Hi

I just received some items i won in a ebay auction, problem is that i don't think everything is there which i think i should have received.

The auction was for a bundle of an xbox and accessories, in the description there was no mention of a wireless adpater and wired headset but they were in one of the pitcures (which was not a stock picture), i presumed he had forgotten to put them in the description because it was a big bundle, stupidly i didn't contact him first. I have been in contact and he says he got this picture from google but it is obvious it has been used in an ebay auction of somebody elses at some point which is why i thought the auction would have definately iincluded them. He is not too considerate about the situation and seeom to think he had done nothing wrong.

Now do i have any right to claim the item as being incomplete or do photos not count for much? i have looked on paypal help but can't find the answer im looking for.

Also i can't really be bothered to go for a refund or send back the stuff but if possible i would like some sort of partial refund or gesture of goodwill, do i have any leverage? is there anything i can do?

I wouldn't of minded so much if this person wasn't such an idiot but there you go

What should i do?

Any help is very appreciated

Thanks
Simon

I would say it was false advertising. Although he didn't say in the description they are in the picture.

I guess he will argue if it wasnt in the description why should he refund you.

I would get a full refund through paypal, If he wants his stuff back he can pay you the postage.

I would have thought it was only false advertising if he had included them in the item description and then not sent them and argued the toss with you. You might want to ask at the Citizens Advice Bureau for their opinion. See what they say?

You always have the power of negative feedback. Some users wish to keep 100% positive feedback, so maybe use this to your advantage.
I'm not saying blackmail him, but tell him that the image and the description was giving out mixed messages...plus ask him why he used a google image, because how could you see the condition etc?

Keep nagging, and good luck!

From a legal point of view; If it was a BIN and he was business you can return the item and get a full refund. If he informed you of this before pruchase (ie. returns policy that complies with the DSR) you only have 7 days from receipt to of the item let him know you wish to return the item and you have to pay to return it. If he fail to comply with the DSR, then you have 3 months to return it and he has to pay for the return costs. Legally it probably falls under the Sale of Goods Act, ie. item not as described, and you would be entitled to a refund if true.

If I were you I'd let the seller know what you want, stating you are not happy as the goods supplied where not as described. Give him a chance to comply, if he fails open a paypal dispute (which you've a 99.99% chance of winning).

Originally Posted by Genealogist

I would have thought it was only false advertising if he had included them in the item description and then not sent them and argued the toss with you. You might want to ask at the Citizens Advice Bureau for their opinion. See what they say?

He said though that they were NOT listed in the item description but were in the picture. Not sure how that would change it though.

Citizens Advice Bureau sounds a good idea depending on the price etc.

I would say also that the hammer will fall on your side as it was not a stock pic, if it gave the impression it was a picture of the actual goods.

Thats stupid!!!! I mean why get a bloody pic of GOOGLE if your selling a console? I Mean you have to take them your selfs!

Originally Posted by Chimp

I would say it was false advertising. Although he didn't say in the description they are in the picture..

True, but maybe he should have said that 2 or 3 items in the picture are not part of the bundle because......etc etc.

Would have stopped any confusion.

It could come under false advertisement becaue he hasn't said they were included but left them looking as though they WERE included in the picture.

personally if i was looking at the item and it doesnt look like a generic picture looks like some1s house or something i would think hes forgot to put hes got them bits and thought id be getting a pretty good bargain and hence the problem the seller has, probably paying more for the item than orignally he would of set out to.

but as a good seller they really should of put picture is not of actual item being recieved and the real contents

also being slightly savvy myself i would of asked the question if the seller hadnt quoted the extra stuff as part of the deal as alot of the time people selling xboxs break them up to get more money e.g no harddrives etc

unless it was a impulse buy with not enough time to ask a question:hitwall:

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Last edited by Osctek; 31-07-2009 at 12:37 PM.