Seller knowingly sent defective good; buyer obliged to return?

[harrycallahan72]

An SD card. Yeah one of those. After copping two of these my memory is now coming back to me: never buy cheap SD card on eBay.

Well, the card is advertised as 32GB but then in the fine print which admittedly I never read it does say card may not be genuine and it may have a capacity of less than 32. A 32GB card which may not be a 32GB card, seller can't see a problem with that.

Though please read carefully: a card which randomly corrupts files is completely useless for digital data storage. This card does that. This bit it not in the description.

Seller wants me to return card in order to get refund. 

Why are these things even being sold? It isn't right that buyers are needessly being put through this hassle of commercial transactions involving refunds just so some dodgy character can offload the junk which didn't pass QC in China. They should be in landfill, **bleep**.

Should I return his/her useless junk so they can sell it to someone else? 

I've already tried to raise PP dispute but am getting Internal Server Error.

[tstore]

"Cards have been modified to show 32gb on computer, after formating card the true capacity is Xg"

[*crikey*mate*]

if he only bought one card, best to keep it singular - just sayin, cos he has no proof that the others are the same iykwim.

[lyndal1838]

---

@harrycallahan72 wrote:

Thanks for your info DG though I am intent on not returning this at my expense now

A counterfeit item claim is described in their User Agreement as a sub-category of item not as described.

Here's the listed reasons on the claim. It's plain as day to me that "Imitation" is on that list.

Buyer reason(s):

• Internally Damaged
• Imitation

---

The problem in going with the "imitation" reason is that paypal will then ask you to prove it.

Usually this means that you have to get a letter, on letterhead paper, from an independent 3rd party who is qualified to state that it is fake.

It is notoriously difficult to get the type of proof that paypal requires....a lot of running around and sometimes considerable expense.

If there is any other reason for opening a dispute it is usually considerably easier on the nerves to use it rather than cry "fake".

[harrycallahan72]

In this case proof was quite easy because the seller explained in the finer details of the listing that it was "not genuine" and that it would store less data than it actually said it would in other parts of the listing.

Kingston don't release cards labeled 32GB which store some random quantity less than 32GB!

(as said before, I bought it through mobile app and never looked at the detail screens.silly me for thinking a card advertised as a 32GB card would store 32GB)

BTW, this is the diagnostic report of the card:

Error reading file 'J:\16.h2w', offset 0x3fb00000.

(Data

error (cyclic redundancy check). Code 23)

The media is likely to be

defective.

3.6 GByte OK (7697640 sectors)

12.3 GByte DATA LOST (25846552

sectors)

Details:225 MByte overwritten (460800 sectors)

0 KByte slightly

changed (< 8 bit/sector, 0 sectors)

12.1 GByte corrupted (25385752

sectors)

225 MByte aliased memory (460800 sectors)

First error at offset:

0x00000000e76dfe00

Expected: 0x00000000e76dfe00

Found:

0x00000007609dfe00

H2testw version 1.3

Writing speed: 4.49

MByte/s

Reading speed: 11.4 MByte/s

H2testw v1.4

[davewil1964]

---

@harrycallahan72 wrote:

In this case proof was quite easy because the seller explained in the finer details of the listing that it was "not genuine" and that it would store less data than it actually said it would in other parts of the listing.

Kingston don't release cards labeled 32GB which store some random quantity less than 32GB!

(as said before, I bought it through mobile app and never looked at the detail screens.silly me for thinking a card advertised as a 32GB card would store 32GB)

BTW, this is the diagnostic report of the card:

Error reading file 'J:\16.h2w', offset 0x3fb00000.

(Data

error (cyclic redundancy check). Code 23)

The media is likely to be

defective.

3.6 GByte OK (7697640 sectors)

12.3 GByte DATA LOST (25846552

sectors)

Details:225 MByte overwritten (460800 sectors)

0 KByte slightly

changed (< 8 bit/sector, 0 sectors)

12.1 GByte corrupted (25385752

sectors)

225 MByte aliased memory (460800 sectors)

First error at offset:

0x00000000e76dfe00

Expected: 0x00000000e76dfe00

Found:

0x00000007609dfe00

H2testw version 1.3

Writing speed: 4.49

MByte/s

Reading speed: 11.4 MByte/s

H2testw v1.4

---

And you bought it anyway? Even though you knew it couldn't achieve the expectation. Clint would be disappointed. He'd probably say caveat emptor. Or words to that effect - like read the description, don't expect something for nothing.

[davewil1964]

as said before, I bought it through mobile app and never looked at the detail screens.silly me for thinking a card advertised as a 32GB card would store 32GB)

There you go. A lack of due diligence.

[harrycallahan72]

As I thought , your first post was made without having read that bit. Nice attempt to save yourself though not enough - it's a listing that shouldn't even be on eBay. 

[davewil1964]

Agreed. But it is up to the buyer to read the listing, which you admit you didn't.

[harrycallahan72]

This is true, I should have read the extra bit at the end of the listing with title "32GB MICRO SD SDHC VIDEO MEMORY CARD" having features "New 32GB Micro SDHC Memory Card with an SD Adapter" which listed under specifications "Capacity : 32GB", which mentioned that that it didn't actually store 32GB.

How foolish of me to just presume that the new 32GB MICRO SD CARD with capactity 32GB would be capable of storing 32GB of data.