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Do I have to refund this ebayer?

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I sold a lot of mac sims games on ebay for £8.50 + £2 postage. The buyer has contacted me demanding a full refund for the games since I hadn't mentioned that they are incompatible with intel macs. I m… Read More
drspa44 Avatar
7y, 9m agoPosted 7 years, 9 months ago
I sold a lot of mac sims games on ebay for £8.50 + £2 postage. The buyer has contacted me demanding a full refund for the games since I hadn't mentioned that they are incompatible with intel macs. I mean what?! I didn't think I needed to post system requirements or mention that since the sims 1 is a 2000 game, it probably won't work with the latest tech. You get what you buy and she got the games she bought. She said she looked at the system requirements on amazon, but since they were written years and years before intel macs, of course they won't mention if the games will work or not.

You can't buy a copy of Crysis on ebay and demand a refund because it doesn't work with your netbook, on the grounds that it was sold as a PC version!

If she gets paypal involved is it likely that she'll win the case?
drspa44 Avatar
7y, 9m agoPosted 7 years, 9 months ago
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suspended 1 Like #1
I think they should of checked the specs themselves, did you list specs in post?

Edit sorry just seen the last bit.

I wouldnt refund but paypal will prob swing buyers way
1 Like #2
what a plank.

i honestly dont know. Paypal seems to screw the seller over now.

Ask him to return them to you, then give him the refund.
1 Like #3
mugglesquop
what a plank.

i honestly dont know. Paypal seems to screw the seller over now.

Ask him to return them to you, then give him the refund.


Yeh get them to send back before giving the refund.
#4
Starr
I think they should of checked the specs themselves, did you list specs in post?


I didn't since it was sort of a job lot. This was what I wrote on the description:

I'm selling my sims collection. Included are the mac versions:

The Sims (no box and scratched disc. I have included a working duplicate of the CD)
The Sims Living Large (no box and scratched disc. I have included a working duplicate of the CD)
The Sims House Party (perfect condition)
The Sims Hot Date (perfect condition)
The Sims Unleashed (perfect condition)
The Sims Makin' Magic (perfect condition)
The Sims Vacation (perfect condition, but no box)

Includes 'The Sims' manual - manual has some writing on the spine as it sat on my bookshelf for a while. These items are notoriously expensive for mac users, so grab yourself a bargain!

The two 'scratched discs' did not work in my older CD driver, however, the duplicates I've made do work perfectly.

Payment by Paypal within 3 days of purchase please. Please note that postage is not free, but £2.00 by 2nd class delivery and I will post within 3 days of receiving payment. If you collect in person from my SW london address, cash on collection subtract £2.70 from the total price. Any questions, please ask! Good luck bidding!


I imagined it would interest older ppc mac users, because let's face it, who really wants to play the sims 1 when 2 and 3 are out?:roll:
1 Like #5
Surely it's up to the buyer to ensure what they are buying is suitable for their system?

I wouldn't refund. (unless of course the evil Paypal forced me to)
#6
Should I tell them I can only refund the money minus postage and fees? Since I've done nothing wrong, I don't feel I need to offer any refund!
1 Like #7
Its up to you to post a accurate description of your items did you do this ??? who knows only can paypal decide .
#8
drspa44
Should I tell them I can only refund the money minus postage and fees? Since I've done nothing wrong, I don't feel I need to offer any refund!


Think you might get the fees back. But tell them minus the postage.
#9
ChipSticks
Surely it's up to the buyer to ensure what they are buying is suitable for their system?

I wouldn't refund. (unless of course the evil Paypal forced me to)


I'm actually hoping Paypal will refund me £30 odd for some DS games that were fake. The seller offered me a £5 partial refund (how kind!)
1 Like #10
drspa44
Should I tell them I can only refund the money minus postage and fees? Since I've done nothing wrong, I don't feel I need to offer any refund!


yes i would. you do not have to refund postage costs.
#11
drspa44
Should I tell them I can only refund the money minus postage and fees? Since I've done nothing wrong, I don't feel I need to offer any refund!

Look its not much money just pay back the whole lot and move on. I expect you will get neg feedback if you start saying you are not paying postage and its not your fault etc etc.
#12
How can you possibly include every system the game you're selling will or won't work on?

I'm sorry, I would tell the buyer to spin. lol

Can't believe Paypal would find in favour of the buyer, sucks.
1 Like #13
Yeah refund less postage plus block them as a future buyer.
1 Like #14
The buyer should have checked compatbility. You've stated that the games are compatible for Macs and that they are clearly old games. I wouldn't expect old PC games to run on my Windows 7 pc as Windows 7 wouldn't have been made then.
1 Like #15
if u buy a pc game from game or somewere and it dosnt work becuase of the system requirements they dont allow refunds so why should :thumbsup:
#16
chri1143
The buyer should have checked compatbility. You've stated that the games are compatible for Macs and that they are clearly old games. I wouldn't expect old PC games to run on my Windows 7 pc as Windows 7 wouldn't have been made then.


ViperKeith
if u buy a pc game from game or somewere and it dosnt work becuase of the system requirements they dont allow refunds so why should :thumbsup:


Exactly and exactly.

it has to be up to the buyer to check, she admitted checking and not finding her system listed as suitable. Bit of a plank if you ask me.

