:18:00 AM new
Does the thing work OK?
If the creacks do not affect the performance of the item in playing music then they are indeed cosmetic. i.e. only effecting the appearance and not the function.
So I don't think you can agrue that they are not cosmetic, but perhaps you can argue about weather they are "slight" or not. If "slight" is the word he used.
posted on March 25, 2001 10:20:50 AM new
I know hindsight is 20/20, but when a seller describes something as "a flaw," but then doesn't describe the flaw, I run from the auction. I figure either the seller is hiding something, or they're too lazy to describe the flaw - either way, I don't want their item.
If the player works, and the cracks are indeed cosmetic, thought not "slight" as he mentioned in his ad, you may be out of luck.
However, if you feel defrauded, you should certainly present your case to Safe Harbor.
posted on March 25, 2001 10:48:52 AM new
Did you email the seller to clarify what he meant by "slight cosmetic damage" before bidding?
Another thing to consider is how much money you saved by purchasing the item in this condition. Is it worthwhile to have the glass replaced? You may still be better off in the long run if you keep the unit & fix the glass if it bothers you.
For future reference, always ask the seller if there is something you would like clarified. I agree with the previous poster that said if there is damage mentioned but not elaborated on it would appear that the seller is trying to hide something & I would most likely not bid.
[ edited by debbielennon on Mar 25, 2001 10:49 AM ]
posted on March 25, 2001 12:33:09 PM new
Seller is responsible for an accurate description, and is not entitled to hide behind clever wording to avoid this responsibility. It's the message conveyed, not the words, which matters.
If you feel the item was misrepresented to the point that you don't want it, contact seller and insist that seller take it back including two way shipping.
I'd avise against using this miscommunication to attempt to get a partial rebate; the flaw indeed seems "cosmetic", for a broad definition of cosmetic. Your request would be muddied, and seller would become defensive if seller came to feel you were happy with the item but were trying to collect some money anyway.
posted on March 25, 2001 05:52:31 PM new
What is it with you people ?? Most of you bidders want something for nothing , I am sure if you came out on better end if the deal you would not be here crying about a crack. Why is it that the bidder is to lazy to email the buyer and ask a question ?? If you want new go to the store .This sounds like the stuff that kids cry about and then go cry to there mom about (ebay)!!!!
posted on March 28, 2001 09:43:08 AM new
The seller is wrong, regardless of the many details surrounding this transaction!
The truth of the matter is that the seller could have avoided this entire situation by honestly and accurately describing the goods he is selling. His "comsmetic damage" description was intended to be ambiguous and he was trying to mislead buyers with his description. He's got a working unit with cracked front glass, not "cosmetic damage"
This person deserves the label of a "bad seller" and is exactly the type of individual that gives online selling and eBay its sometimes bad name.
Good sellers stand behind their product and are sure to properly describe their goods. In addition, they are careful to treat their customers in the proper manner and to defuse problems when they arise. They don't hide behind their ambiguous ads in a weak attempt to substantiate their ill-reseason bad judgement.
By the way, I'm a seller and I take responsibility for my actions. I'm one of many of us good folks out there making an honest living selling on the net. I'll be doing for a long time, long after the riff-raff burns out. All because of making good decisions along the way....
posted on March 28, 2001 12:26:52 PM new
If I were the seller, I'd take it back, less postage, less nonrefundable ebay fees.
However, if the unit works, then the cracks were cosmetic. Just highlights the importance of asking questions first (how big are the cracks, where are they, can you send me a picture) before you bid. A responsible seller should refund under these circumstances, but I don't think they're obligated to, and I don't think they deserve a neg if they don't!
posted on March 28, 2001 12:38:31 PM new
Gee tooltrader,
I am sure your customer service is steller, but not all sellers are as conscientious as you are.
And by the same token, not all bidders are lazy.
Some even give a seller the benefit of the doubt.
Macjackson did.
I would get a written return policy in writing before bidding.
I would also let him know, since it doesn't sound like that's what you have, that the "cosmetic" damage (seems to) indicates impact damage.
If you haven't gotten a satisfactory answer, go to safeharbor, timesensitive, and report mail fraud.
I think the guy dropped it and wants to get some recoup on his loss.
Good Luck!
