(Sorta!) robbed on eBay.

[Samaroon|Terracotta]

Howdoo, just a quick rant and a question.

I recently bought Saint's Row for my Xbox, and after waiting about 5 days to recieve it, i get it. Or well, I thought I had it. Apparantly he's send the wrong disc, there's a Ghost Recon 2 disc in here scratched to hell. Coincidence? So that's got me pretty pissed off atm. I've messaged the seller, asking about whats happened and about returning the game etc to fix things out.

So here's the question, how long should I wait for a reply from him, before I leave negative feedback/report him? I figured I might aswell give him the benefit of the doubt. Was thinking somewhere along waiting till Monday to see if he replys, if he doesn't, what course of action should I be taking here?

 

[[HB]Jpeg]

Howdoo, just a quick rant and a question.

I recently bought Saint's Row for my Xbox, and after waiting about 5 days to recieve it, i get it. Or well, I thought I had it. Apparantly he's send the wrong disc, there's a Ghost Recon 2 disc in here scratched to hell. Coincidence? So that's got me pretty pissed off atm. I've messaged the seller, asking about whats happened and about returning the game etc to fix things out.

So here's the question, how long should I wait for a reply from him, before I leave negative feedback/report him? I figured I might aswell give him the benefit of the doubt. Was thinking somewhere along waiting till Monday to see if he replys, if he doesn't, what course of action should I be taking here?

Try resolve it via ebay pms and save them.. as users that get neg feedback tedn to giv neg in return even tho buyer done nothing wrong. and they neg in return just outta spite cos u neg'd them.. IF they neg u in return be sureeee to post a comment to his NEG so ppl checking your FB can see why.

i bought a pc of there a ye ror two ago. and it was riddled with spyware etc.. i neg'd him ue to lack of replys.. and he neg me also. saying i was atfault. but i ripped into him and it didnt seem to effect my sales . was pissed off also cos i had 100% at the time and that was my 1st neg.. sadly EBAY cant and wontttt remove neg feedback

Also i gus he can fuck u over ad say auction wasnt for the game.. as his description sucked.. and the auction title was simply saints row.

 

[Dudley52]

How can you put the wrong disk in lol.

Whenever I sell games or DVD's on eBay I always check that the disk is the right one and clean it up to avoid any negative feedback.

I guess you should wait until about Monday, it might just be a general mistake. When did you message him?

 

[Dudley52]

Try resolve it via ebay pms and save them.. as users that get neg feedback tedn to giv neg in return even tho buyer done nothing wrong. and they neg in return just outta spite cos u neg'd them.. IF they neg u in return be sureeee to post a comment to his NEG so ppl checking your FB can see why.

i bought a pc of there a ye ror two ago. and it was riddled with spyware etc.. i neg'd him ue to lack of replys.. and he neg me also. saying i was atfault. but i ripped into him and it didnt seem to effect my sales . was pissed off also cos i had 100% at the time and that was my 1st neg.. sadly EBAY cant and wontttt remove neg feedback

Also i gus he can fuck u over ad say auction wasnt for the game.. as his description sucked.. and the auction title was simply saints row.

I bought a T-shirt on eBay once, they sent me the wrong size. Messaged them to tell them, didn't get a reply in a week so left negative feedback. As soon as I left the feedback they replied and said send the shirt back and we'll send you the right size as long as you withdraw the feedback. So you can withdraw feedback, just ebay won't do it.

 

[Samaroon|Terracotta]

How can you put the wrong disk in lol.

Whenever I sell games or DVD's on eBay I always check that the disk is the right one and clean it up to avoid any negative feedback.

I guess you should wait until about Monday, it might just be a general mistake. When did you message him?

I sent it at about Noon today. And like you said, I can't see how someone could make the mistake of putting the wrong game in a box.. ;o

 

[Mojo]

I would raise a dispute before leaving neg feedback as that usually spurs them into action.

Once posted neg feedback is always visible it just removes the red icon and no longer affects % feedback calculations.

And am pretty sure you cannot have feedback left for you if u have opened a dispute, or at least none of the ppl I have slammed didn't so maybe open a dispute wait a few days then leave neg.