I'll say it again, I wouldn't offer a refund, lol
#17
should I say no, but perhaps offer a partial refund if she takes it to Paypal? Is there a ebay disclaimer or something that supports me?
#18
chri1143
The buyer should have checked compatbility. You've stated that the games are compatible for Macs and that they are clearly old games. I wouldn't expect old PC games to run on my Windows 7 pc as Windows 7 wouldn't have been made then.


Thats not really the same thing, but close.
#19
drspa44
should I say no, but perhaps offer a partial refund if she takes it to Paypal? Is there a ebay disclaimer or something that supports me?


I would point out to her that she checked before buying and couldn't be sure it would work on her system, so she took a chance on the purchase. It wasn't your fault. She will take it to Paypal, you just have to point out the same to them and hope they see sense.
#20
ChipSticks
Exactly and exactly.

it has to be up to the buyer to check, she admitted checking and not finding her system listed as suitable. Bit of a plank if you ask me.

I'll say it again, I wouldn't offer a refund, lol


thanks. that's exactly what I'm thinking... the only thing is, I think Paypal may misinterpret what I've sold. For two of the games, I bought at a car boot sale and they wouldn't work due to being very badly scratched until I used disc recovery software to make dupes. I wonder if Paypal would think this legal...
#21
ChipSticks
I would point out to her that she checked before buying and couldn't be sure it would work on her system, so she took a chance on the purchase. It wasn't your fault. She will take it to Paypal, you just have to point out the same to them and hope they see sense.


Actually, for a novice mac user, I can see how she might interpret these requirements as compatible with her intel mac:

MacOS 8.1 or later
G3 processor at 233 MHz or faster (333 MHz recommended)
64 MB of Memory (96 MB recommended)
2 MB VRAM (4 MB recommended)
8X CD-ROM (16X recommended)
Hard drive, with 350 MB minimum free space
Monitor and videos card capable of 800x600 and Thousands of Colors
QuickTime 4.0 (included)

She would have thought that the game would fly on her system!
banned#22
drspa44
thanks. that's exactly what I'm thinking... the only thing is, I think Paypal may misinterpret what I've sold. For two of the games, I bought at a car boot sale and they wouldn't work due to being very badly scratched until I used disc recovery software to make dupes. I wonder if Paypal would think this legal...


so you sold copies, if you have i would refund asap before it is noticed
#23
sassie
so you sold copies, if you have i would refund asap before it is noticed


I also included the original discs. I thought it would be fine as long as there's a legit disc and a working disc.
banned#24
drspa44
I also included the original discs. I thought it would be fine as long as there's a legit disc and a working disc.


and did you list this in your item description, think this could get messy if they put in a claim


ok i see you did, i still think it could get messy, we cant just make copies of non working dvd, games, and sell on broken disc with copy, not sure what the legal stance on this would be
#25
sassie
and did you list this in your item description, think this could get messy if they put in a claim


Yes, I said:

The Sims (no box and scratched disc. I have included a working duplicate of the CD)
The Sims Living Large (no box and scratched disc. I have included a working duplicate of the CD)

And in the picture, you can see the legit discs. However, I don't think the buyer cares much about this. Also, I did actually mange to get the scratched discs to be read in a newer mac. I only had troubles with them in my first imac g3. I thought it best to include them in case the buyer would be installing the games onto an old machine with a basic cd drive.
#26
I've just replied to the buyer:

I'm sorry that the games are incompatible with your mac, but as I have not misdescribed the product and I am not a business seller or pro-merchant, I am not obligated to offer a refund for non-faulty goods. I do not have to post system requirements for the games. It is always up to the buyer to do the research before buying games to check if they're suitable for their system. Since I'll be losing time and money reselling these and I haven't done anything wrong, I don't see why I need to refund. The games are useless to me too - I haven't played them since I sold my imac g4 ages ago. I'm sure you'll be able to get your money back selling them on. They go for a lot on ebay and amazon, but I haven't got the time to sell them on individually.



btw, thanks for the help everyone. i've given you all rep.
#27
Oh good lord,i fear this won't end well!
banned#28
drspa44
Yes, I said:

The Sims (no box and scratched disc. I have included a working duplicate of the CD)
The Sims Living Large (no box and scratched disc. I have included a working duplicate of the CD)

And in the picture, you can see the legit discs. However, I don't think the buyer cares much about this. Also, I did actually mange to get the scratched discs to be read in a newer mac. I only had troubles with them in my first imac g3. I thought it best to include them in case the buyer would be installing the games onto an old machine with a basic cd drive.


i think you may find if its their only way of a refund they may change their mind
#29
deb8z
Oh good lord,i fear this won't end well!


yeah got a feeling this won't go away. the buyer has probably copied the games and now wants a refund, I suppose it saves their bandwidth allowance.
#30
ants97
yeah got a feeling this won't go away. the buyer has probably copied the games and now wants a refund, I suppose it saves their bandwidth allowance.


