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 ladyjewels2000
 
posted on July 1, 2001 02:54:19 PM
I posted this under Buyer be ware and no one came. I am really trying to do the right thing. Can you help.
posted on July 1, 2001 07:44:08 AM edit
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I recently bid and won an auction on a Vanity Set. Now, I usually just sell on ebay and have only purchased 5 or 6 times in about 3 years.
The description said "Gorgeous 4 piece vanity set.......I believe this is sterling but I'm not sure" Then he gave the sizes of each piece.
I emailed and asked if he would send me a close up and a photo of the other side. He replied that the set was at another location but here is a close up....However he forgot to attach????? It was getting late so I bid anyway.
I doubted it was sterling but bid anyway thinking that if he thought it was sterling atleast the silverplate was in good condition and it look wonderful in the auction photo.
When I received it - it was silverplate and lacked MOST (about 50%)of the plating. There were also dents and dings. One brush was even corroded. How could he possibly THINK THIS WAS STERLING. I saved his photo just in case I needed it and here was his title "momspset" Think that stands for Mom's silverplated set??
He now says he doesn't know much about sterling (but 2 out of 4 of his items now listed are sterling) and that he didn't say anything about it being in excellent condition. He will refund my auction amount but I must pay SHI both ways - about $12.00.
I ALWAYS list any problems with my items (to a point of making them sound worst than they are) and have almost 300 feedbacks with no negatives. He has about 20 FB.
Am I being unreasonable to expect a full refund plus shipping?
Do I have any recourse with ebay?
Is this just an expense lesson for me?
Is this why buyers are dropping like flies?
I just hate to be taken and feel like I was in the case.
If he won't refund the shipping-can I leave him negative feedback.
Any advise will be appreicated.
Thanks


 
 touchofeurope
 
posted on July 1, 2001 03:04:00 PM
Does his TOS say anything about refund if mis-represented? If not, I guess it's up to him to do the right thing.

I had the same thing happen to me a few months ago and I was so upset when the seller flatly refused to refund something that was completely mis-described and mis-represented. It was a 175$ purchase, not small potatoes for me. I finally negged her for refusing to be ethical, figured if I got a retaliatory it would be Ok since it would warn others - all this under another ID .

I would email the seller and tell him you feel this is unethical and that you are thinking of going to Safeharbor, but I doubt it will do you much good. How expensive was the item? Can you use one of those replating solutions to make it look better?

 
 violetta
 
posted on July 1, 2001 03:20:50 PM
Personally, I feel that he was trying to be deceptive, if the side he showed was nearly perfect, while the other side was damaged. Of course I feel that he should refund the shipping both ways, since the item was misrepresented. On this small of amount of money I don't know if there is any recourse via ebay, but you can give a negative feedback if this isn't resolved to your satisfaction.

I would communicate with him further, explaining why he should refund the shipping as well -- he didn't disclose the damage, and the damage is not your fault so you shouldn't have to pay for the shipping -- you wouldn't have bid if you'd known about the damage. (He forgot to attach the photo, etc.) But don't make threats -- that could just antagonize him, making it less likely that you'd get your refund, as well as possibly being considered feedback extortion. Do your best to resolve this amicably, and then if unsuccessful, leave the negative feedback.

Because it's slightly possible that he's just an ignorant dummy and not intentionally deceptive...if you can do so tactfully, I would also mention that this kind of misrepresentation could be considered to be fraud. I don't think I'd say that, yet, though, until you are certain you can't convince him to refund the shipping. You might be able to educate him about what kind of information about an item needs to be disclosed -- but that's up to you.

Violetta
(Not known by this nickname anywhere but here.)
 
 ashlandtrader
 
posted on July 1, 2001 03:25:42 PM
I think I would email the seller and explain that you do understand that he wants you to pay shipping but that you are sure that when he gets the item back he will be able to see that the item was not as described and that you do hope he will see that the shipping should also be refunded. Many sellers do request shipping is paid when returning an item (even mail order companys do this as fairly common practice), but if something is misrepresented many would cover the shipping. If he still refuses you can then leave a neg, but I would give him a bit more of a chance to actually see the merchandise again. Maybe he really does not know what he is doing. Is he new?

You can also invite him here. AW is a great place to learn! I hope this works out for you.
 
 ladyjewels2000
 
posted on July 1, 2001 03:29:30 PM
I have used the plating stuff before and I don't think it would do any good in this case. It is all silver spots on black metal. I don't see how he got the photo to look as good as it does.
I paid about $45.00 plus shipping. I felt this was a good deal but not great even if it had been in wonderful condition. There is nothing I can do with "MOMSPPIECEOFJUNK" Surely I can not sell in my mall shop, which was my intention. And I would never offer it (without being honest about the condition) on ebay.
I have been thinking about getting a second ID just for buying. Then I would not have this problem - I would just ask for all my money back and if he still refused - would return it and eat the $12.00 shipping but give him a negative to warn others. HI BUD - Don't you think dents, ding and corroded metal is worth mentioning. What is so gorgeous about silver spots on black or gray base metal.
Guess I'm going to return it and eat the shipping.
Thanks for letting me vent


 
 ladyjewels2000
 
posted on July 1, 2001 03:48:21 PM
Yeah I'll try to work it out with him but I doubt it will do much good.
I'll get back with him and let him know that I am returning the set and I feel that it was misrepresented etc etc etc.
If after getting it back he still does refund my shipping I will leave NFB. I hate to get my first NFB over this - I always thought it would be a crazy bidder of which I have had my share.
Hope you all realize it is the principle here and not the dollar amount. I just bend over backward to be sure I don't take advantage of anyone in my auctions and I guess I expect no less from other sellers.
Thanks for the great advise.

 
 
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