Wondering what my rights are

[oldbright]

Hi all,

I sold a broken radio to a buyer - radio was explicitly described as broken and untested in both the description and the photos. He received it, complained about it being broken, and requested a return because the 'item was damaged or defective'. I asked eBay to amend it to 'change of mind', which they said they would and agreed it was a case of buyer's remorse. They asked me to request additional photos from the buyer, which I also did, but he did not provide. eBay then stepped in, closed the return in his favour, and refunded his money because they said I hadn't contacted the buyer in time. I had contacted him on 3 separate occasions, and I provided the dates of those occasions. I asked for an appeal of the decision and the original decision was kept. I'm now minus a radio and $48.95, and eBay have ignored my last email.

Is there anything I can do now or should I give up? Cheers.

[*sons_and_daughters*]

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@oldbright wrote:

I'm responding to your comments regarding chronic health, bud. Don't get into people's personal lives if you're 'only here to give factual information'. It's not a good look, and it's exceedingly upsetting.

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Fact is, I don't have a voice box and I do breathe through a hole in my neck. I don't let it rule my ebay life though, because frankly, no one cares. It has zero to do with ebay.

[davewil1964]

It seems to be not powered by anything other than hope. Or batteries. Hint: buy some batteries, stick them into the appliance. THAT will determine the condition, as to working.

As I said, lazy. As tippy said, don't pull the sick/disabled card. No buyers care. No sellers care. Nobody cares. eBay is a level playing field.

[oldbright]

As I said in my original post, I didn't receive the radio back so I'm not sure how I can test it, as you keep telling me to.  'eBay is a level playing field' is a fantastic joke, though.

[oldbright]

Oh, so you were also playing the health card earlier, right. But you just told me no one cares? Nor do I, I mentioned it because someone asked why I was unable to test every single item I list.

[davewil1964]

The time to test is before listing. You knew it was a piece of junk, you didn't bother to ascertain that, you got caught out.

Relating to your original post (OP), you have no recourse. You've done your dough.

[oldbright]

I did not know it was a piece of junk. I wouldn't have sold it if I thought that. Please just give it a rest, I was not seeking to start a fight with several people. This has left me feeling  awful.

[*sons_and_daughters*]

I never played the health card. I just pointed out that you're not the only one with health issues, which has zero to do with ebay. We are all just faceless names on a screen, and that's all that matters to buyers and sellers. No one cares about anyone's health conditions or disabilities. If your health issue is so bad, maybe it's time to hang it up.  If your health is so serious that you can't put a 9V battery in a radio, then I feel for you. You probably should speak to a doctor. My 2yo granddaughter changed the 9V battery in one of our 1950's radios when she was here last weekend (she wanted to do it and there was no way to talk her out of it! She got it first go!). 

[oldbright]

That's not the point I was making at all. I'm tired of arguing, I feel absolutely horrendous as a result. I apologise for fighting with you, have a good night.

[colic2bullsgirlore]

G'day again Ole mate,.....this is the problem I have with your listing.....it took me a while to find it in your completed listings.... I looked at a few others first...including this one

Corona Consort, His Master's Voice vintage transistor radio, broadcast, c. 1962-1967
Item Ended
Condition:Used
“In good condition, some minor general wear. No corrosion that we could see. Tested with a 9V battery ” ... 

Hmmmm...thought I,   

you....ole mate.... managed to find a 9 volt battery then (after donning thongs, rubber undies and pegging your tongue in case of electric shock)  grew kahuna's big enough to bung said 9v battery in to test this radio to find it working....yet couldn't come up with 1.5v D/C sized suckers to do the same to any of the other radios you have or have had for sale.

...... that sent my spidey buyer senses all a tingle...

..... I put it to you that your claimed "untested" radios actually have been tested and have less life than a 3 day old road kill blue tongue lizard and the plain fact is you are much more likely to achieve a better end price if you describe items as untested rather than advertising them as  "tested, not working for parts, repair or static display"......

A savvy buyer would pick up on the "anomaly" and question you

.... a bent buyer would play on it..... welcome to the game...player.

[janeababe]

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@oldbright wrote:

I don't agree. By that same logic, how was the buyer to know it was working? It's an untested 70 year old item, why would anyone assume it was working...? The buyer wasn't to assume anything from the listing, that is my point.  I never suggested that it may work.

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You seem to be making a damn lot of ‘assumptions’ here. 
You assumed the buyer had a change of mind. 
You assumed the radio worked. 
You assumed that the buyer thought the radio might work AND then you said ….…

 …… WHY WOULD ANYONE ASSUME IT WAS WORKING? 

(P/S… a LOT of 70 yr old items work as good as the day they rolled off the production line!)

Good Lord on a stick with pumpkin…. This is frustrating! 

In the item description box, you need to add more detailed information. 
I don’t care if YOU have sold 4000 damn radios, THIS LISTING IS LACKING INFORMATION, and lacking poorly!!! 

Something like: I have not tested this radio to see if it works, so it is sold as is. As seen in pictures, all parts appear in good order, However, I give no guarantees that this item works. 

We can see you are distressed and that’s because you just don’t accept constructive criticism very well. 

Take a deep breath, print off a return postage label for the buyer or send him a self addressed express post bag for return of the radio and tell him  that prompt return of the radio is required  or you will seek legal advice. (P/S… legal advice is mute, too. But buyer won’t know that!  It would cost more to see a lawyer than the radio is worth!)

Or… forget about it and move on. 

Either way… I’m done.