Selling broken garbage as working

[btecau]

Hay i am starting to get a little sick of venders selling broken garbage as good working on ebay. the most recent purchase i have made (not the first time this has happened) I have purchased a 4 port 4gb fiber channel card. This was sold as working. the card that has been shipped is dead. no signs of life at all.

it was packaged poorly too. just wrapped in bubble wrap and paper no box or anything. card could easy be bent in postage.

This ends up wasting my time as a buyer because i purchase this card for a reason. i need this type of card. now i have to source it elsewhere.

Ebay is fast becoming a platform i don't want to interact on anymore because so far now in the last 3 months there has been some issue with the bulk majority of the purchases i have made. cases of sellers cancelling orders as "buyer requested to cancel order" down to products just simply not working at all such as this case.

this is very frustrating

Ebay needs to clean up this platform and remove sellers that are doing this.

[sugar249]

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@padi*0409 wrote:

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@sugar249 wrote:

Just out of interest whats the item number

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Probably this one Sugar.

https://www.ebay.com.au/itm/164244084156?itmmeta=01HSG2V33J4NF5DJ914975MAFR&hash=item263db5d5bc:g:ba...

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I guess as the OP has being back and didnt say that isnt the one, it most likely is.

No where on the ad does it actually say that it was working.  Sure is does say ''pulled from a working server'',  so yes the server was working, doesnt mean that board was working.

Happens often,  you have dead redundant cards in a server,  

Not sure why OP would buy with such limited information provided by the seller,  sure you would assume that it is working,  but you know about assumptions.

[brickworksmarket]

If the server is made up from a number of parts and one part is not working would that not mean the server was not in working order and had an issue. 

[springyzone]

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@sugar249 wrote:

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@padi*0409 wrote:

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@sugar249 wrote:

Just out of interest whats the item number

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Probably this one Sugar.

https://www.ebay.com.au/itm/164244084156?itmmeta=01HSG2V33J4NF5DJ914975MAFR&hash=item263db5d5bc:g:ba...

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I guess as the OP has being back and didnt say that isnt the one, it most likely is.

No where on the ad does it actually say that it was working.  Sure is does say ''pulled from a working server'',  so yes the server was working, doesnt mean that board was working.

Happens often,  you have dead redundant cards in a server,  

Not sure why OP would buy with such limited information provided by the seller,  sure you would assume that it is working,  but you know about assumptions.

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I am not sure that is the ad. Btecau said the seller had 100% feedback until he (btecau) gave  a neg.

But the seller in the link has not had any neg in the last 6 months & that was for a lenova thinkpad.

For my own part, I do think that when something is listed, it should be clearly stated if there are any faults and for something like a fibre channel card, if it is unknown if it is working or not, the ad should say so. There should never be an implication that something is working if it isn't, or if the status is unknown.

btecau, your best strategy is to immediately open an ebay claim for a faulty item as apparently nowhere in the ad did it say it was not working. So I think you should get your money back.

I have to agree with you that on here, there is a slight culture of blame the buyer.

To some extent, I can understand this as it is frustration as sometimes people buy from sellers with a long record of bad feedback or from Chinese sellers with what are potentially dangerous goods.

 But when faulty products are sold, the problem is with the seller, not the buyer. Doesn't make it a bad seller as mistakes happen, but a seller should remedy the situation.

And I think many buyers assume that our stuff  in shops comes from China anyway so get it cheap and avoid the middle man but direct from China might mean not up to our regulations etc & the buyers don't realise that.

I also think if a seller is so bad that boardies here think they are 'atrocious' sellers, then ebay should be severely curtailing their (the sellers') activities on ebay. Putting limits on how many items they can list and giving them a time period in which to lift their game or else-gone. I don't know that they like doing this except for out and out scammers as every sale is commission to them.

[sugar249]

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@brickworksmarket wrote:

If the server is made up from a number of parts and one part is not working would that not mean the server was not in working order and had an issue. 

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No,  depends what the server was used for,  those parts may have being redundant.  But what would I know, before my tree change I only spent umpteen years in the IT industry.

[btecau]

And im an infrastructure engineer now. If something is listed like this especially for critical components like this. when it states it is "pulled from a working server" then that is said to imply that it is believed to be working.

These are weasel words designed to trick the buyer to think that an untested card is in fact working.

If it said Broken i wouldn't have purchased it. if it said unknown condition, then i wouldn't have purchased it.

what it comes down to is simple, Australian consumer law section 18 states as follows.

"a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive."

to say it is pulled from a working server. that reasonably would be taken as the server that this part was pulled from was confirmed and tested to be in fully working condition prior to the card being removed. that includes this card.

if this card or any component within is faulty then the server as a whole is not confirmed to be in working order. its as simple as that.

to state "pulled from a working server" is clearly designed to lead the buyer to believe that card is in working condition when in actual fact this is not known. that makes this statement misleading and in violation of section 18 of Australian consumer law. additionally as this part was bought and sold within Australian boundaries that means ACL is 100% applicable here.

so again please stop trying to gaslight me into the belief that it is the buyers fault that sellers get away with this behavior.

[sugar249]

Sorry,  I didnt realise you were an engineer,   I was going to comment in my original reply anyone with IT knowledge, wouldnt have purchased a used component with so little detail as was listed in the advert.  

Let us know the outcome of your complaint to the relevant authority.

[domino-710]

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@btecau wrote:

to say it is pulled from a working server. that reasonably would be taken as the server that this part was pulled from was confirmed and tested to be in fully working condition prior to the card being removed. that includes this card.

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There it is in a nutshell.

It was pulled from a working server.

The server being tested to be fully working.

The only mention of the card was ' it was removed ' .

There is nothing to state the card was working.

[padi*0409]

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@btecau wrote:

And im an infrastructure engineer now. If something is listed like this especially for critical components like this. when it states it is "pulled from a working server" then that is said to imply that it is believed to be working.

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But you said in your OP "it was packaged poorly too. just wrapped in bubble wrap and paper no box or anything. card could easy be bent in postage."

So it's quite possible that it was damaged in transit as well.

[davewil1964]

Not quite.

eBay is more now than ever on the side of the buyer.

Provided the buyer uses the tools available to them.

And, probably, stop trying to score something for nothing. eBay has changed in that. It is no longer a garage sale.

As always, do your due diligence. If an item seems to good to be true, it almost certainly is.

[btecau]

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@domino-710 wrote:

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@btecau wrote:

to say it is pulled from a working server. that reasonably would be taken as the server that this part was pulled from was confirmed and tested to be in fully working condition prior to the card being removed. that includes this card.

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There it is in a nutshell.

It was pulled from a working server.

The server being tested to be fully working.

The only mention of the card was ' it was removed ' .

There is nothing to state the card was working.

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So for you to have cherry picked that part out of my reply you have to have seen the part where i clearly and concisely showed how that was a violation of consumer law.

Your not making a very good case here as to justification as to how this is my fault as a buyer. in fact your actually making me feel even stronger that this is a clear systemic issue with sellers on this platform.

the very mindset and attitude I am calling out is lay bare here for all to see.