Item not as described; sell has refused my return request, offered partial refund instead...

[tazzieterror]

TL;DR 

Is it ok for an item to show cosmetic wear when listed as "used", despite being desribed by the seller as "in new condition"?

*****

I'm just curious how this is likely to play out.

A few days ago I received a microphone purchased from an inexperienced seller.  It was listed as used, but described by the seller as being "in new condition".  When I opened it, I've discovered that it has a number of scuff marks and scratches on the body, and doesn't actually look that new at all.

I politely wrote to the seller with a couple photos, mentioned the marks, and they've replied saying they didn't really look at the cosmetic conidtion when describing it for the listing, but they can see some minor marks in the the original high-res photos they took, but as they've listed it as used (and eBay's definition of used mentions the potential for wear or cosmetic marks), it shouldnt be a problem.

I've then politely replied, explaining that since they've described it as being in "new condition", it shouldn't have any marks on it, despite being listed as used.  I apologised for the trouble, but explained I'd be puting in a return request, and then proceded to do so.

That seemed to offend the seller a lilttle; they've refused the return saying that the blemishes are within eBay's guidelines for a used item, and I should have been aware of the potential for it to have cosmetic wear. They've instead offered a partial refund of $30, which is about 15% of the sale value.

I have two questions here:

1. Is the seller correct that some cosmetic wear and scractches are acceptable, given that it was listed as used, and despite being described "as new"?

2. If I decline the partial refund, am I still able to pursue a return and full refund? What's the process that follows declining a partial refund?

Thanks in advance for any replies!

[tazzieterror]

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@fixnwear wrote:

tazzie, of course not!  New and used are not the same - they never will be.

But, please foorgive me if I have made a terrible mistake and mis understood your plight!

I was under the impression that you KNEW  the item was sec. hand.

Were you under the ipmeression that it was brand new?

That would make all the difference, of course, being advertised as new - and receiven something that was used - no matter how much in a good working order it may be!

But if the listing said used, and also said working as new - that is spot on, nothing wrong there - except maybe you just latched onto "as new" words and ignored everything else - as it's more convenient to your cause for a case "item not as described" being filed.

***And to those who suggest you leave them a bad f/back - which part of used didn't you understand. Saying something is NOT new should suffice to anyone even with a very limited command of language understandang. No need to go and mention every scratch and spot, we all know what used means. Only a major things are really worthy of special mention, description and pictures.

Honestly, I am always wandering how some people would live without the ability to leave f/back!

Especially in the cases where they clearly can't win a case - it would take away any retribution abilities whatsoever.

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fixnwear,

Here's the entire item description as written buy the buyer:

***

"Virtually new - used once or twice  - bought it for my daughter to record her piano but she was not interested. In box with cable and pouch . In new condition. "

***

No, I won't be leaving negative feedback, and I do believe it's an honest oversight, but I think if you're going to describe something as "Virtually new" and "in new condition", then it really should look like new, despite being plugged in once or twice.

Given that the seller even admitted in their messages that they hadn't looked closely at it's condition when describing it and later noticed the marks in their full-res photos, I was just a little surprised they got defensive when I requested to return it.

[tazzieterror]

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@digital*ghost wrote:

The seller's response would suggest to me that when they listed the condition as 'like new' they were perhaps referring to operational condition, rather than cosmetic condition.

I understand that the distinction is very different depending on the item in question - for example, if I bought a dress that was described as "used but like new" and it arrived damaged, then when I contacted the seller to complain they said "well, it doesn't affect the fact that you can wear it just like I could when it was brand new", I'd be a little bit miffed, because look and function affect one another for fashion items and the like.

If, on the other hand, I bought a record player that had some minor cosmetic damage but played albums exactly the way it did when it was first out of the box, I'd be over the moon. 😉 

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Yes, you're probably right, DG. When I sell used items I usually distinguish between an item's functionality ("works perfectly") and physical condition ("light marks from handling").  If I describe something as" in new condition/as new/like new" etc, then it means it boths looks and works like a brand new one.

[davewil1964]

So what is the question?

What do you, an experienced buyer, do?

What feedback, which is entirely up to you, do you leave?

What remedies you, as an experienced buyer, have?

[tazzieterror]

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@davewil1964 wrote:

So what is the question?

What do you, an experienced buyer, do?

What feedback, which is entirely up to you, do you leave?

What remedies you, as an experienced buyer, have?

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Hi Dave,

My two questions are clearly indicated at the end of my opening post, but have been answered already, thank you.

[davewil1964]

Excellent. Given you seem to have had a few issues lately, it's good that this one, at least, is resolved.

[tazzieterror]

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@davewil1964 wrote:

Excellent. Given you seem to have had a few issues lately, it's good that this one, at least, is resolved.

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You're right, I have, but the the last couple of months are the most active I've been on eBay in all the time I've been using it, so I guess it makes sense to encounter a few problems!

I only discovered these forums a few weeks ago thanks to another issue I was googling a solution for, otherwise you might have heard from me on a few other occasions as well! 

[davewil1964]

That is interesting. I've been active on eBay for 9 years and found the boards about 9 years ago. I've had very few issues, none of which I've found a need to get feedback from the volunteer members of the boards to resolve.

i suppose it is a case of me, if needing advice, having read the myriad answers already extant, to know what the go is.

[imastawka]

Ah, but Dave.....you're 'speshul'

[collect247]

No dave is speeeeeeeeeeeeeeeshhhhhhhhhuuuuuuuuuuullllllllllllllll 

[davewil1964]

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@imastawka wrote:

Ah, but Dave.....you're 'speshul'

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I certainly hope so.

As long as 'speshul' translates to having a couple of brain cells to rub together...

Or that an above average (significantly) IQ counts...

Or grumpy (almost) old man qualifies...

I'm sure I could manage at least three of those categories.