Should I be entitled to refund from ebay purchase

tomlikesbeetroot on 14/12/2018 - 22:03

I just received a surface book that I purchased used from ebay. It was listed as no returns accepted, but there are a couple of issues that were not described and wanted to get some opinions on how to proceed with this.

First issue, item was advertised quoting postage via express post, but was actually sent regular parcel post. Not a big deal.

2nd issue, the seller wrote into the description "This unit has the performance base with the NVIDIA GeForce GPU", based on this I expected it to be the model with the nvidia GTX965 as that is what microsoft calls the "performance base". It is actually the nondescript 1GB that is available with the original surface book before they released the performance base. https://www.microsoft.com/en-au/surface/devices/surface-book…

3rd issue, there is an intermittent issue where significant bruising/discoloration appears in the bottom corners, seems to randomly come and go.

The seller is claiming there was no issue with screen discoloration before sending so that must be due to damage in transit, there were photos in the ebay ad which show the screen with no issues, but since the issue is intermittent it would be quite easy to just take the pictures when it looks good. They are also claiming he wasn't aware there were different video cards available and saying he never listed the video card model in the description.

Should I be entitled to a refund here?

Computing

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Comments

  • No Username on 14/12/2018 - 22:05
    +6

    Yes. Item not as described.

  • whooah1979 on 14/12/2018 - 22:29
    -2

    Open an snad. PayPal normally side other the buyer. Ship an item back and wait for PayPal to issue refund.

    • payton on 14/12/2018 - 23:13
      +2

      should only send back after Paypal/Ebay says so
      ps did not neg you

      • whooah1979 on 15/12/2018 - 06:46

        did not neg you

        Thanks for that.

        Some people never read the full post before voting. I did state

        PayPal normally side other the buyer.

        PS it was meant to say PayPal normally side with the buyer.

        That means that the buyer has followed the correct procedure and PayPal have asked them to return the item for a refund.

        • Quantumcat on 15/12/2018 - 11:39
          +1

          Ship an item back and wait for PayPal to issue refund.

          This sounds like you mean send it back before confirming you're getting a refund. Which you should definitely never do.

    • Quantumcat on 14/12/2018 - 23:31
      +2

      Never send anything back until PayPal or ebay tell you to. Possession is 9 10ths of the law.

  • [Deactivated] on 15/12/2018 - 05:50
    +1

    It was listed as no returns

    A seller writing this in their listing doesn't count for jack.. They must follow ebay and PayPal policy regardless.

    The seller is claiming there was no issue with screen discoloration before sending so that must be due to damage in transit.

    From my experience, ebay/paypal always sides with buyer in cases where item arrives damaged and/or not as described .

    Hopefully you paid with PayPal, as ebay purchases where paypal payment is used, you have some extra buyer protection. Btw, this is another dodgy thing people try to add to their listings 'no paypal, direct money transfer only etc' even when ebay listing states they must accept paypal. Seller sounds dodgy asf, trying anything they can to screw you over IMO. You will almost certainly win in PayPal/ebay case. Open the returns case, ASAP, as there are time limits. Make sure seller pays return postage and refunds everything uou paid (including postage). They have to do this under ebay policy. Seller may challenge your claim, but take pictures of the screen issue, maybe add a link which shows the 'performance' chip wasn't released until after this model was sold.
    You cannot lose this case really. You should get full refund, seller pays return postage, and seller should get account flagged (but dodgy sellers still get away with way too much, they will still be allowed to sell, maybe just some restrictions on their selling account).

    Note, do NOT communicate with them outside of ebay messages, only communicate through ebay message system, so when you raise a dispute/claim, then ebay can easily check the facts

  • N1NJ4W4RR10R on 15/12/2018 - 10:29

    ACCC would expect so. Appears item wasn't as described and is damaged. And whilst the not as described part may have been murky, that screen seems damaged.

    As for damaged in post, that's their problem. They were the sender, you were just the reciever.

    • whooah1979 on 15/12/2018 - 10:41

      ACCC would expect so

      This was a private sale. The ACL doesn't apply.

      • N1NJ4W4RR10R on 15/12/2018 - 12:48

        Assumed it was via a company.

        In that case, eBay would expect so

  • tomlikesbeetroot on 15/12/2018 - 13:51

    Thanks all,

    Have requested refund.
    Shame as I purchased last week when they had 10% off sitewide, going to contact eBay and see if if they will grant me a another 10% off voucher to buy something else

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