topic Re: False statement and description in Buying

False statement and description

iantwy4 — Sun, 12 Mar 2023 02:57:15 GMT

I recently purchased a violin. Their website sells a violin, called Stentor Arcadia, but when I paid for it, and the seller contacted me saying that they are actually selling Stentor Elysia (which is one grade lower). The seller also claimed that the Elysia is a higher grade than the Arcadia, and that they are "giving me a free upgrade". As I was rushing to work (he called me in the morning) and didn't know much difference between these 2 violins, I verbally agreed for him to send me the Elysia.

However, after doing some research online, I concluded that Arcadia actually had a higher grade and that they were making a false statement. Their website clearly indicates that they are selling Arcadia, so I requested a refund, but they currently refused my return.

What can I do in this situation? I reckon the seller has made a false statement/description for what they are actually selling, especially they indicated that they have 2x Arcadia avialable, which means that they actually have stock.

Re: False statement and description

sandypebbles — Sun, 12 Mar 2023 02:04:27 GMT

I would have thought an item not as described dispute would easily trump who said what 'on the phone'

And leaving the seller neg feedback if you believe they were deliberately deceitful

Personally, if I were buying something like that, I would be doing research before even bidding/buying

Let alone agreeing to something unknown verbally

Re: False statement and description

*sons_n_daughters* — Sun, 12 Mar 2023 02:05:05 GMT

When the violin arrives, if it is in fact the Elysia, then open a dispute for item not as described. You bought and paid for an Arcadia, therefore, that's what you should receive. Once you open a dispute, if the seller wants the violin back, then they need to send you a postage label to post it back. If they are outside of Australia, then they need to send the money for postage. You are not to pay for return postage.

If after 4 days the seller hasn't responded to the dispute, ask ebay to step in and help. They should then close the dispute in your favour without you having to return the violin. You should get a a full refund.

Re: False statement and description

springyzone — Sun, 12 Mar 2023 21:28:48 GMT

Since the seller called you on the phone, there is no record of you agreeing to a substitute.

In any case, you bid and paid for an Arcadia and that is what you are entitled to get.

I know nothing about violins but did a quick google and the website I saw stated that the Arcadia was 'top of Stentor's range of high-grade orchestral models', while the Elysia was 'one of Stentor's range of high-grade orchestral models'. I'd expect the seller to know the basic gradings so yes, I suspect he was lying to you. Only reason I can think of would be he couldn't lay his hands on the Arcadia model right then, perhaps it was at another shop.

You don't have to worry, you don't have to get him to cancel. If the wrong item arrives, do exactly what sons n daughters advised. Be aware you are likely to get a full refund but not an exchange.

If possible, head to some real shops to buy or at least browse as it is a fairly pricey type of item and you need to see what you are getting.

Re: False statement and description

paper-jack — Sun, 12 Mar 2023 22:00:04 GMT

When you have resolved this problem, if you end up without a Stentor violin (that was made in China), perhaps consider the possibility of an Australian made instrument, the Australian Violin Makers Association may be able to help you (https://avma.org.au/ ) .

Re: False statement and description

iantwy4 — Mon, 13 Mar 2023 04:13:22 GMT

Thanks sandypebbles for your advice. You are right, I should have done more research on violins, I did not expect him to have no stock for the Arcadai (especially he claimed to have 2), so I did not actually look up on Elysia.

Re: False statement and description

iantwy4 — Mon, 13 Mar 2023 04:16:09 GMT

Thanks sons_n_daughters, as the moment, the seller refused to allow me to return it, but I hope he will as soon as eBay steps in.

Re: False statement and description

iantwy4 — Mon, 13 Mar 2023 04:17:14 GMT

Thanks paper-jack, I think I will getting an Australian made if I did not get the Stentor 🙂

Re: False statement and description

iantwy4 — Mon, 13 Mar 2023 04:21:27 GMT

The seller claimed that the Elysia is better quality than the Arcadia, which is completely untrue after my research. The Stentor violin goes from Messina, Elysia, then Arcadia, with the Arcadia being the highest grade. I am pretty sure he knew about it, but he told me Stentor stopped making Arcadia and replaced it with a higher-quality violin, called Elysia, which is completely a lie. Based on his eBay shop, it showed that he had 2x Arcadia, but I suspect he has none. I bought from him as no one else in Australia is selling Arcadia.

