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Not much to say
Found this listing on eBay.
The seller clearly states at the end of a very very long item description, that only the box is for sale.
Is this even allowed?
See listing below
PS5 Box for Auction - Read to End of Description
Lspif888 on 08/02/2021 - 09:26
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I would say yes it is legal, but whoever buys will get their money back. They have hidden that one key fact at the end of everything. It should be written in the title of the item as “box only”.
I have seen other ones before where that piece of information is written in every second line of the description and in the title, and people still bid on it. That’s absolutely fair game.
But in this case, it is quite misleading, especially as they have said it is RRP $750. It’s not, because the box only is not an item with its own RRP.
I would say no it's not legal. It's clear there is an attempt to hide what they are really selling and misleading the buyer.
Very true. It’s extremely dishonest.
I just wonder if the tiniest mention is enough for it to still be legal.
However, putting it in the console category and also putting in the actual ps5 description makes me think not.
It's the same tactics corporations use on consumers with those Terms & Conditions.
Nope mentioning it isn't enough. Without writing a 10 page essay about good faith in contracts, for a contract to exist you need more than an offer and acceptance (and money). A contract to be valid also needs to have a 'meeting of the minds' and formed in good faith. That is, both parties have a functional understanding of what the contract is about and not actively be mislead.
The fact that the seller has gone so far out of their way to be misleading, listing the specs and putting it in the gaming category, it's really hard to say that there was good faith in the creation of any contract here as well considering the attempts to mislead.
It's against eBays T&Cs: https://www.ebay.com/help/policies/listing-policies/item-des…
"Item descriptions must be accurate and not mislead the buyer. For example, the Item Condition selected must match the item and should be consistent across all areas of the listing (title, description and item specifics)."
Why wouldn't it be allowed?
Because the seller is obviously a scammer who knows people want a PS5; why would anyone sells a PS5 box so soon after release, and why would the seller bother listing the specifications for the damn console when it's not included.
Let's ignore that it's listed as a PS5 and not a PS5 box:
Why would eBay allow somebody to sell a box that's listed as new and unopened that's been used and opened? Is that really your question?
Wow that is dodgy as hell! It’s fine to sell the box but the description is not reflective of what the item is. They have the PlayStation features etc in the description. It just shows it pays to read the description of what you’re buying but this to me is the seller hoping people won’t notice and pay $1000 for a PS5 box.
It's very misleading, don't think it's allowed in email. If box only, it should be in title.
Don't think it would end well. Waste of postage, and ebay case for sure.
Waste of everyone's time.
Click on the "Report item" link just above the description
Listing practices > Search and browse manipulation > Misleading title
EDIT: For clarity, its 100% against policy to not have "Box Only" in the title. The rest of the crap is borderline (listing the RRP of a whole PS5, copy-pasting specs for an item you're not getting, etc) and is definitely scummy, but there's no specific report category covering this.
Didn't even know this was an option. I'd hate to pay $900 for a box!
I'd advise people to report the listing by using CTRL+F and typing ' report', then filing that way
Reported. Usually I'd say the buyer has to be more aware, but this is pretty disingenuous/misleading.
Geez, they don't make it easy report with so many categories / subcategories. I doubt many would bother reporting it with out knowing the exact location for misleading title.
Reported as well, thanks for the steps.
It's now been reported via their online chat, too, and is being escalated to try and get the listing stopped before the auction ends.
Guess we'll see how that pans out!
I just chatted with online also - its 24-48 hours for them to review and remove a listing. They did say that this looks like it will fail so they will take action then. So some poor bugger is going to waste their time.
Tempted to buy it myself and then just not pay the little snake.
I felt the same way, but was hopeful that they could end it before it timed out. Looks like that won't happen now!
99.999% misleading, but not illegal and therefore okay on EBAY. Will end badly.
Anyone got a PS5 box spare? Will pay 1c, sorry rounded down to zero as 1c coins are not readily available anymore.
It's against Ebay's rules, clearly, but sure - not illegal. If misleading a prospective buyer isn't illegal.
Misleading and deceptive conduct is illegal under consumer law.
