Ebay buyer protection

sea.craw
Community Member

Someone is selling an item that they tampered with, they have admitted this. It is listed as 'used' (working as intended) no issues.
Seller specifies:
'No receipts and no warranty. Sold as is, No returns.'


If i buy this item and it is dead on arrival am I protected by ebay/papypal?
I am in autralia,buying from australia.

Message 1 of 7
Latest reply
6 REPLIES 6

Ebay buyer protection

sea.craw
Community Member
also they have a perfect rating 333*
Message 2 of 7
Latest reply

Ebay buyer protection

What is it you're looking at? If it's a phone or some other kind of electrical item, I'd say absolutely not. It would really depend on what it is though and what they've done to it.

 

If they are listing it as used and working, then if it did arrive DOA, you'd be able to claim. If it arrives working and it's been tampered with and it's a tamper you're not happy with, then no, you can't claim.

 

You also have to ask yourself, is it cheap enough whereby if it only lasts a few weeks, would that be OK. If it arrives working, then dies, you can't claim.

Message 3 of 7
Latest reply

Ebay buyer protection

@sea.craw,

 

As *tippy*toes* says, "you can't claim" and "absolutely not", which is probably true (although it's possible that a buyer could still push successfully for a refund from eBay).

 

When a seller uses the words "as is", the buyer must beware. Think about why the seller would use exactly those words. They are not designed to instil confidence in the buyer; they might put off some buyers. The only buyers who would buy that listing and still be wondering if they're going to receive an item in good working order, and that if it's not in good working order they can rely on eBay's MBG or on PayPal, are buyers in whom hope triumphs over facts that are plainly stated and which the buyer doesn't want to believe. A very optimistic buyer, in fact... perhaps too optimistic. My understanding is that if the item is listed with the item description field actually stating "not working; for parts only" (even though the item description may be a little more optimistic), it may make it possible for the seller to fight a dispute/claim. It may depend on whether or not the seller knows how to handle communicating with eBay if a buyer begins a dispute.

 

At the very least, the possibility exists, and you would know beforehand that if something is wrong with the item, the seller is highly unlikely to issue a refund; they've said as much. Why would any potential buyer voluntarily place themselves in a transaction fraught with likely difficulties?

 

 

Message 4 of 7
Latest reply

Ebay buyer protection


@sea.crawwrote:

Someone is selling an item that they tampered with, they have admitted this. It is listed as 'used' (working as intended) no issues.
Seller specifies:
'No receipts and no warranty. Sold as is, No returns.'


If i buy this item and it is dead on arrival am I protected by ebay/papypal?
I am in autralia,buying from australia.


My interpretation of that is that if the item is not working as intended when you receive it, then you would have a case and be able to claim not as described.

What the seller is saying here (again, my interpretation) is that the item isn't identical to the original product, it's had an adjustment made so they expect you to receive it 'as is' and if soemthing goes wrong down the track, too bad, they are not implying any warranty.

 

I have seen this sort of description sometimes applied to clothing eg great condition but hem taken up. I get the impression though that whatever you are looking at is electronic or has working parts & that it is fairly new.

 

Depends entirely on what the item is & the overall price. You'd be taking a bit of a risk. Could turn out great but I would not bid unless the price was well under the price for these things new.

Message 5 of 7
Latest reply

Ebay buyer protection

Hi sea.craw , springyzone has made  a good point there. You could be covered as per the sellers description.

 I'd just like to add that if by saying "tampered" you meant adjusted or repaired (somewhat), you may or you may not be OK with what you end up with. "Working as intended" obviously means working as intended by the manufactuer. So if the seller gets it up to that standard then all should be OK. But   .. .. ..

 

If the seller has repaired an electronic feature of the device then possibly it will carry on fine for some time you have bought it. Seller may just be covering himself / herself as they are unable to offer a warranty. Re-soldering a loose wire, fixing a cracked circuit board, replacing an electronic component IE:Capacitor, diode,  IC etc would be that type of repair.

 

If the seller has repaired a mechanical feature such as the drive mechanism on a VCR or cassette player, or record player then I personally would be on guard a bit more. Replacing a belt is an easy operation but other more intricate parts of the mechanism can revert back to being faulty after a week or so.   Anyway, just some things to think about if it applys to you.

 

Good luck.

Message 6 of 7
Latest reply

Ebay buyer protection

I often sell quite complex old vintage / classic car parts. I usually can not test if they work and dont fiddle too much with them as winding car clocks or speedometers backwards can damage them. I often list them as " for parts not working " with the explanation that they may be in great working condition or may require service or repairs. I simply dont know. It doesnt seem to affect the value, with buyers happy to pay well if the item looks to be in good condition. Touch wood, I have never had a claim yet for item not working. 

Message 7 of 7
Latest reply