eBay item not as described issue: Help!

May4th on 21/02/2013 - 19:07

I recently bought a HTC OneX + headphone bundle off ebay which was all fine. However when the phone arrived it was missing the beats headphones.

The item description was:
For sale is my HTC One X 32gb white smartphone. It was purchased through Optus mid 2012 and will be unlocked upon request.
I have with it the original box and accessories.

It is in as new condition with no marks/scratches on the screen and barely any signs of wear on the back of the case.

This mobile phone come with the Beats by Dre enhancements and headphones.

I guess they could have meant Beats by Dre enhancements AND headphones (meaning the stock earbuds) which would either be very unfortunate wording or deliberately misleading. In any case if you wanted to argue it out, headphones are not the same thing as earphones, i.e. it has that band on top. Best you could call it is a 'headset'

Now the seller with whom I communicated was very helpful and sounded quite friendly so I don't think it was deliberately misleading. I'm not sure as to what the procedure from here on is though, of course I contacted the seller and am waiting on a response first but if the seller wants the phone back, am I entitled to reimbursement of the return postage?

Mobile

Comments

  • Moots on 21/02/2013 - 20:06
    +1

    Usually these disputes can be settled be good communication. You have 90 days from payment to open a dispute with PayPal if that's what payment method you did pay with so that isn't your main concern.

    This can easily be fixed by the seller sending the headphones in the post to you. (Obviously :)

    Worst case senario would be you to return the item back to the seller. This is when you open the PayPal dispute and you make sure you keep commenting updates.

    If you want to return the item to the seller, make sure you have this in writing from the seller via eBay messages and not via E-mail as eBay does not support any messages outside of eBay for evidence.

    You send the item back to the seller via REGISTERED POST (Tracking Number) and log that as well as keep the postage receipt which contains the tracking ID and the postcode of where the item is being sent to. This is to be uploaded to PayPal as proof of returned of items.

    You put the tracking number into PayPal to keep them up to date just in-case the seller claims the item has not been received from you. I highly suggest but is not neccessary to extend your postage options to Signature Required. The person who's name the return postage is to sign for the parcel with additional option of proof of ID. (Drivers license).

    In saying that. That is worst case, let's hope you can mutually agree to sort this out.

    Do not accept:

    • Cancellation of Transaction Request
    • Feedback extortion (seller telling you to leave positive feedback before you receive a refund).

    In the case of your returned postage re-reimbursement. This is highly unlikely. Unless stated down the bottom of the listing that this buyer accepts return of item there would also be a field telling you if the seller has marked the return postage as "Buyer is responsible for return postage" or "Seller is responsible", 97% of the time IF he accepts returns is that the buyer would be responsible for the returned postage chargers.

    Goodluck!

    • May4th on 21/02/2013 - 21:14

      that's very helpful, thanks. the issue is i think there were no headphone to begin with so i would either have to get a partial refund or return the item for full refund at which point i'm not sure where the liability lies with regards to postage fees. the return policy is listed as "no returns" with no further details

    • OBEY YOUR MASTERS on 22/02/2013 - 08:45
      +5

      I'm sorry but you don't get 90 days after from payment to open a dispute. It's 45 day as per this:

      https://www.paypal.com/au/webapps/mpp/paypal-safety-and-secu…

    • morg on 23/02/2013 - 15:47

      HTC One X came out with Beats enhancement feature and stock earphones. I think you got what the seller got, not being misled.

  • mskeggs on 21/02/2013 - 20:24
    +3

    Was there a picture of any headphones?
    Looking at other HTC OneX listings, it seems:
    "HTC One X comes with Beats By Dr. Dre Audio built-in to the hardware and software. Beats Audio on the HTC One X is enabled across the entire multimedia audio experience including apps, offering richer, more authentic sound on music, games, videos and movies."

    Based on what you have described, I don't think the seller was being misleading. If there was mention of Beats headphones in the title, or that it was a phone and headphone bundle, or a pic of the headphones, fair enough, but the beats enhancements are a feature of the phone.
    I think if the seller accepts a return you will be lucky, as I don't think they have done much wrong.

