Do i still have any rights................

I have traded on ebay as both a buyer and seller for some years and have 900 postive feedback and have been fortunate enough not to have had to leave negative feedback more than twice.

I bought a pool from someone that had it advertised on ebay with a picture of a pool like his pool. This showed the intex 10ft frame pool with the two holes and external pump too. He put in his advert that he would end the auction for a reasonable offer. i offered £80 all in and he accepted. £60 for the pool and £20 postage.

I then paid by paypal to his address and this did not go through ebay as i had his phone number and ebay was just a host if you like.

I received the pool but the pool is a much older model with an internal filter pump and only one hole so no heater can be attached. We only found this out two weeks later and i have emailed and texted to say that this pool is not the one in the picture (which incidently he did not state was different to the one in picture). He has basically said tough to me.

Do you have any trading standards rights with second hand goods where a picture is used for selling goods. i realise that ebay can not help and that paypal can not help but what about selling goods with a photograph and it not being anything like this.

I feel so pi...ed off because i know MOST people are honest about things. I have asked for a partial refund for this of £20 because i know it will not fetch much more but he refuses and says he will refund me less the postage which he stated was £48. (crap) I feel really angry but i know its a risk and i have taken lots of risks and been ok. Do i have any rights at all.:x

7 Comments

I think that even in private cases, that it is still a contract, and it would be a breach of the terms and conditions... would it be misrepresentation... ?

Admin

That sounds about right emma - this is one for SuperDinosteveus..

Get in contact with Ebay, it's worth a try at least.

Ooooo, this is an awkward one. Unfortunately the DSR only really applies to businesses on ebay.
What is the item number?

Original Poster

dinosteveus

Ooooo, this is an awkward one. Unfortunately the DSR only really applies … Ooooo, this is an awkward one. Unfortunately the DSR only really applies to businesses on ebay.What is the item number?


its 200095663762

XtremeDJW

Get in contact with Ebay, it's worth a try at least.


If the actual sale did not go through ebay, then they will not help in anyway at all. :-(
Paypal is an option.

marshallka

its 200095663762


Ebay cannot help, I'm afraid.
You could open a Paypal dispute. To be honest I don't see much chance of getting your money back through Paypal. Proving something is not as advertised to Paypal is costly and hard. I have known Paypal ask for the item to be returned to either Ireland or the US at your own expense.

What I would do is wait until Summer, then advertise it correctly and sell it on ebay.
Every email you receive from ebay tells you not to trade 'off' ebay for your own protection.

Sorry there's no easy solution.:-(



edit,
In fact, I don't even think you can try Item Not As Described through Paypal because I bet it was not described in the 'Invoice' or Money Request that you received.
Did you have to sign for delivery?
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