Misrepresented product

I bought a high end camera that was said to be 2 Years old when it is in fact 7 years old and obsolete technology

This camera was purchased at 8.33PM and the order cancelled at 8,43PM on a PUBLIC HOLIDAY (25/01/24)  so the shipping could not have been arranged at that time.

 I notified eBay and they said the order could not be cancelled at the seller had a NO RETURN policy.

I received the shipping document and the goods were not sent until the next day so the seller could have cancelled the sale.  

I cannot find a way to appeal the decision by eBay and feel that supporting a seller that has misrepresented a product and lied about the shipping date is not in keeping with buyer assurances that we are led to protect us on eBay.

I have spent almost 4 days trying to find a resolution and am at my wits end.  I am a pensioner so $2000 has taken me a long time to save and I do not have the money for another camera.

Can anyone help with a solution xx 

 

 

 

I have lodged a pay pal case and there are other cameras of this model for around $600 less on eBay.  I will contact consumer affairs.

Accepted Solutions (0)

Answers (5)

Answers (5)

You haven't received the camera, so how do you know it is misrepresented?

 

Buyers cannot cancel sales, only sellers can.

 

25/1/24 was not a public holiday. 26/1 was.

 

If the seller posted on 26/1 (a public holiday) there is a fair chance they didn't. They could well have generated a postage label.

 

What you need to do, rather than going to Consumer Affairs who will not help you, is wait for the delivery. If the camera is not as advertised open a case for 'Not as Described'. The seller will have to provide return postage and refund your money. While you're waiting maybe spend some time working out how eBay buying works, specifically the MBG.

 

Your income status is irrelevant and will garner no sympathy here. How you spend your money is your choice.

 

As you have already jumped the gun with Paypal you will not have any recourse through eBay.

As davewil says…

 


• You can’t open a case before the item’s arrived. Claiming it’s not as described makes no sense in such a scenario.

• You’ve done your protection under eBay as you’ve opened a PayPal case. As we always tell posters seeking advice re returns/refunds, if you open a case through PayPal, you can no longer use eBay’s MBG; if you try a chargeback, neither eBay nor PayPal protection will be available. 
• Buyers cannot cancel a sale.

• Sellers are under no obligation to cancel a sale.

• You say that you found this camera $600 cheaper elsewhere; that indicates a case of buyer’s remorse rather than not as described.

• At this point, you are just going to have to wait and see what the camera is like when it arrives.

• If it’s not as described, and you are able and willing to proceed with the PayPal case (opened prematurely), you’d return the camera via a tracked method including signature on delivery - at your expense. PayPal doesn’t cover return postage.

 

If you have problems with future transactions, post on these boards before doing anything. We’ll be able to give you better advice before you open a dispute too hastily, etc.

 

No returns is only for change of mind on the buyers part

 

And from what you have said here, it sounds exactly like buyers remorse

 

The seller is not obligated to cancel on change of mind

 

Many members here are pensioners, incomes below a living wage, reduced incomes etc etc etc. That is not a valid reason to cancel

 

If you have already lodged a PayPal case, you have done your dash with opening an eBay one

 

You knew how much the camera cost and what the camera was listed as

 

You had all the tools given to you by eBay your cover yourself, but because you wanted instant on the spot action there and then, didn’t get that special treatment and jumped straight to opening a case with PayPal, eBay are not going to do anything

 

 

Consumer affairs are not going to touch it either, there is no case

You have stated here bought on 25/1 but on the neg you left for the seller you have said 26/1.  Clearly you need to check what you are doing before you start.  Tell us what Consumer Affairs are going to do about it?  You have made a real mess of it.

Strange, this camera is still for sale and listed as in stock, by multiple canon distributors.

Sounds like sour grapes.