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False statement and description
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.
kh-stanley1
·2 years agoHi everyone,
Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread HERE if you wish to continue to discuss this topic.
Thank you for understanding.
almostinvisible
·2 years agoOut of idle curiosity, why is this issue being handled by the "community" rather than somebody at Ebay?
padi*0409
·2 years agoThe OP was a newcomer to eBay and didn't know the process.....................
sandypebbles
·2 years agoWhy wait almost a year to ask?
Because 'community' is other members who actually use eBay as buyers and sellers. and know the policies
Unlike eBay CS who simply type whatever from pre-written scripts
And we are not 'handling it' we simply try to help/advise people on they need to do
What do expect somebody at 'eBay' would have done? to handle this situation ?
domino-710
·2 years agoBecause it was asked of the ' community '- simples.
iantwy4
OP3 years agoHi all,
Thanks for all of your advice! I guess I panicked when I was told that I would be receiving a different item than what I expected, so that's why I launched the "item not as the description" as soon as I could (2 days after the seller mailed the violin out). In that case, if the violin does not arrive, is there anything that I can do?
Thanks heaps
davewil1964
·3 years agoNot much.
You can chill out. I'm not sure if you can upgrade a SNAD to a INR. I doubt it though. Perhaps read up on the eBay Money Back Guarantee, consider accumulating evidence, ie the goods, before opening cases for not as described. You have no idea what will be delivered, thus have no grounds for a SNAD dispute.
*sons_n_daughters*
·3 years agoMy understanding is you can change an INR to SNAD, but not the other way around. After all, how could you say an item is not as described, then claim it hasn't actually arrived? Hopefully the OP hasn't shot themselves in the foot. The violin wasn't cheap.
repentatleisure1952
·3 years agoiantwy4
OP3 years agoHi
The estimated delivery date of this violin is between Mar 17 and Mar 23.
repentatleisure1952
·3 years agoThank you.
Now you sit tight until Mar 24.
paper-jack
·3 years agoWhen 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/ ) .
iantwy4
OP3 years agoThanks paper-jack, I think I will getting an Australian made if I did not get the Stentor 🙂
springyzone
·3 years agoSince 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.
iantwy4
OP3 years agoThe 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.
domino-710
·3 years agoYou 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.
*sons_n_daughters*
·3 years agoWhen 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.
iantwy4
OP3 years agoThanks 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.
sandypebbles
·3 years agoThe 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
*sons_n_daughters*
·3 years agoIf 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.
iantwy4
OP3 years agoHi 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?
repentatleisure1952
·3 years agoI'm curious... how are you going to return a violin you do not have yet?
*sons_n_daughters*
·3 years agoWhy 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.
domino-710
·3 years agoHow can you say this - you haven't even seen the violin - yet. ??
repentatleisure1952
·3 years agodom...
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.
daydreams_12
·3 years agoI hope this doesn't turn into another HARP
sandypebbles
·3 years agoI 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
iantwy4
OP3 years agoThanks 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.