topic Re: Significant damage to item in Buying

Significant damage to item

khani808 — Tue, 10 Jun 2014 09:08:49 GMT

Hi guys,

I recently bought a cabinet and bookshelf from the same seller. My partner picked up the items, and asked me if there was meant to be damage (once he got home). When I saw them the next day, I was shocked. The cabinet had a large crack on the top of it, and the doors had been removed; one door was warped and discoloured (to the extent that it didn't even fit the cabinet properly, and was a much lighter brown).The bookshelf also had a large crack running across it, but this was less of a big deal, as you won't be able to see the damage once there are books on there.

I contacted the seller asking about the damage, as there was no mention of it in the description or picture. He said that I should have said something on pickup. I explained that I didn't pick it up, so I didn't see the damage. I also requested a partial refund for the cabinet (only requested $15, as I paid $27 for it), given the amount of damage. He said he would rather that I returned the cabinet.

However, I had to hire a ute to pick up the items, which cost me $30, and I don't think it is worth doing so again to return the cabinet, as it would leave me out of pocket. I told him this, and said that I feel he should give me a partial refund as the item was not as described and will take a lot of work to fix up.

Do I have any other options? I paid in cash.

Re: Significant damage to item

*crikey*mate* — Tue, 10 Jun 2014 09:28:35 GMT

Sorry this has happened to you

BUT

I'm afraid this is your problem.

For pick up, you had the opportunity to inspect before payment. It is not the sellers fault you didn't so this and sent someone else.

The time to walk away was on inspection, before taking posession of it.

It's also not his problem how much it cost you to collect the item.

You might not have seen the item, but a person acting on your behalf, your delegated agent did. He should have refused delivery.

Niothing you can do now.

Remember that you have 60 days in which to express your opinion of the transaction in your feedback

BUT for a pick up item - this is your fault, I'm afraid.

Re: Significant damage to item

*crikey*mate* — Tue, 10 Jun 2014 09:36:03 GMT

the seller has been more than generous - he has offered you a full refund on return - that is MORE than he has to do.

You cannot ask him for a partial refund, or expect him to unless it is a service he says he supplies in his l;isting.

your collection/delivery costs are always your responsibility when dealing on eBay

so in all honestly, if you couldn't go to pick up, you should have asked for more pics - asked more questions before your bid.

He has said they are used.

for pick up, insopection is a given.

Your seller has done nothing wrong, and in fact has done way more than he has to for you.

Re: Significant damage to item

khani808 — Tue, 10 Jun 2014 10:23:52 GMT

The picture in the listing was of a different item (or may have been a very old picture). There is no description of any damage to the piece. I was not expecting it to be perfect (I would have been very surprised if it was), but I do expect something that resembles the picture.

Had I gone to pick it up, I would have refused it, but that's not the way it worked out as I was not able to pick it up on the day that he specified it had to be picked up. Looks like I have no recourse but feedback.

Re: Significant damage to item

*crikey*mate* — Tue, 10 Jun 2014 10:41:40 GMT

I have seen the listing.

I have seen the description.

yes, you should expect something thatv resembles the picture, but the time to walk away was before acceptance - regardless of who actually did that.

None of what you are saying is the sellers responsibility

This is all yours.

You are blaming the wrong person.

Your agent took the item away and paid for it - that is legal acceptance.

If you seek recourse via feedback, I hope the seller reports you.

Sorry that I have nothing more positive to say, but this is your mistake, you need to take responsibility for it.

Re: Significant damage to item

khani808 — Tue, 10 Jun 2014 13:08:34 GMT

I didn't mean using feedback as a form of blackmail. Geez, relax. I meant giving feedback as my experience with this- as you suggested in your first post.

Re: Significant damage to item

phorum_junkie* — Tue, 10 Jun 2014 14:44:45 GMT

The only person you should be giving bad feedback to is your partner unless you failed to give him specific instructions to inspect them first before paying in which case you8 should take yourself to task.

Re: Significant damage to item

padi*0409 — Tue, 10 Jun 2014 16:31:53 GMT

@khani808 wrote:
I didn't mean using feedback as a form of blackmail. Geez, relax. I meant giving feedback as my experience with this- as you suggested in your first post.

