Misleading item.. Damage.. unuseable...what do you think?

[eleventh*fox]

How does this stand? Set child's foam play shapes (the large type you climb all over) listed with pictures. Brief description but not covering condition or anything else. Provided with 3 pictures.

Go to pick up item (cash) and items are much more faded, torn, covered in black revolting mould, have awful rotting foam smell and sellers relative (who had them at his house storing them) claims he had them out in the garden for ages as they were taking up space in the garage and he agrees they are in Unsalvageable condition. They had such significant water damage that out of the 8peices, only 3 could of been cleaned up.. The rest were only suitable for the bin.

Seller I don't think is aware of current condition of items as they are being sold from a different location, I am hesitant to leave her negative feedback straight away as I doubt she would of sold them had she realised what bad condition they are in.. But she is messaging now asking me to complete transaction in next few days or will take it further, I've messages her back explaining why we did not proceed with transaction, because of misleading pictures and that because of the damage- items are actually now in-useable so therefore can't be listed as what they are. As a seller, I always take pics, describe flaws And as a buyer I understand that not all sellers do this and so never expect it to be as perfect.. but to purchase an item that can no longer be used for that purpose because of damage? I think it's misleading and refusing to pay,

[bsal6160]

As with any "Pick up" item you have the right to refuse to pay for an item that is not as described. Don't worry, the seller can not take it any further. Sounds like a dodgy seller to me anyway.

[eleventh*fox]

Thanks! I feel confident that I'm not in the wrong too but just wanted to check, I don't purchase things expecting amazing things condition wise but these were beyond useful... The pictures had to of been taken months previously!

i don't mind if she leaves me neg feedback.. I've had good feedback in past as buyer and seller and am happy to add to her comment explaining why.. she is only a new seller and perhaps not aware or the really shocking condition of her items. such a shame though as these were being bought for a special needs daycare and the kids would of loved them!!

[bsal6160]

Sellers cant leave negative feedback.

[eleventh*fox]

Is there a written bit in eBay Policy that states that I have the right not to follow through if condition is not as described do you know? I can't find it although in the past I've never had a problem with a seller like this?

[digital*ghost]

It sounds like you had good reason for not going ahead with the transaction, but I'm presuming by 'take it further', the seller means they will open an Unpaid Item dispute, which they still might.

I would contact them and ask them to send you a mutual cancellation, hopefully they will as that will credit them any fees charged on the sale price and end the transaction. 

If they go ahead with a UPI dispute, and it remains unpaid (as I assume it will), neither party will be able to leave the other any kind of feedback once it's closed, and if you get a strike, you should be able to appeal and have it removed. 

[eleventh*fox]

Thanks for that info! And if it turns nasty what about my options of reporting her? Years ago it was as simple as leaving negative feedback for each other and it someone.. If we have an unpaid item dispute (that she initiates) can I then open a dispute against her for misleading listing? Just seems a bit unfair that regardless of whether I get a strike or not, she gets to carry on with no negative feedback from me?

[i-once-was-bump]

The auction only finished yesterday so the seller could do a "second chance offer" to the next highest bidder if they really think the items are usable so maybe suggest that to the seller and tell them you will agree to a mutual cancellation so that the sco can proceed.

[digital*ghost]

Unfortunately in these circumstances, your hands are a bit more tied than usual. You can report a seller for non-performance, but although eBay makes a note of such reports, they don't seem to have much - if any - effect. If an item is paid for, the options are a bit more broad, but even though you have a perfectly legitimate reason for not paying and it's no fault of your own, what you can do is rather limited. 

I personally think in these circumstances a reasonable seller would agree to the cancellation, but some will go through the UPI no matter what to protect their feedback and/or guarantee that their FVF is credited back, so even though it looks and feels like something aggressive towards the buyer (and I suppose in some cases it is), often it's more about the feedback and fees rather than the buyer. 

[chezzy]

Can you tell seller you would prefer them to obtain up to date photos of item so they can see for themselves? (while asking for a cancellation)