Ebay problems!

[MW2]

HI

 

I have just sold on ebay a brand new ipod nano 6th generation,

 

i listed the item as new,

which it is,

 

the problem i have now is the person that bought it,

i might add they are £136 in argos he paid £82,

has just issued a ITEM NOT AS DESCRIBED DISPUTE

 

He claims he bought it to resell and the packaging has been opened so is not as described,

no where on my auction did i say it wasnt opened

 

ebay say if it is new is it unopened!!

How could i list it as anything other than new when it hasnt even been turned on

 

And the cheeky sod wants his p&p back which actually cost me more to send than he paid

Any thoughts kindly appreciated.:

[dw190]

If you have stated New and not As New it will show in the item specific of your auction.

 

Item specifics

 

Condition: New: A brand-new, unused, unopened and undamaged item in original retail packaging

[IdaInFife]

moved to general issues forum

[IdaInFife]

did you state on your item despription that the package had been opened?

[mackem2010]

Unfortunately sounds like a case of more care required when listing, I myself suffered from similar in the past, and eventually eBay / Paypal found in their favour.

[perplexity]

Any thoughts kindly appreciated.

 

:mad2:

 

The buyer is not the "cheeky sod"

 

It could be prosecuted as a strict liability criminal offence, to sell an item as "brand new" when it is not.

[MW2]

Thanks for the replies,

 

in reply to the one above

how can it not be brand new when the item has NEVER EVER BEEN TURNED ON,

 

that is in my opinion brand new,

never used,

the packaging being opened surely doesnt mean it is not brand new,

and id love to be prosecuted for selling a brand new item for half price

[perplexity]

An Ipod would be turned on before it is packaged for retail, to test that it works.

 

When you are stuck in a hole it is wiser to stop digging.

 

If eBay or Paypal is invited to arbitrate and you none the less expect your opinion to count for more than eBay's own published rule (the rule that you agreed to respect when you subscribed to be a member), what do you want to bet on that?

 

The published rule is perfectly clear with regard to items described as "new":

 

A brand-new, unused, unopened and undamaged item in the original packaging (where packaging is applicable). Packaging should be the same as what is found in the retail shop. If the item comes straight from the manufacturer it may be delivered in non-retail packaging, such as an unprinted box or plastic bag. See the seller's listing for full details.

 

Were it up to me you'd be banned from selling on eBay.

 

[andydd]

I agree. I recently sold some HP Computer backup tapes as New,

I bought them brand new but found out they were the wrong type

 

sold them on Ebay and the buyer complained as they werent in the original packaging,

 

he too only bought them to re-sell and Ebay/Paypal found in his favour.

 

Its a pain but the differences between New and As New are made clear by Ebay so you cant really compalin I'm afraid.

 

Andy