Sold as seen = buggered?

[rpguk]

Encouraged by the ebay thread a couple of weeks ago, I picked up a batch of watches from ebay to flog on. Nice watches and not a bad deal either.

Now they were marked "sold as seen" which I took to mean they haven't all been checked there might be the odd dud.

Now I've got them, they are all well packaged but each and every one of them is dead. My hunch is that the batteries are dead on them but still I find it a little unethical to use "sold as seen" as code for buggered. Surely the seller must have noticed they were all stopped?

Would I be unreasonable to ask for my money back or does "sold as seen" cover all eventualities?

[NorthernBoy]

I don't think sticking "sold as seen" on something actually has much effect. Goods must still be "fit for purpose", and you do not lose your statutory rights just because someone says "sold as seen".

If they were sold as watches, and it was not said that they did not work, then you can pretty likely get your money back.

However, it is also likely that the seller thinks that he has had you over, and that the phrase lets him off the hok so he is not very likely to just cave and refund you. In that respect, it serves as a useful guide to the sort of seller you are dealing with.

God luck, though but.

[Boosted LS1]

I think it depends on if this was a trade or private sale. A trader may have more obligations then an individual. Also dead batteries may not constitute a duff watch? Do they work with fresh batteries?

Boosted.

[Kinky]

I would also suspect it depends on the definition of "seen".

Normally it would refer to goods that you've actually physically seen. Does that apply to static photographic images? That may be the key question.

I don't know the answer - but might be worth investigating, as they're "not fit for purpose" unless expressly stated that they do not work.

K

[Oi_Oi_Savaloy]

RPGUK - I don't know how good the watches (expensive?) but perhaps you could get them serviced and then sell them on with the fact that each has just been serviced? Might add a small amount of value?

Judging by other ebay experiences I don't think you're going to have much luck getting your money back. I'd put it down to experience and get on.

[Fidgits]

I thought under distance selling laws you couldnt actually sell something 'sold as seen' over the Internet, seeing how you do not have the opportunity to inspect the item before the sale?

[rsv gone!]

Fidgits said:

I thought under distance selling laws you couldnt actually sell something 'sold as seen' over the Internet, seeing how you do not have the opportunity to inspect the item before the sale?

You don't get the same protection as a trader.

[amar1]

rpguk, if you paid by paypal then my advice open up a dispute with them for NOT AS DESCRIBED. They will then hold the funds while you mutually try and sort it out with the seller. If you find your not getting anywhere, you can escalate the dispute and paypal will usually get your money back - thats if you paid with paypal ofcourse.

[Marki]

What did you expect on fleabay ,, im sorry for you and all that but it is shite and is full of pikeys trading shite or just plain stealing from others

[rsv gone!]

rpguk said:

Encouraged by the ebay thread a couple of weeks ago, I picked up a batch of watches from ebay to flog on. Nice watches and not a bad deal either.

Now they were marked "sold as seen" which I took to mean they haven't all been checked there might be the odd dud.

Now I've got them, they are all well packaged but each and every one of them is dead. My hunch is that the batteries are dead on them but still I find it a little unethical to use "sold as seen" as code for buggered. Surely the seller must have noticed they were all stopped?

Would I be unreasonable to ask for my money back or does "sold as seen" cover all eventualities?

I would definitely start a dispute going with ebay and paypal. I would argue that they'd been deliberately deceiptful as they'd be bound to know that all of the watches were dud.

Did you pay on paypal?

Did you pay for that on your credit card? If so, tell them.

[amar1]

Marki said:

What did you expect on fleabay ,, im sorry for you and all that but it is shite and is full of pikeys trading shite or just plain stealing from others

Not entirely true, there are lots of genuine and honest sellers on there, me being one of them ;-)

You just have to be careful when buying, alittle common sense and you can protect yourself from dodgy dealers.

[jacko lah]

amar1 said:

Marki said:

What did you expect on fleabay ,, im sorry for you and all that but it is shite and is full of pikeys trading shite or just plain stealing from others

Not entirely true, there are lots of genuine and honest sellers on there, me being one of them ;-)

You just have to be careful when buying, alittle common sense and you can protect yourself from dodgy dealers.

