Anybody know about ebay?
Discussion
I purchased a dashboard for my e34 540i as my current one has cracked due to the sun over the years,
anyway the item was decscribed as....
Used: An item that has been previously used. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or shop return that has been used. See the seller’s listing for full details and description of any imperfections.
Then underneath it simply said bmw e34 dashboard taken out of 540i.
Anyway it turned up today and i noticed the middle air vents do not open or close both are broken, the wheel to adjust themjust spins.
I dont mean to be picky but that should have been mentioned in the add imo and therefore its fully operational and dose not function as intended.
I politley emailed the seller who has just sent the folling reply
"lol are you having a laff its a used dash mate what do you expect sold as seen no refund for you"
Is it not up to the seller to give a accurate dicription, on the top of the add it cleary states "fully operational and functions as intended" if the airvents are broken and can not be adjusted then this isnt the case surely?
i was just going to buy some new vents but after that cocky reply i would rarther just get my money back.
do i have a case with paypal or would i be wasting my time?
anyway the item was decscribed as....
Used: An item that has been previously used. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or shop return that has been used. See the seller’s listing for full details and description of any imperfections.
Then underneath it simply said bmw e34 dashboard taken out of 540i.
Anyway it turned up today and i noticed the middle air vents do not open or close both are broken, the wheel to adjust themjust spins.
I dont mean to be picky but that should have been mentioned in the add imo and therefore its fully operational and dose not function as intended.
I politley emailed the seller who has just sent the folling reply
"lol are you having a laff its a used dash mate what do you expect sold as seen no refund for you"
Is it not up to the seller to give a accurate dicription, on the top of the add it cleary states "fully operational and functions as intended" if the airvents are broken and can not be adjusted then this isnt the case surely?
i was just going to buy some new vents but after that cocky reply i would rarther just get my money back.
do i have a case with paypal or would i be wasting my time?
Edited by Nuttah on Wednesday 24th November 15:14
dreamz said:
911motorsport said:
MonkeyBusiness said:
I'd open a dispute simply for calling you 'mate' and using the word 'laff'
But if he's read this thread he could counter with a reference to the OP's 'rarther'In seriousness, just open a dispute with PayPal and you'll get your money and this chap will send you bluster and abuse and you can post it here for our amusement. Everyone wins. Apart from the seller, but he's clearly a cowboy. Done.
If you look in Rules for Sellers you will find that they are meant to accurately describe INCLUDING any defects -I'd just point this out and ask for a refund or a discount for the amount the repairs will cost - make it clear you won't enter a discussion about it and if he doesn;t cooperate you'll go for the fukll refundf via Paypal - simple and it works.
Is he a business seller? There is a 7 day cooling off period for all goods sold. Details below.
This doesn't apply for auction items, just fixed price. Can you post a link to the item?
Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.
The Regulations also provide a period of seven working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer can be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back.
The cancellation rights do not apply to certain items including software, audio or video recordings that have been unsealed, perishable goods such as food or flowers, or items that have been made to order.
To get a general idea of the laws governing distance sales, we recommend that you review BIS’s summary of the Regulations.
Both the Citizen's Advice Bureau and the Office of Fair Trading also provide advice on your rights when shopping online.
This doesn't apply for auction items, just fixed price. Can you post a link to the item?
Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.
The Regulations also provide a period of seven working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer can be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back.
The cancellation rights do not apply to certain items including software, audio or video recordings that have been unsealed, perishable goods such as food or flowers, or items that have been made to order.
To get a general idea of the laws governing distance sales, we recommend that you review BIS’s summary of the Regulations.
Both the Citizen's Advice Bureau and the Office of Fair Trading also provide advice on your rights when shopping online.
Edited by Mark34bn on Wednesday 24th November 22:36
Erm, you bought a used dashboard, the fact it even came with vents is a bonus UNLESS the advert stated it had vents with it??
IMO I don't think it's worth bothering with, just swap out your current vents into the new dash, or fix the vents, probably just a lever that has come off?!
You could open a dispute, but its alot of faffing for vents that he could argue were not even described as included?!
unless there is also something wrong with the dashboard!
As for his reply, sounds like a typical ebay car breaker type!
IMO I don't think it's worth bothering with, just swap out your current vents into the new dash, or fix the vents, probably just a lever that has come off?!
You could open a dispute, but its alot of faffing for vents that he could argue were not even described as included?!
unless there is also something wrong with the dashboard!
As for his reply, sounds like a typical ebay car breaker type!
C8PPO said:
g4ry13 said:
Caveat emptor
And then in the same sentence g4ry13 said:
tell him you will open a dispute as it's breach of contract
Make your mind up!The contract was formed in such a way that the buyer was led to assume that the dashboard was in fully functioning condition. Yet in fact the buyer was not made aware of the vent issue.
What's your point?
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