Perhaps, but I think the risk of not getting a refund would be too great. Then again, the only mac sims 1 game that is on torrent sites is the original, so I guess for someone who wants to build up their collection... :whistling:
#31
If it was me, then i'd also be expecting a refund, if i bought a Mac game then i would expect it to work on a Mac system. It seems that this is based on a hardware change in the Macs, rather than a software change, so should have been pointed out.

Get them to post it back to you, and then just hit refund in Paypal. I personally wouldn't add the cost of their postage on to the refund, and then you just take the hit of your initial postage.
#32
peodude
If it was me, then i'd also be expecting a refund, if i bought a Mac game then i would expect it to work on a Mac system. It seems that this is based on a hardware change in the Macs, rather than a software change, so should have been pointed out.

Get them to post it back to you, and then just hit refund in Paypal. I personally wouldn't add the cost of their postage on to the refund, and then you just take the hit of your initial postage.


I wholly disagree. It is upto the person buying on ebay to check this stuff. The seller isn't a shop so cannot be expected to detail every single system it will/won't work on. Its like buying a dos game and kicking up a fuss when XP doesn't like it. You shouldn't expect a refund. YOU SHOULD DO SOME RESEARCH YOURSELF.

There are far too many idiots and scammers on ebay. DO NOT BACK DOWN
#33
tinkerbell28
Erm your not going to have a choice about refunding including postage as you have sold copies, which is not legal no, so atlhough in your listing, which I am suprised was not reported, if buyer opens a SNAD and says she got copies and just re-read the listing and points them to you confirming so she will win WITHOUT having to return the goods, your not supposed to send fakes/copies/counterfiet goods through the post.


Sorry to be the bearer of bad news and all, I don't think this will end well at all on the stance you have taken, should of just refunded and been done tbh.


Then what about people selling job lots of CDs who say that some of them are copies? I saw this listing today:

The seller says: This auction is for all my CD's from my DJ collection- all now transferred to i-tunes and hard drive. There are 4 boxes, the small one has about 80 CD's in it, and the others at least 150 each, so well over 500 in total. Covers all genres, a lot from the "Now" series, a fair number of compilations and a few oddities like movie soundtracks, sound effects and jewish wedding music . Quite a few of them are copies, but it would take me a couple of days to catalogue the lot and I can't be bothered.

Definitely sold as seen and no returns, but the successful buyer is quite welcome to sift through them.

From: http://cgi.ebaaaaaaaaaaaaaaaaay.co.uk/500-cds-as-a-lot-must-sell-as-one-lot_W0QQitemZ190340510376QQcmdZViewItemQQptZUK_WSJL_Wholesale_GL?hash=item2c512db2a8
banned#34
ebay rely on reports, if there not reported then they remain, or do you think ebay check out each listing - lol
#35
tinkerbell28;6584221
You sold copies at the end of the day which is illegal, if she files a snad saying she got sold copies, she will win without having to retun the items, quite simply.

Exactly:thumbsup:


That is utter rubbish. The OP sold ORIGINAL disks with a backup copy for use as the original was scratched. This is perfectly legal and is recommended to protect the original discs. If you really don't know what you're talking about, don't offer an opinion as "fact".

And as for the original question, the OP has not mis-sold the games. Do the original specs say it wouldn't work on a machine built long after the game was released? No. The OP hasn't mis-described anything. Only offer a refund (minus P&P) if they send it back.
#36
well I'll see what she says from my last email. I'm not sure how experienced she is in terms of paypal know-how, as she's only been a member since april and has 16 feedback.
banned#37
drspa44
Then what about people selling job lots of CDs who say that some of them are copies?


Just because some other people are getting away with it doesn't mean its allowed or legal
#38
suchafunkymonkey
That is utter rubbish. The OP sold ORIGINAL disks with a backup copy for use as the original was scratched. This is perfectly legal and is recommended to protect the original discs. If you really don't know what you're talking about, don't offer an opinion as "fact".

And as for the original question, the OP has not mis-sold the games. Do the original specs say it wouldn't work on a machine built long after the game was released? No. The OP hasn't mis-described anything. Only offer a refund (minus P&P) if they send it back.


thanks. I think if she keeps persisting, I'll offer a refund minus p+p and fees once she's returned it.
1 Like #39
tinkerbell28
If she opens a SNAD you gonna have to refund p&p too.........


Flogging and horse spring to mind here tinks oh and cloth ears lol
#40
tinkerbell28;6584363
I do know for FACT that as the original disks are unusable in some cases then if the buyer files a SNAD they will win as in effect the original disks are useless so op has sold copies, therefore counterfeit games.

See it all the time, so until you know what your talking about, stop giving back incorrect advice, for one she has to refund p&p as paypal will FORCE THAT ANYWAY :roll:


You stated that it was ILLEGAL to sell these disks as they were copies. Its not illegal under British law to make a backup of software that you own while you still possess the original copy as long as you adhere to the terms of the software licence. The OP also said that the original worked in newer mac, which proves they're not useless and are just scratched, hence the need for the recovered disk.

So you've told the OP that it is both "Illegal" and that the discs were "useless". Both of which are untrue. Regardless of what Paypal do, the OP has done nothing wrong.

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