The seller may report your neg Khani and could well get it removed as the item was a pickup so it was taken as-is by your friend.

IMO the neg is undeserved in this case.........................

Re: Significant damage to item

*crikey*mate* — Tue, 10 Jun 2014 17:39:21 GMT

@khani808 wrote:
I didn't mean using feedback as a form of blackmail. Geez, relax. I meant giving feedback as my experience with this- as you suggested in your first post.

When I made the first post, I hadn't seen the listing.

I reread your OP and realized that the seller had offered you a solution, a VERY fair solution - he offered you FULL refund. On a pick up item, that your agent had the opportunity to inspect and reject.

I never imagined that you would leave feedback that was so damaging to someone who has done nothing wrong.

I never imagined that you wouldn't take responsibility for your actions.

The listing was sparse, but you asked no questions.

Asked for no extra photos.

Asked no additional questions.

I'm sorry, but IMO, what you have now done is unethical.

I have no words, I'm sorry.

Re: Significant damage to item

chezzy — Tue, 10 Jun 2014 22:56:11 GMT

@*crikey*mate* wrote:
@khani808 wrote:
I didn't mean using feedback as a form of blackmail. Geez, relax. I meant giving feedback as my experience with this- as you suggested in your first post.
When I made the first post, I hadn't seen the listing.

I reread your OP and realized that the seller had offered you a solution, a VERY fair solution - he offered you FULL refund. On a pick up item, that your agent had the opportunity to inspect and reject.

I never imagined that you would leave feedback that was so damaging to someone who has done nothing wrong.

I never imagined that you wouldn't take responsibility for your actions.

The listing was sparse, but you asked no questions.

Asked for no extra photos.

Asked no additional questions.

I'm sorry, but IMO, what you have now done is unethical.

I have no words, I'm sorry.

Nothing wrong?

A one line description "Used in show room for display" is hardly a suitable description for something that has major damage.

Seller selected used (Item specifics). Even ebay's own definition of used says "See the seller's listing for full details and description of any imperfections".

http://pages.ebay.com.au/help/sell/contextual/condition_1.html

What about the seller disclose the true condition of the item and include pictures that reflect this?

Maybe time to think about using more accurate descriptions that save buyers wasting time and money....

Re: Significant damage to item

*crikey*mate* — Tue, 10 Jun 2014 23:21:12 GMT

The buyer is not without fault here.

The seller (who appears to be newish) does have a lousy listing. I acknowledge that.

But we all start somewhere and learn and grow and get better.

The seller didn't lie.

He made the goods available for inspection.

The buyer could have asked for more photos or details seeing how inadequate the listing was.

The buyer had no obligation to even take posession of the item. Or pay for it upon inspection.

The seller offered a complete refund.

The buyer seems happy enoough to have the item if they get a partial refund which the seller is not obligated to offer.

The buyer seems umwilling to take responsibility for their own part in all this.

If the buyer is prepared to leave a neg in a situation such as this, what's left for the really bad sellers? You know the absolute scam artists?

Re: Significant damage to item

chezzy — Tue, 10 Jun 2014 23:45:08 GMT

So we continue to let sellers get away with their lousy/careless listings because they are 'new' or perhaps

they used a mobile phone to make the listing? Or perhaps an app glitch or whatever else we can pull out

of a hat. Where is the yardstick for sellers? The feedback might seem harsh to some but to me it appears

to be factual and I always thought that is what ebay encouraged?

Oh and why would the buyer even 'think' to contact the seller for more photos? They probably saw the one

photo (in which I personally can't see any major damage, only minor scuffs), thought everything looked

ok and based their bid on that. Shame they then had to waste their money on hiring a ute for pick up....

Just not sure why the buyer is painted to be a 'bad guy' here......I see a lack of info in listing which to me

makes for misleading info (and wasting time)....

Re: Significant damage to item

*crikey*mate* — Wed, 11 Jun 2014 00:24:51 GMT

I know what you are saying, but I feel a negative was too harsh considering the seller did offer full refund, without coersion, and the fact that this was a pick up item that the buyer could have inspected and refused.