    From the sellers point of view, he has a buyer asking for an expensive pair of headphones that he never advertised.
    Edit: I should add that if this is a powerseller or corporate seller I would hold them to a higher standard, but it is just some guy selling his old phone, I don't think it is misleading.

    • plmko on 21/02/2013 - 21:02

      On the official Beats website, they specifically have a'headphone' and 'earphone' category, meaning they are completely different products. So it is misleading to say headphone, when you actually have earphones as they are different products.

      However the listing is vague in that it doesn't list the specific model of headphones, so you can't really peg them on anything they should switch with.

      In this case, you should contact the seller and work something out and if not, force action by opening a dispute and let Ebay/paypal sort it out.

    • May4th on 21/02/2013 - 21:16

      there weren't any beats earphones, only the standard earbuds you get with HTC phones. as the headphones were clearly mentioned in the item description i don't think it's reasonable to say that was referring to stock earbuds which clearly isn't a) beats branded and b) headphones

      further, the listing also mentions "full accessories" and it would be unnecessary to mention the headphones (earbuds) again since they are included accessories

      • ESEMCE on 22/02/2013 - 10:23
        +1

        Don't be surprised if the seller thinks you're being picky with your language.

        For the layperson, who thinks stock earphones are good, there is no difference between headphones and earphones.

        You're going to have to explain very clearly to the seller that you were expecting Beats Brand headphones.

        I'd have expected a photo of the headphones in the listing if they were part of the deal, so I think you're at least partly to blame.
        See if you can get yourself a $50 refund and be happy if you do.

  • mskeggs on 21/02/2013 - 21:03

    Was the phone still a good deal with no headphones? Or did it sell for more than similar auctions with no headphones?

    • May4th on 21/02/2013 - 21:18

      it sold for about $370 and the phone was 1 year old. you can get it for $300 on a good deal for gumtree so it's sitting in the grey zone. the previous listing for $360 closed with no bids and the item was bought on BIN after i contacted the seller expressing my interest

  • plmko on 21/02/2013 - 21:40
    +1

    Personally I'd ask the seller to give a partial refund of the price, maybe $50 or whatever you like. I can guarantee you'd be happier with headphones from another brand.

    • May4th on 21/02/2013 - 21:59
      +1

      as a ozbargainer with self-respect, keeping the Beats was always out of the question :)

      • plmko on 21/02/2013 - 23:23

        I take back my comment.

  • Domingo on 22/02/2013 - 07:39
    +4

    Personally I don't think the seller has done anything wrong or been particularly misleading.

    It seems the headphones weren't included in the description nor were any photos present against the listing. The phone itself doesn't come with any beats headphones stock. The phone wasn't significantly more expensive than others that are for sale to justify the headphones being included either.

    Given all that, the logical thing at the time would have been to contact the seller and ask the question. However you elected not to do that and made an assumption that was wrong. Hopefully the guy is willing to come to the table however I think the best outcome you can really expect is to return it to him at your expense without the original shipping refunded. He hasn't done anything wrong and doesn't deserve to come off behind financially when it was your mistake (regardless of potentially ambiguous wording in the heading only).

    Sucks, but he didn't really not deliver on anything that was promised and no clarification attempt appears to have been made before purchase.

  • leonheart1 on 22/02/2013 - 07:52
    +2

    Looks like it's your own fault that you misunderstood.

    The terms headphones and earphones are pretty much exchangeable.

    Good luck getting a refund though.

  • StuffnStuff on 22/02/2013 - 09:12
    +2

    If the pictures did not show Beats Headphone/earbuds then its safe to assume they were not included.

