OK I am a novice e-bayer when it comes to buying from private individuals. I won an auction for what the seller listed as "Aprilia RSV/RSVR/Tuono/Falco genuine tool kit toolkit." I assumed giving the listing and that there was no mention of pieces missing that the kit was complete. I received the kit and discovered that 2 allen keys and 2 box spanners are missing. I am not bothered about the Allen keys but I bough the kit for the box spanners for adjusting the chain.
The sellers has said 1. That's how the kit came and its never been used. 2. The photo he posted didn't include the box spanners 3. and I quote "I said it should be suitable not that it will be."
Where do you think I stand on this? I offered at my own cost to post the kit back to him for a refund he doesn't seem keen. Do I chalk it up to experience or pursue a dispute through e-bay? or is that more trouble than its worth. The kit cost me £22 including postage.
Expert e-bayers what do you think?
Flea Bay Problem
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EdinburghFalco
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I've just won a PayPal dispute so I do have a bit of experience.
Firstly you've done the right thing in contacting the seller first of all.
Sounds like a few grey areas here.
It seems the seller didn't mention it might be incomplete but if it was listed as "used" and the photo clearly showed the contents of the kit without these spanners then it might not be so unreasonable if he was unaware that these things were missing when he bought the kit.
He could argue that if these were so important to you, you could have asked him whether these spanners were included before you bought it.
If you had a clear statement that it was new, complete or the important spanners were there, you would have a very strong case.
TBH I've seen a number of second hand Aprilia tool kits on ebay and thought about buying as a spare. I've never bid for them though as I could see bits missing - or they were too expensive.
Personally, I'd have thought that the fairest way for all would be for you to return it for a refund of the toolkit less what it actually cost him to post it (not some inflated P&P charge he may have applied). That way the seller is not out of pocket on a deal we have to assume was done in good faith.
If you need to go down this route, the PayPal dispute process is as follows (as I recall).
1) You raise an issue in the PayPal Resolution centre
2) After you've contacted the seller, if it's not resolved, you escalate to a dispute (I did this immediately having already discussed with the seller with no result)
3) You submit evidence. In my case, it was for a wireless access point for my son's X-Box. The listing stated that if the settings don't match that of my network, I can configure the access point to suit. I bought it but when I tried to configure it, found it doesn't support WPA security (the seller then told me to turn security off on my network!). My claim was that it was significantly different to that described as it couldn't be configured to match my network settings. Anyway PayPal agreed and told me to post it back by a trackable carrier (Royal Mail Recorded Delivery in my case) at my expense and I would be refunded the cost of the item and the delivery to me.
4) Send it back and inform PayPal of the Tracking Reference. I did this - but this is where it so nearly went horribly wrong.
I periodically checked my email for news that I'd been refunded but nothing for a couple of weeks. Then I checked again and found a note from PayPal telling me that they required a scanned copy of my proof of purchase to be sent to them the day before I'd seen the email ..... or the case would be closed - won by the seller. I was Furious! Having been in the process for a couple of months and been waiting for a couple of weeks for my refund, they emailed me about this giving only 3 days to respond or loose the case (If I'd been away on business or holiday I may well not have seen this for some time). I checked and found the case had not been closed but the facility to send the proof of purchase had been withdrawn. I contacted them immediately (which is not easy to find out how to do this). They then closed the case against me ... and I was livid - I didn't even have the goods to sell on to recoup some of my loss - having sent it back at their request. Anyway following further contact I did get the proof to them and the case was reopened and awarded to me and the refund was made. Had I not responded before the case was closed, it would not have been.
SO - If you do dispute anything, check your email every day just in case they ask you to send additional info. You may be completely in the right but can loose the goods and all your payments if not. (TBH, I'd have sued in the small claims court)
Did make me think though that if I wasn't sure of my grounds, it might have just been easier to have just sold the goods on again (listed up with an accurate description) and recouped some of my money.
Firstly you've done the right thing in contacting the seller first of all.
Sounds like a few grey areas here.
It seems the seller didn't mention it might be incomplete but if it was listed as "used" and the photo clearly showed the contents of the kit without these spanners then it might not be so unreasonable if he was unaware that these things were missing when he bought the kit.
He could argue that if these were so important to you, you could have asked him whether these spanners were included before you bought it.
If you had a clear statement that it was new, complete or the important spanners were there, you would have a very strong case.
TBH I've seen a number of second hand Aprilia tool kits on ebay and thought about buying as a spare. I've never bid for them though as I could see bits missing - or they were too expensive.
Personally, I'd have thought that the fairest way for all would be for you to return it for a refund of the toolkit less what it actually cost him to post it (not some inflated P&P charge he may have applied). That way the seller is not out of pocket on a deal we have to assume was done in good faith.
If you need to go down this route, the PayPal dispute process is as follows (as I recall).
1) You raise an issue in the PayPal Resolution centre
2) After you've contacted the seller, if it's not resolved, you escalate to a dispute (I did this immediately having already discussed with the seller with no result)
3) You submit evidence. In my case, it was for a wireless access point for my son's X-Box. The listing stated that if the settings don't match that of my network, I can configure the access point to suit. I bought it but when I tried to configure it, found it doesn't support WPA security (the seller then told me to turn security off on my network!). My claim was that it was significantly different to that described as it couldn't be configured to match my network settings. Anyway PayPal agreed and told me to post it back by a trackable carrier (Royal Mail Recorded Delivery in my case) at my expense and I would be refunded the cost of the item and the delivery to me.
4) Send it back and inform PayPal of the Tracking Reference. I did this - but this is where it so nearly went horribly wrong.
I periodically checked my email for news that I'd been refunded but nothing for a couple of weeks. Then I checked again and found a note from PayPal telling me that they required a scanned copy of my proof of purchase to be sent to them the day before I'd seen the email ..... or the case would be closed - won by the seller. I was Furious! Having been in the process for a couple of months and been waiting for a couple of weeks for my refund, they emailed me about this giving only 3 days to respond or loose the case (If I'd been away on business or holiday I may well not have seen this for some time). I checked and found the case had not been closed but the facility to send the proof of purchase had been withdrawn. I contacted them immediately (which is not easy to find out how to do this). They then closed the case against me ... and I was livid - I didn't even have the goods to sell on to recoup some of my loss - having sent it back at their request. Anyway following further contact I did get the proof to them and the case was reopened and awarded to me and the refund was made. Had I not responded before the case was closed, it would not have been.
SO - If you do dispute anything, check your email every day just in case they ask you to send additional info. You may be completely in the right but can loose the goods and all your payments if not. (TBH, I'd have sued in the small claims court)
Did make me think though that if I wasn't sure of my grounds, it might have just been easier to have just sold the goods on again (listed up with an accurate description) and recouped some of my money.
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EdinburghFalco
- Track Day Addict
- Posts: 174
- Joined: Sun Jun 08, 2008 7:23 pm
- Location: Edinburgh