The only real question is whether this transaction would be captured by the 'in trade or commerce' part of the provision - private/domestic transactions are not generally thought to be caught by this.
Anyone got a PS5 box spare?
When you get one I will give you 5 whole cents, pure profit.
It's not allowed by eBay as he has provided all the information of the PS5.
I've reported it
Well done for reporting it
People do not need to be ripped off by misleading information and preying on the gullible
It should state box only in the first few words and not hiding the truth at the bottom.
I've reported it too
My god. I hate to use such strong language, but what a piece of shit. I don't really care if it's within the letter of the law, but it certainly isn't within the spirit of it.
The current bid is at $970, and I sincerely hope eBay follow up on our collective reporting and ban auctions like this - I would care less if it was reported as 'Box Only' within the title, but this style of 'gotcha' profiteering is distasteful.100% agree.
Especially since they went to the effort of putting the PS5 specs and RRP in the description. What they've described is NOT what they're selling, regardless of what the final sentence might say.
Hopefully they'll have the listing removed before ruining someone's day. If not, I guess they'll be getting their first negative feedback…
that was mild language
Mein Gott! Over my whole life I have never heard such strong and unsavoury words. I've reported you to the swearword police and they will be expecting a payment in the swear jar/trust fund.
Ps. Agree with your sentiments re PS5 bunghole.
These poor people.. I'm guilty too of not reading the description in its entirety, but this is misleading.
The description isn't describing the product he/she is selling. Probably some 15 year old kid thinking they'll score big and recoup their PS5 money.
It wont pay the dental bill in anyway.
Unfortunately if you look the other items the seller has up, it's an adult that has children.
I'd say Kyle could expect someone knocking on his door if it all went through.
Hi,
No its not allowed. It falls under the category of misleading title. The poster has classified it as a Sony Playstation 5 and its not, its a box so should be stated in the title and it certainly shouldnt be listed in the category of 'video game consoles' as again it is a box. If someone reports it it should be removed.
I am more amazed that the poster has allowed 'pickup' on this item. Would be great to see that transaction unfold after someone pays $1000 for an empty box and rocks up to their address in Liverpool.
It is there.
Listing practices > Search and browse manipulation > Misleading title
Ahhh thank you. Reported item and will keep that in mind for future.
You're welcome Hybroid. :)
OP, I'm giving you a gold star to picking that up :)
someone bid on it, leave bad feedback and never pay them.
The starting price was also $500, must be a very expensive box.
It just hit a grand! Struth!
I have not read previous comments or OP, but I'm calling this as the new GameStop.
There was a forum about something like this before.
They're selling GFX Cards and Rolex but in fact, it was only the A6 print of the items.
looks like the seller has tried it before. i don't see the point behind this esp. it going to be returned and list fees on the seller.
https://www.ebay.com.au/itm/Playstation-5-Disc-Edition-PS5/2…
Reported
so did 50 others.. but good ol' ebay.. nothing
Man I hope this thing gets pulled before some poor bugger spends $1000 on it only to be effed around by this weasel. One thing I have learnt Ebay are not quick to remove, this has been reported hours ago, still going.
It’s up to $5100 with 7 minutes to go
It may be a special box, getting tempted to bid.
i ran it up just to make sure noone accidently won it, current max bid 15k
Make sure you leave feedback straight away before he cancels the winning auction.
good idea
feedback logged :D
$7k now 😂
🚀 🚀 🚀 🚀
$10,100 now. 80 seconds left.
LOL. Sold at $10,100 attracting 38 bids.
i was the lucky buyer, hold your congrats guys
Congratulations sir, here is your box
Do tell us about the post-auction story… please.
LOL
left negative comment seconds after the purchaseWell done
fish that….i thought ebay will take it down but they did not…..
well i've already expressed my feelings in negative feedback
just a bit disappointed in the communication from the seller
response -
New message from: kylebenjamen (16Yellow Star)
Hi thanks for your false negative feedback !oooh i want to see where this is going to go. let us know how the conversation goes!
i've just asked him if it comes with an AU power adapter before i pay
@MantistobogganMD: Response
Product is of Australian purchase, from the launch week in 2020. Came from the EB games stock.
