Item in bad condition, What are the options??? - HotUKDeals
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Item in bad condition, What are the options???

Marina Avatar
8y, 3m agoPosted 8 years, 3 months ago
I bought a TP climbing frame/slide off ebay auction. Local collection. Paid £51by paypal. It was dismantled for collection. We brought it home and put it up which took about 4 hours.

Apart from mentioning that item is not new, the description in the listing was not adequate about the age and condition of the item. The condition of the item is very old, rusty and dirty. Two sets of screws missing which he/she denies now.

Apart from returning it (which will take hours to dismantle) are there any other options?

She has 3 negatives all for outdoor toys, one very recent (after I bought) about similar climbing frame.

Any ideas or suggestions greatly appreciated.

EDIT: Item was collected by my husband.
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Marina Avatar
8y, 3m agoPosted 8 years, 3 months ago
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1 Like #1
If you paid via Paypal, you can always start an "Item not as described" dispute (I imagine this is still the same even though you collected the item in person, rather than had it delivered)
1 Like #2
You could contact the seller and explain the situation, you might be able to persuade her to give you a partial refund rather than filing a SNAD report and getting a full refund.
1 Like #3
I'd take the time out to dismantle it and return it personally, i'd hate my kids playing on a rusty old climbing frame, theres not much else you can do, and make sure you leave negative feedback
1 Like #4
couldnt you see it was rusty on collection? if i sold something and the seller collected i would expect them to be sure they are happy with it before taking it?
1 Like #5
The thing about paying by paypal is that the seller has to use an online trackable method of delivery. This has not been done, so in effect you could claim that the seller has not delivered the item, they can't disprove this, so you should get your money back.
Once you have your money back, you could ease your conscience by then taking the item back to them.
#6
Thanks all for your kind replies.

mislandcomics: Yes we collected in person.

jellybaby22: I contacted the seller. She just mentions that "[FONT=Arial][SIZE=2]sorry its not what you wanted, i did say dont bid if its new you wanted[/SIZE][/FONT]"

Ritchie 2: I think a partial refund will be ok, can I ask for it??????

caggarooney: That is a definite option too. Can she leave me a negative feedback in the postive feedback? She has done that to the other buyer which Ebay has removed. Will ebay remove the neg feedback if she give one to me as well?
1 Like #7
shibi din
The thing about paying by paypal is that the seller has to use an online trackable method of delivery. This has not been done, so in effect you could claim that the seller has not delivered the item, they can't disprove this, so you should get your money back.
Once you have your money back, you could ease your conscience by then taking the item back to them.


That's a bit off!

Just say it how it is an try to come to an agreement with the seller. But tbh if you collected the item in person you really had every opportunity to check it over at the time.
1 Like #8
shibi din
The thing about paying by paypal is that the seller has to use an online trackable method of delivery. This has not been done, so in effect you could claim that the seller has not delivered the item, they can't disprove this, so you should get your money back.
Once you have your money back, you could ease your conscience by then taking the item back to them.



Surley Paypal would simply look at the sale and see plainly that it was a collection item.

IF the item is SNAD ie it was badly rusty and it didnt say so in the auction, and Paypal agree then the buyer would get their money back if they paid by paypal. Alternativey the buyer could pull the sellers phone number and ring and negotiate a partial refund.
#9
I agree with a few others.. If the climbing frame was rusty you should of seen this when you collected it..
#10
PERSONALLY, I wouldn't have bought an item that my kids were going to be playing on from a seller with 3 negs (albeit 1 came afterwards) for similar items.

Do you have the item no. so people can see the description, feedback & hopefully a pic (unless they used a 'stock'/catalogue) image.
#11
louloo;2769353
couldnt you see it was rusty on collection? if i sold something and the seller collected i would expect them to be sure they are happy with it before taking it?

Actually I bid on it and sent my husband to collect it. He didn't have any clue what I bought. He only knew he was supposed to collect a climbing frame. :)
#12
OP, if the seller leaves neg feedback then it will be removed by ebay if you report it providing it is proved that it is retaliatory feedback eg, she witheld feedback untill you left a negative.
Personally, I wouldnt leave a negative for this though, I either wouldnt leave any feedback or leave a neutral saying you got a refund.
[mod]#13
Ritchie 2;2769410
Surley Paypal would simply look at the sale and see plainly that it was a collection item.