Ebay is the "New Bloke in the pub" . You could be buying a legitimate item off a genuine honest seller, or you could be dealing with Mr Dodgy Dodger Boy From Dodge City, selling you a FAKE Duff Beer from Duff Breweries in Duff Town.

[Marki]

jacko lah said:

amar1 said:

Marki said:

What did you expect on fleabay ,, im sorry for you and all that but it is shite and is full of pikeys trading shite or just plain stealing from others

Not entirely true, there are lots of genuine and honest sellers on there, me being one of them ;-)

You just have to be careful when buying, alittle common sense and you can protect yourself from dodgy dealers.

Ebay is the "New Bloke in the pub" . You could be buying a legitimate item off a genuine honest seller, or you could be dealing with Mr Dodgy Dodger Boy From Dodge City, selling you a FAKE Duff Beer from Duff Breweries in Duff Town.

Exactly the OP tryed to make some money from it and has failed ,, nexttttt

[D Stanley]

Just a thought.

Is it possible that none of them are actually fitted with a battery. Or if they have batteries in them is it possible that the battery has been protected from discharge by having an insulator inserted between the contacts.

I bought a device recenly that had a little plastic strip that had to be removed from the battery before it would work.

It is a bit suspicious that none of them are running. Batteries can be bought fron Hong Kong for very little money on ebay. You might find that inserting a battery into a copy watch is not very difficult.

[JustinP1]

rpguk said:

Encouraged by the ebay thread a couple of weeks ago, I picked up a batch of watches from ebay to flog on. Nice watches and not a bad deal either.

Now they were marked "sold as seen" which I took to mean they haven't all been checked there might be the odd dud.

Now I've got them, they are all well packaged but each and every one of them is dead. My hunch is that the batteries are dead on them but still I find it a little unethical to use "sold as seen" as code for buggered. Surely the seller must have noticed they were all stopped?

Would I be unreasonable to ask for my money back or does "sold as seen" cover all eventualities?

Are they Rolex replicas by any chance?

If they are, I may be able to 'fix' them all for you, on this very thread and wont even charge you for my time...!

[rpguk]

Thanks for the responses.

Not fake rolexes or anything fancy, just some zeon USB watches. The packaging states that the battery lasts 3 years and I'd wager that they have been sitting gathering dust for that long.

I'll try and test a new battery and if that works I'll see if I can find a work experiance kid to change them for me Not worth getting them done properly.

If their just knackered then I'll ask for a refund, just wanted to see what the concensus was on here first.

One more question, as I'd probably have more come back as a consumer, what defines B2C rather then B2B?

Edited by rpguk on Wednesday 15th August 13:20

[Marki]

rpguk said:

Thanks for the responses.

Not fake rolexes or anything fancy, just some zeon USB watches. The packaging states that the battery lasts 3 years and I'd wager that they have been sitting gathering dust for that long.

I'll try and test a new battery and if that works I'll see if I can find a work experiance kid to change them for me Not worth getting them done properly.

And so another fleabay scam is born ,,, shite to the masses

[mnewlyn]

Ebay is the best place to pick up elise parts at decent prices - what's wrong with that?
I've bought 300+ items on ebay and have never once had a problem, and saved a LOT of money.

[JustinP1]

rpguk said:

Thanks for the responses.

Not fake rolexes or anything fancy, just some zeon USB watches. The packaging states that the battery lasts 3 years and I'd wager that they have been sitting gathering dust for that long.

I'll try and test a new battery and if that works I'll see if I can find a work experiance kid to change them for me Not worth getting them done properly.

If their just knackered then I'll ask for a refund, just wanted to see what the concensus was on here first.

One more question, as I'd probably have more come back as a consumer, what defines B2C rather then B2B?

Edited by rpguk on Wednesday 15th August 13:20

Ahh, cant help with Zeons!

As you say, its is probably the case that a battery will fix them.

I am doubtful about how much of a case you will have agains the guy. Firstly, is he running as a business?

For the Sale of Goods Act to apply in this case he would have to be a business and you a consumer. The fact that it is a 'job lot' itself does seem to nullify that case that you are a consumer IMHO!

Of course though contract law will still apply. However, it does sound like he has covered his behind with his disclaimer. Lets hope the reason for sale is not they are knackered but just the fact they have been sat around for 3 years or more unsold and the batteries have run down!