Postage will be completed within 24 hours of payment. Before making your payment we would kindly ask you to reply back with acknowledgement of the item & how you would like it sent to you & that you’re happy to proceed with payment.
Thank you & congratulations.
@MantistobogganMD: you should have stated he was selling box only /misleading description, so if he relists, other buyers might actually see it in his FB. I did report him as well, though it shows eBay does nothing. Good on you for stepping up
@kasumi: update
New message from: kylebenjamen (16Yellow Star)
I’m assuming you’ve read the item description? No need to play around, you’ve given your negative review to make your point all you need to do now is either cancel or make payment which i doubt you’ll be doing
Reply
Your previous messageI'm sorry but i feel you're avoiding answering my question
you're not giving me straight answers and it's making me nervous about this whole auction
Does this include a power adapter ? yes or no ?
kylebenjamen:No you won’t need to buy one
Your previous messageThanks so much, this is great
it does come with the power adapter though ? i don't need to go buy one ?
kylebenjamen:Product is of Australian purchase, from the launch week in 2020. Came from the EB games stock.
Postage will be completed within 24 hours of payment. Before making your payment we would kindly ask you to reply back with acknowledgement of the item & how you would like it sent to you & that you’re happy to proceed with payment.
Thank you & congratulations.
Your previous messageNo Problem,
just confirming this has an AU power adapter ?
@MantistobogganMD: Lol… whatever you do don't cancel. Wait for the seller to open a case (if they dare) and wait weeks before getting their final value fee back.
@MSG: yeah.. i wouldn't cancel either and let him stew in his own misery of being charged eBay FV fees of $440
(here i was hoping there was no cap and he would be up for $1000+ in fees but i had to look it up to confirm)https://www.ebay.com.au/help/selling/fees-credits-invoices/s…
Auction or fixed price in most categories - 10.9% of the total amount of the sale, to a maximum charge of $440 per item*
@MantistobogganMD: The item was listed as OPENED- NEVER USED. You should ask him to re-confirm this.
@mooney: hahaha yeah i picked up on that as well. It's impossible for the box to never have been used.
@MantistobogganMD: New message from: kylebenjamen (16Yellow Star)
The item description is clear. All you need to do is read it from top to bottom.
Reply
Your previous messageI'm sorry, i don't understand ?
the item description is not clear so i am clarifying with you, ps5's are really hard to find so i'm happy to pay a premium
@MantistobogganMD: Edit: After a little bit of google stalking, I found out plenty of information about him and his missus. People put too much personal information on the internet :/
If he's still being a douche and you want to shock some reality into him, PM me, but I won't post it for all (though anyone can do the 10 min googling like I did).
@MantistobogganMD: Waiting for the inevitable re-list (although your neg has destroyed any seller credibility he had). Your comment has been removed, but the neg remains at this stage.
@MantistobogganMD: You've done a man's job sir!
Would be a shame if all of OzBargain started spamming this dude questions on his other listed items.
@rompastompa: Im curious how you locked it down to who it was. My googling still left me with a few options but none that could be confirmed. (Don’t want to know who it is, just how you got there)
It is amazing how much people put out on the internet, especially when they are doing the dodgy online.
@El cheepo: The clue to this is look at his other listings. Then ask, would he be selling these on another platform? If he is, then you know he wouldn’t be typing up a new ad. He would use the same description, pictures, etc.
Now it’s just a matter of finding another ad on a different platform/marketplace.
Hope this helps ;)
The item description is clear. All you need to do is read it from top to bottom.
Wouldn't need to if the title was accurate…
applause
Legend!!!
well i've already expressed my feelings in negative feedback
The text of the negative feedback has been removed & replaced by "—". Did you change it?
https://www.ebay.com.au/fdbk/feedback_profile/kylebenjamen?f…ohhh i did not, curious
"This comment has been removed by eBay"
I dont understand, were you ready to pay 10k for a PS5 if the listing was real?
“I don’t understand”
FMDJeez. What's with the downvotes? It was a genuine question… or maybe I misunderstood the statement that was made.
Nah, he’s just playing with the seller
Hybroid on 08/02/2021 - 09:29 Comment score below threshold.
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