topic Re: Misrepresented item purchased in Buying

Misrepresented item purchased

jsmith1994 — Thu, 19 Sep 2019 08:05:46 GMT

Hi all,

New to this forum.

I purchased 6 vintage pokemon booster packs as, and I quote, the seller described them as:

"they are in good condition and have not been opened or weighed". The packs looks like they have indeed been tampered with, and one of them even has a big tear in it (attached picture)! In that picture you can also see what looks like glue residue.

I purchased them with the intent of on-selling them on my collection store, but I cannot do that now based on their real condition. They also listed the item as "New", which one would assume is a box-fresh pack. as you can see by the attached photos, this is not the case.

I have opened a return request but fear the process. Am I likely to see my $485 back?

Re: Misrepresented item purchased

jsmith1994 — Thu, 19 Sep 2019 08:42:20 GMT

The seller has now said he wont accept the return/refund and that he is sorry i am not happy with the items, EVEN THOUGH THEY ARE COMPLETELY MISREPRESENTED.

It is so frustrating because I now have to wait 6 days for ebay to step in and help.

He said:

"Hey mate I don’t see what appears to be wrong with the packs? When I shipped them they were in good condition as showed in the photos which show the packs clearly....."

I contacted him prior to the end of the auction with my concerns and he told me it was only "a little weathering" on the edge of the packs and that "the cards are definitely safe tho".

His listing photo was from a distance which is why I messaged him asking the extent of the damage to the packs, which he blatantly lied about them having "a little weathering". He completely left out the fact that there is a tear in one of the packs.

Am I likely to see a refund?

Re: Misrepresented item purchased

Anonymous — Thu, 19 Sep 2019 08:46:32 GMT

Have you opened an item not as described dispute?

It does not sound like the seller is interested in being helpful or admiting fault

Re: Misrepresented item purchased

jsmith1994 — Thu, 19 Sep 2019 08:49:48 GMT

Yes I definitely have, was the first thing I did 😛

I just have no experience with having this happen to me, and just want guidance on what I can expect from this dispute.

Re: Misrepresented item purchased

*tippy*toes* — Thu, 19 Sep 2019 10:34:43 GMT

Wait out the 4-6 days until you can ask eBay to step in and help, and escalate. If he refuses to rectify the situation, you will receive a refund without having to return the items. You can in good conscious return them of course. As if he wants them back and if he does, he needs to send you a postage label so you can send them back. If eBay close the dispute, he will cop a defect on his account, which can affect his selling.

EBay protects buyers. They hate sellers and rarely look out for sellers. You are OK.

Re: Misrepresented item purchased

jsmith1994 — Thu, 19 Sep 2019 10:58:54 GMT

Thank you so much for the clarification, puts my mind at ease 🙂

Re: Misrepresented item purchased

*tippy*toes* — Thu, 19 Sep 2019 11:10:58 GMT

If the seller isn't an experienced seller, I'd probably mention via the dispute that if they ignore the request, eBay will close in your favour and they will lose both the money and the items. Inexperienced sellers probably don't realise that. If you mention that, he might be more inclined to respond to the dispute, and even accept the return. If he doesn't, escalate.

Re: Misrepresented item purchased

jsmith1994 — Thu, 19 Sep 2019 13:11:21 GMT

He definitely has been responding, but is adamant he won't be giving me a refund and that he did not misrepresent the item (which he has, and quite badly). I am worried that even with the escalation that I will be stuck with the damaged packs, so I hope ebay take into account all the evidence I put forward about the misrepresented items. He claims there was no damage, but I even found one of the packets glued at the top to try and hide a tear in the pack. I am quite upset so I hope it gets resolved.

Re: Misrepresented item purchased

countessalmirena — Thu, 19 Sep 2019 15:25:04 GMT

The seller chose "new" as the item condition, and that was the incorrect condition, given that there was a tear in the packet. Even the mention of "weathering" is contradictory if the item condition was "new".

If eBay end up stepping in, it will almost certainly be in your favour. Make certain that upon returning the item to the seller, you are not out of pocket for postage. You might be best off phoning eBay via Have us call you in that event, pointing out that the seller hasn't co-operated and that you are worried about the seller refusing to refund you for postage.

eBay say: We'll call you at the phone number registered to your account, or you can enter a different number.

We’re available from 8am to 10pm AET, 7 days a week.

But let that wait until you know how the situation ends up playing out. It may be that the seller will realise that accepting the return (seller being responsible for return postage) is the best solution.

Re: Misrepresented item purchased

springyzone — Thu, 19 Sep 2019 22:27:55 GMT

I'd say you would be likely to win your case because you have some clear pictures of damage.

A seller shouldn't be writing 'new' as the description without adding explicit details of any damage and a tear definitely comes into that category. 'A bit weathered' doesn't cut it.

I would expect anything described as new to be in excellent condition, not just good.

A better word would have been unopened.

Re: Misrepresented item purchased

jsmith1994 — Thu, 19 Sep 2019 22:47:05 GMT

Thank you very much, my mind is at ease. I'm glad you've explained it all in detail for me so I know what to expect. Thank you all again so much.

Re: Misrepresented item purchased

*tippy*toes* — Fri, 20 Sep 2019 00:16:19 GMT

I know it's stressful, but sit tight. We've seen these things many times and it's extremely rare that the buyer doesn't win the dispute for not as described.

Please keep us updated.

Re: Misrepresented item purchased

jsmith1994 — Mon, 30 Sep 2019 14:46:30 GMT

So the items were delivered and signed for by the seller today and ebay advised they would process the refund once the item has been shown as delivered.

The item was delivered at 9am on the 30/9, but the case is still open. The sender has almost sent a message asking if the items have been delivered, even though the return postage parcel given to me by ebay had to be signed for before delivery.

I fear that the seller is now going to be difficult and try to claim they haven't received the item.

Any help/experience with this?

Re: Misrepresented item purchased

lyndal1838 — Mon, 30 Sep 2019 21:55:16 GMT

If the tracking shows that the item has been delivered that is good enough for ebay.

You did send it fully tracked and upload the tracking number to the dispute. didn't you?

You could ring ebay and point out that the tracking shows the item has been delivered....if that is the case.

Re: Misrepresented item purchased

jsmith1994 — Mon, 30 Sep 2019 22:50:26 GMT

Yeah I uploaded it to the case and the action bar still says "awaiting delivery" though when it shows the tracking information it shows clearly that it has been delivered on the case page.

The fact that he sent a message asking if it had been delivered makes me feel like he's going to delay this as much as he can, even though the case states I would receive the full refund as soon as it shows it has been delivered.

Is it something that ebay refunds me or is it the seller that has to do the refund?

Re: Misrepresented item purchased

lyndal1838 — Tue, 01 Oct 2019 00:48:56 GMT

If the seller does not refund voluntarily you can ring ebay and they will usually do it as soon as they check the tracking....they take the money from the seller's account.