    Ebay is a great place for a bargain BUT you need to shop carefully. Generally if its a retailer selling brand new stock you will get the same as you if purchased in a shop. When buying from a private seller you need to check everything, if in doubt ask the question BEFORE bidding. I sell lots of stuff on ebay, I show pictures of everything the buyer will get. if its not pictured you dont get it….so no disappointments.
    Check their feedback, if its less than 100% look at the comments and find out why they lots their 100% rating….maybe it was a bad sale or maybe someone not reading the item discriptions properly.
    At the end of the day you get a bargain online generally which out weighs paying full retail at the likes of Harveys etc. If you want the full comfortable feeling I can take stuff back cos I changed my mind then you need to buy at a retail shop….and pay the premium.

  • John on 22/02/2013 - 10:18
    +2

    Yea agree, it is your fault unfortunately. You can ask for partial refund and see if he's kind enough to do it. But if not, just accept the fact you made the wrong assumptions. Seller is not responsible for any refund, seems like a genuine listing and no misleading intended.

  • kwaker on 22/02/2013 - 13:58

    you can put through a paypal dispute if you want, paypal expect you to pay for return postage however under the accc consumer guidelines:

    Do I have to pay to return the goods to the seller?
    The consumer guarantees require you to return goods to the place where they were purchased unless it is not reasonable for you to do so. For example, it would be reasonable to expect you to return an item if you were able to easily take it away with you when you purchased it. However, if the item is large, heavy or bulky or needed to be delivered, the seller should arrange for this to be returned.

    If paypal demand you return the item at your cost when the seller is found at fault then you can either lodge a complaint with the financial services ombudsmnan

    • mskeggs on 22/02/2013 - 14:28

      And the guidelines apply to businesses, not private ebay sales. And they apply to returns for defects etc, not because the buyer read the description wrong.

      • kwaker on 23/02/2013 - 05:15

        paypal is a business and they are the ones your reporting - and most power sellers on ebay are businesses. your paypal account can be accessed by the ATO. has it been established whether the buyer read it wrong or the seller mislead/sent wrong thing?

        edit - please note i did state when the seller is at fault

  • joffmc on 22/02/2013 - 14:11
    +1

    I'd have to agree with all the replies. I don't think the seller did anything wrong either. Headphones and earphones are interchangeable to a layperson. If there wasn't a picture of the headphones then it's most likely wishful thinking with the wording that helped with an incorrect assumption.

    BUT… on a sidenote, I bought a One X (Optus) when they first came out and mine only came with the standard stereo earphones/mic. However, my niece bought one a month or so later and Optus had a 'special' for a One X bundled with a Beats Headphone. And yes, this would have been around mid 2012 also.

    Good luck

  • geebee on 23/02/2013 - 14:52
    +1

    If I was buying it I would have assumed exactly the same as the op, ie. it came with Beats headphones, it is certainly the way it reads.
    I agree with settling on a partial refund if the Headphones are not forth coming, most sellers are great and will work with you to solve issues, but you do get the occasional a/hole that needs PayPal bought into the act.

  • May4th on 23/02/2013 - 15:17
    +1

    thanks for all the input. the seller is fairly new at ebay or so she claims and she pasted the description from somewhere without really looking at it. she said she thought the stock earphones are the Beats headphones. it was agreed i could send it back for a full refund (i offered to pay shipping in any case) so it's all working out!

  • jo2055 on 23/02/2013 - 18:02

    This is why I advise NOT TO SELL mobile on EBay - buyer could through everything on seller
    and Paypal in 99 % cases side with buyer. What about sellers - they did nothing wrong,spend time and money ( shipping to buyer is refunded ) for what ?
    You get your staff with unknown condition ( only reg post receipt is required ) and
    thats it. You will be lucky to get EBay/Paypal fees back ( about 12-15% of the price ).
    I prefer GUMTREE - people see what they are buying, only shortcoming if you could do it securely!

    • May4th on 23/02/2013 - 22:59
      +1

      if you are talking about pick up that severely limits the number of potential buyers. it's also very time consuming and offers no protection for the buyer. gumtree is a good place to look for bargains if you have the time but most of the time it's a big hassle

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