No.....they don't recognise collection as a option so will automatically refund. Although this would be wrong of the OP. They had every opportunity to inspect it when they collected it.
#14
bod emrys
Have to agree, since you collected it you should have checked it before taking it away.


Seconded. I think "buyer beware" prevails here. Good luck though.
#15
kyalion;2769435
Seconded. I think "buyer beware" prevails here. Good luck though.

Sorry forgot to mention in the first post that I didn't go for the collection. My husband did. It thought it would be inappropriate to go in a second car with two kids in tow into a house for ebay collection. All of us and the item will not fit in one car as the seats have to be down.
#16
I agree that te OP should have inspected it however paypal's view will be that the OP should have been given time to view the item once assembled at home. Ebay is not about 'sold as seen' if the item was rusty then it should have been described as such, it's not the buyers responsibility to inspect and accept the item on the spot although you should do it.
#17
caz1cool
That's a bit off!

Just say it how it is an try to come to an agreement with the seller. But tbh if you collected the item in person you really had every opportunity to check it over at the time.


Ok, I should have explained my thinking behind this - it sounds like the seller is not really a nice person who is willing to refund, or meet halfway, or even admit that they didn't really put a fair description on the listing. Therefore, the buyer is being a little underhand by using this method, but that way, everyone is in the same position they were in before the transaction took place.
If the buyer goes down the route of "Item not as described" they would have to return it by an online trackable means, which is impossible unless they choose to post it (obviously not going to do this).
The item might have been wrapped up/tied together when the buyer went to collect, making it very difficult to check all the pieces individually or count all the screws and bolts. Just a thought.
#18
Ritchie 2;2769452
I agree that te OP should have inspected it however paypal's view will be that the OP should have been given time to view the item once assembled at home. Ebay is not about 'sold as seen' if the item was rusty then it should have been described as such, it's not the buyers responsibility to inspect and accept the item on the spot although you should do it.


Agreed. Even if I went to collect, I would be scared to say that I won't take it. :oops:
#19
Maybe the best thing to do is to tell the seller that you really are not happy with the condition of the climbing frame. Ask them to give you a full refund on return of the item. If they agree to that then hold off on a paypal dispute and dont give them a neg feedback.
Give them the chance to put it right first and then take it from there.
#20
caz1cool
Maybe the best thing to do is to tell the seller that you really are not happy with the condition of the climbing frame. Ask them to give you a full refund on return of the item. If they agree to that then hold off on a paypal dispute and dont give them a neg feedback.
Give them the chance to put it right first and then take it from there.


Agreed, my first instinct would be to try and settle this amicably. But has the buyer not already said they have contacted the seller who told them they "shouldn't have bid if it was a new one they wanted."
It also sounds like the seller wasn't entirely honest in their description of the item.

OP - do you have an item number so we can see what it says please? :)
#21
Marina
Can she leave me a negative feedback in the postive feedback? She has done that to the other buyer which Ebay has removed. Will ebay remove the neg feedback if she give one to me as well?


I thought the rules had changed and sellers could no longer leave negative feedback, to stop bad sellers posting retaliatory feedback?
#22
mrsevans101;2769703
I thought the rules had changed and sellers could no longer leave negative feedback, to stop bad sellers posting retaliatory feedback?

I mean using negative words in the positive feedback.
#23
jellybaby22;2769747
yup sellers can only leave postive feedback..
still I think you should try contactin the seller first.....see if they would give you a partial refund.....:p

thanks. I am going to ask for a partial refund, although I don't think she will give considering her response to my email was this
[COLOR=sienna][FONT=Arial][SIZE=2]the screws were there when you collected it,sorry its not what you wanted,i did say dont bid if its new you wanted,it may not be a present but it is great to play on,thanks[/SIZE][/FONT]
[/COLOR]
[COLOR=sienna][COLOR=black]And then she has stopped responding to my next email.[/COLOR]
[/COLOR][COLOR=sienna]
[/COLOR]
#24
jellybaby22;2769848
well then you will just have to be as unreasonable as she is...ask for a partial refund then if she doesnt answe or wont give one...I would go down the item not recieved route with paypl...then when you get your money back.......dismantle the climbing frame and take it back to her......:thumbsup:


Sorry is it Item not received??? :thinking: I thought it was Item Not as Described or Incomplete or similar.
#25
Can you tell us the item number, Marina?
#26
what was the item number Marina? Its a bit hard to give an informed opinion without seeing the listing
#27
caz1cool;2769913
what was the item number Marina? Its a bit hard to give an informed opinion without seeing the listing