Re: False statement and description

sandypebbles — Mon, 13 Mar 2023 04:24:02 GMT

The seller does not get a say in an item not as described dispute if what they sent does not match what you bought in the listing

Just make sure you follow through with a dispute and ask eBay to step in before it times out , or eBay will assume you have worked it out and are happy and will close in the seller's favour

Re: False statement and description

domino-710 — Mon, 13 Mar 2023 04:37:17 GMT

You read the description - it was the Arcadia.

You purchased from the description - the Arcadia.

If you don't receive an Arcadia - it is an item not as described & the seller either has to send return postage - and/or totally refund.

Don't bother with the seller anymore - if not an Arcadia on receipt - open a INAD immediately.

Re: False statement and description

*sons_n_daughters* — Mon, 13 Mar 2023 11:22:03 GMT

@iantwy4 wrote:
Thanks sons_n_daughters, as the moment, the seller refused to allow me to return it, but I hope he will as soon as eBay steps in.

If you opened an item not as described dispute, the seller can't refuse a return. They either allow the return, or they refund you in full without having it returned.

What dispute have you opened? Please tell us it's an item not as described, and not just a return request. If it's the latter, you've stuffed up and the seller can refuse the return and there's nothing you can do about it.

Re: False statement and description

iantwy4 — Mon, 13 Mar 2023 14:50:26 GMT

Hi sons_n_daughters, the violin has not been delivered to me yet, but I filed a return due to the item "Doesn't match the description or photos", but I need to wait until Mar 17 for eBay to step in, which surprisingly the seller agreed for eBay to step in. Is that the only thing that I can do for now (filing a return as it does not match the description)? Or how can I trigger a dispute process?

Re: False statement and description

repentatleisure1952 — Mon, 13 Mar 2023 20:19:09 GMT

@iantwy4 wrote:
Hi sons_n_daughters, the violin has not been delivered to me yet, but I filed a return due to the item "Doesn't match the description or photos", but I need to wait until Mar 17 for eBay to step in, which surprisingly the seller agreed for eBay to step in. Is that the only thing that I can do for now (filing a return as it does not match the description)? Or how can I trigger a dispute process?

I'm curious... how are you going to return a violin you do not have yet?

Re: False statement and description

*sons_n_daughters* — Mon, 13 Mar 2023 23:10:20 GMT

@iantwy4 wrote:
Hi sons_n_daughters, the violin has not been delivered to me yet, but I filed a return due to the item "Doesn't match the description or photos", but I need to wait until Mar 17 for eBay to step in, which surprisingly the seller agreed for eBay to step in. Is that the only thing that I can do for now (filing a return as it does not match the description)? Or how can I trigger a dispute process?

Why did you open a dispute before the violin has arrived? As mentioned, you can't return something you haven't received. What if it doesn't arrive at all? You can't then open a dispute for item not received. If it doesn't arrive, you've done your money.

Anyway, you should have received an email stating you have opened a dispute.

Re: False statement and description

domino-710 — Mon, 13 Mar 2023 23:37:37 GMT

@iantwy4 wrote:
Hi sons_n_daughters, the violin has not been delivered to me yet, but I filed a return due to the item "Doesn't match the description or photos", but I need to wait until Mar 17 for eBay to step in, which surprisingly the seller agreed for eBay to step in. Is that the only thing that I can do for now (filing a return as it does not match the description)? Or how can I trigger a dispute process?

How can you say this - you haven't even seen the violin - yet. ??

Re: False statement and description

repentatleisure1952 — Tue, 14 Mar 2023 05:46:00 GMT

dom...

This should not be a surprise to us... their OP says they opened a return before receiving the item... which was refused.

What a shambles.

Re: False statement and description

daydreams_12 — Tue, 14 Mar 2023 05:49:35 GMT

I hope this doesn't turn into another HARP

Re: False statement and description

twyngwyn — Tue, 14 Mar 2023 06:28:03 GMT

the HARP thread ended well.....not so sure about this 🙄

Re: False statement and description

domino-710 — Tue, 14 Mar 2023 06:49:16 GMT

And - the HARP - still - rocks. lol