False statement and description

[iantwy4]

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. 

[sandypebbles]

I 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 

[*sons_n_daughters* · Accepted solution]

When 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. 

[springyzone]

Since 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.

[paper-jack]

When 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]

Thanks 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.

[iantwy4]

Thanks 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.

[iantwy4]

Thanks paper-jack, I think I will getting an Australian made if I did not get the Stentor 🙂

[iantwy4]

The 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.

[sandypebbles]

The 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