Sorry the item number is 320280592388.
#28
The auction seems clear to me, stating it as used, showing pictures of it in a used condition and reminding the bidder that it is not new so do not buy if you want new. A buyer recently bought an untested item from with a huge number of statements such as "use caution, only buy if you understand the item" and "I have no idea if this works, buy remembering that" etc. and they since filed a SNAD through paypal. Annoying at best!
#29
Just had a look at the item. The seller does clearly state that there is rust and that it is not in new condition.
Personally, I dont think you can say that she has wrongly advertised and you did get the chance to view it in person.
#30
It is not just surface rust. The poles that the structure stands on is heavily rusted, especially where it is inside the ground that it may soon break and topple. And the blue mat is heavily soiled and dirty. In the picture it doesnt look as old as it does when you see it. That is why I bought it.

Maybe when I get home I should take actual pictures and post here so that you may be able to see the difference :oops:
#31
Really can't see how it would be item SNAD - it clear says used, mentions surface rust, states don't bid if you wan't it as new. If you go down the item not received route make no mistake that is illegal and fraud and given the correspondence you have already had with the seller they could prove this isn't the case (in a court of law if not through paypal!).

Given the item was not new you really should have inspected on collection (or told your husband exactly what you were expecting so he could decide). Why don't you relist it yourself - other bidders were also clearly interested...
#32
caz1cool;2769976
Just had a look at the item. The seller does clearly state that there is rust and that it is not in new condition.
Personally, I dont think you can say that she has wrongly advertised and you did get the chance to view it in person.


Maybe less adequately described :thinking:
#33
Well, the seller did take a few pics and mentioned the rust, so its not as if shes tried to mislead you. Further more you did go and view the item before bringing it home.
If you want it to be perfect you dont buy something that is sold (clearly) as being second hand and not in new condition, you pay more and buy new.
Sorry if I sound harsh but if I were that seller I would not be very happy, she has not done anything wrong.
#34
OK, having read the item description, I don't think it would be fair to go down the route of claiming item wasn't received. The seller wasn't dishonest in her description. Personally, I think you should have inspected the item before you bought it.
You can ask the seller for a partial refund, but it doesn't sound like she will be open to that.
Alternatively, as someone else suggested, you could sell it on and invite people to inspect it before they buy, and only accept CASH ON COLLECTION.
Good luck.
#35
caz1cool;2770010
Well, the seller did take a few pics and mentioned the rust, so its not as if shes tried to mislead you. Further more you did go and view the item before bringing it home.
If you want it to be perfect you dont buy something that is sold (clearly) as being second hand and not in new condition, you pay more and buy new.
Sorry if I sound harsh but if I were that seller I would not be very happy, she has not done anything wrong.

That is the problem I didn't personally go to collect. Also if i went I wouldn't dare to refuse collection. I don't even know if we can do that. Unless we put it up we don't know what we have. Although the pictures are there, it is really really old and dirty when you actually see it. I don't know how to explain it further.
#36
If you do not want it then sell it on and like shibi din suggested, write an accurate description and invite buyers to view before they bid. I dont think its fair to pursue anything with your seller as she seems to have given a full description and gave you the opportunity to look at the item before you handed over any cash.
#37
Marina
That is the problem I didn't personally go to collect. Also if i went I wouldn't dare to refuse collection. I don't even know if we can do that. Unless we put it up we don't know what we have. Although the pictures are there, it is really really old and dirty when you actually see it. I don't know how to explain it further.


The problem is that you sent your hubby, you should know by now that if you want a job doing properly then do it yourself lol:p
It would have only been fair to back out of the sale if she had misled you on the listing but I cant see how she has. From reading the listing I would expect it to be in the condition that you describe. I am not sure what you were expecting?
#38
caz1cool;2770057
If you do not want it then sell it on and like shibi din suggested, write an accurate description and invite buyers to view before they bid. I dont think its fair to pursue anything with your seller as she seems to have given a full description and gave you the opportunity to look at the item before you handed over any cash.

mm...
If buyers came to look it at it before bidding, I think it will go for far less money than the £51 I paid. So it is one of those wrong buys then.:oops:
#39
Marina
Sorry the item number is 320280592388.


How many of us have now clicked to see it, I wonder? :p
#40
caz1cool;2770074
I am not sure what you were expecting?

Something that is about 5-10 years old (max). Honestly the item looks ancient, really.:oops:

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