Is this a case of "false and misleading representations"

[phillb_in_melbourne]

I'm currently caught up with an issue where a piece of equipment has supposedly failed. The seller says he would replace it.

After researching (a lot) I've discovered my issue is similar to one with an earlier model. The unit may have not failed and simply cannot perform the function and is not fit for purpose.

Turns out the the seller's original ad very obviously shows an old model but claims it is the new model in the title. The two models look very similar. The listing is still running as are many competitors listings showing the same images and making the same claim. It's pretty clear most buyers will not be able to tell which model they are receiving (as I couldn't). The particular change in the new model apparently addresses my issue.

Packaging turned out to be what appeared to be the old model. Don't know if I had the new or the old model because it's been sent back now. Still waiting for the replacement and seller is not being communicative about delivery of the replacement.

Is the original advert on eBay a case of "false and misleading representations" as defined here in point 2 of

"What are false or misleading representations?" on the Victorian consumer affairs web site.

http://www.consumer.vic.gov.au/businesses/fair-trading/advertising-and-promotions/false-or-misleadin...

[putney32]

phil regarding your claim, so long as you claimed thru paypal and returned it by trackable means to the address supplied by paypal the seller will have to make a refund.

[2106greencat]

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@putney32 wrote:

phil regarding your claim, so long as you claimed thru paypal and returned it by trackable means to the address supplied by paypal the seller will have to make a refund.

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If you didn't go via paypal but sent it trackable - you need to open INAD dispute now, and when paypal ask for the proof of return show them the postal documentation.

You quote - Still waiting for the replacement and seller is not being communicative about delivery of the replacement.

If you just sent back to the seller because they asked you to, you may not get anything at all and be out an item and the money paid.

Open the dispute now.

[phillb_in_melbourne]

Firstly thanks for the replies.

I think I'm looking down the barrel of no protection here. I used CommBank to send the money somewhat based on the seller reputation, which looks pretty good.

The INAD is too late because it's over 45 days, however customer support has been very helpful after I phoned. I tried to open a dispute on the 46th day. I figured the seller was possibly stalling. CS advised me then, on a course of action which I've been following. Today's call was also very helpful.

The seller may yet send something back, who knows. The item was sent trackable and the seller has confirmed receipt. As well as making various promises which have not been kept.

Everyone I talk to about this says don't delay getting various processes in train, which is what I've been madly doing all day.

However, getting back to the question: Is it permissible on eBay to show a picture of one model and then describe the product as a different model? I get the feeling the answer may be no.

[2106greencat]

Is it permissible on eBay to show a picture of one model and then describe the product as a different model? I get the feeling the answer may be no.

The answer is definitely no.

You may not come out of this financially satisfied, but don't let the 60 days go by for leaving feedback.

Also - use the link on the item page to "Report this Seller" if you haven't already done so.

Actually - leave a negative now, that may well get a response.

[phillb_in_melbourne]

I'd like to thank everyone for the help provided.

After a further reminder phone call on Friday evening the seller has just emailed through tracking details of a package which he claims will be sent on Monday. As he's promised that before I can only hope that something is actually sent and that it resolve the technical issue.

On the feedback suggestion, I had already left positive feedback as the original unit was sent promptly and didn't display the issue until it was finally installed and the conditions triggered the fault. By that time is was a couple weeks after receiving the unit and the other parts had arrived.

Is it possible to leave further feedback relating to guarantees etc? or should I wait to see if the replacement unit actually arrives and resolves my issue. Actually I can't see how to leave further feedback now. Interestingly among the several thousand positive feedback left there are a handful of negative ones which seem to outline similar customer service issues.

I will now try to get eBay to resolve the "false and misleading representations" issue. I'm guessing that means all sellers showing pictures of this item need to show an actual photo of the unit they intend to sell and correctly identify the model.

[cq_tech]

Click on this link if you wish to leave follow-up feedback for your seller... http://feedback.ebay.com.au/ws/eBayISAPI.dll?ReviewFeedbackLeft