It's not like the seller didn't make the item available for inspection.

It's not like the seller sent the buyer the item

The buyer was under no obligation to take this item away

That's when this transaction should have ended - the seciond the buyers agent went "yep - all good, here's your money"

Yes, sellers need to take responsibility, and this one did.

But so do buyers.

There is a thing such as responible buying.

By the looks the seller had already had one neg - for the bookcase - they said it was dirty.

Obviously they learned from that and cleaned it up this time cos the buyer didn't say anything

But a responsible buyer should have seen that neg and gone hmmmmm - the listing is very sparse.

It doesn't actually mention any details other than used.

The pics don't show enough detail - before I spend money and time, maybe I should ask a few questions.

know what I mean?

....................

Sometimes people take atrocious photos, so you question

example - i buy watches. If the seller doesn't specify the condition of the glass - you ask - are there any chips, scratches etc

The coloured bezel - sometimes light reflection on the pics doesn't make it clear iof some of the colour has rubbed off - so you ask for clarification

or a listing might not actually say the watch works. So you ask. You don't take it for granted or assume anything, not on a second hand item and not when you see how little detail is provided.

It's called responsible buying.

There comes a time where you have to take a bit of responsibility for yourself too.

You say he is a bad seller - maybe he is.

but i am glad this buyer will never be a customer of mine

because IMO, their own trading practises leave a lot to be desired as well.

Re: Significant damage to item

chezzy — Wed, 11 Jun 2014 01:03:54 GMT

I didn't say he is a bad seller but I feel I have shown how the seller is a big part of the problem here.

Now if someone (it won't be me) will scamper off and tell the seller they are being talked about

perhaps they can come read the topic and learn some simple and effective ways to improve their

listings and selling experiences (eg use of more and current photos, more information on item's

condition etc etc).

ps and I am sure by now the buyer knows in future to ask questions so they don't get burnt again!

Re: Significant damage to item

*crikey*mate* — Wed, 11 Jun 2014 02:33:42 GMT

It's not even that I don't get where the buyer is coming from.

I have had three very similar situations myself, recently

1) a wooden statue. was pick up only. I sent my brother to get it for me. He did, didn't notice a huge crack in it (and remember in this case the buyers agent noticed the damage and still took posession of the item). But he had the opportunity to inspect it. He didn't. He paid and took posession. In my mind - I took that responsibility iykwim.

2) another pick up item, but seller kindly organized and agreed to courier for me. Once again, I waived my right for complaint as I sent an agent to collect for me - I had the opportunity to inspect, but I didn't. (Item was broken)

3) I bought a few things off the one seller - the pics looiked good. When I went to collect, it was evident that they were very good photographers - but I was too embarrassed to say no and walk away. Now I had the right to do so, but I didn't. That's my fault, not the sellers, so how would that then be fair for me to come home and leave them a neg?

Re: Significant damage to item

khani808 — Wed, 11 Jun 2014 11:09:28 GMT

I usually do ask questions if the photos are unclear; I was expecting to get a piece with scuffing and scratches (as seen in the photo), not a huge crack along the top and messed up doors that aren't attached to the cabinet. I do acknowledge that I should have shown my partner the listing so he was aware of what he should have been picking up; however, I do also understand why he picked it up, as he restores furniture as a hobby, and believed that I knew the extent of the damage and wanted him to do it up.

I left positive feedback for the shelf, despite the fact that it was cracked and dirty, but the damage to the cabinet was ridiculous. I was considering giving them a neutral, as the seller was communicative, but my partner said to give him a negative, as he had clearly not learned from the other negative feedback (from another buyer) stating the same thing. I have only ever given one other negative feedback ever, where a seller advertised 50 chairs for sale, then said the ending price was per chair, so making out that I hand them out willy-nilly (or that I am not a good ebayer) is a bit harsh.

Re: Significant damage to item

*crikey*mate* — Wed, 11 Jun 2014 11:51:54 GMT

I think I saw that listing for the chairs!