 

[Ezteq]

tbh i'd wait until monday evening but i'd message him saying just incase your away ill wait till monday evening before disputing the sale, just to prod him in to action.

 

[Vladamir]

Throw your GHD's at him!

 

[- English -]

report it. i once wiated 4 weeks to get my ram from ebay which i paid for. Paypal refunded my money, and i got the ram 2 days after lol... not bad for 100£ ram

 

[tris-]

sue him FOR ALL HES WORTH

 

[Dreamor]

I once tried to buy a film, which I knew was at the cinema, and was found by Sony. They asked me to stop buying from the guy and not accept it. I later got a letter to ask if I would testify against the guy... I later found it was someone I a friend knew and was in the RAF! He had imported a shed load of pirate movies on his last tour... I laughed!

 

[Dudley52]

tbh i'd wait until monday evening but i'd message him saying just incase your away ill wait till monday evening before disputing the sale, just to prod him in to action.

yep, ezteq has the right idea

 

[Thorwyn]

Does the rep thingy actually have any (legal) value at all? Lets consider the following situatio:
You have won serveral auctions and have received some of the items. Whilte giving feedback, you accidentally click the wrong link and accidentally give positive feedback to someone, who has not yet send the stuff. What happens? By giving positive feedback (even acidentally), do you legally approve the trade? (i.e. can the seller now say: yay! I´ve gto feedback and money, not I`ll keep the item and nothing can happen)?
Upcoming lawyeers, to the rescue!

 

[Succi]

Im not sure on that one, however the new ebay shops will be subject to sale of goods act 1979 as a 'company' (which implies more responsibilities) rather than the normal private seller ebay rules.

As far as the law's concerned I think alot of ebay stuff/disputes is very much up to interpretation as its still a new era thing which will be ambigious regarding most common law/statute.

Ebay themselves cant do much, as they have little power to FORCE people to send items etc as theyre merely providing a service. Caveat Emptor aka 'buyer beware' will be very relevant will most ebay sales I think but it remains a grey area as again most sales are by description and ascertained goods and therefore the buyer has a certain reliance on the seller's description.

however, im not a full law student... wait till tilda gets here =]

 

[tris-]

i believe full reliance is on description if thats all you have to look at when buying something.
depends if your paying cash or by credit for which act applies. either way, there is implied terms that the goods match the description.
so if the description says you are buying a saints row xbox 360 disc, and you get a GRC2 disc, there is an obvious breach.

Im not sure on that one, however the new ebay shops will be subject to sale of goods act 1979 as a 'company' (which implies more responsibilities) rather than the normal private seller ebay rules.

private sellers dealing in cash are already subect to the SoGA79 but only section 13 with regards to description. and yes, someone dealing in the course of business has more responsibilities

 

[Samaroon|Terracotta]

Well I got a message back of him, full of apologies. He can't find his Saints Row disc anyway and has no idea why there was a GR2 disc in the box. He's going to refund me back my money, good stuff I say :]

 

[Succi]

But the trouble in this case is that the description is so vague, although applying the 'reasonableness' test its pretty sure that he would be held to be selling the game to which he linked. Although you gonna remember S13/14/15 is phrased in terms of the buyers right, with the sellers exemption from implied terms comming in 15a iirc

anyway if it went down to all that shit, it would be a small claims court. Most likely he's just made a mistake- for example I recently bought a 'full pack' of guitar strings ... and the parcel only contained 4. The seller had simply made a mistake and was very apologetic. I'd say it would be quite easy to forget to check which game it contained, give him a few more days.

edit : I PREDICT THE FUTURE!

 

[Huntingtons]

dont you feel bad now sama? for being so suspicious not having faith in your fellow man

 

[Samaroon|Terracotta]

dont you feel bad now sama? for being so suspicious not having faith in your fellow man

No chance! I was helluva pissed this morning when it came.

And gg succi!

 

[Congax]

heh, they nailed u!

edit: I must read whole thread before posting ...

 

[Tilda]

Does the rep thingy actually have any (legal) value at all? Lets consider the following situatio:
You have won serveral auctions and have received some of the items. Whilte giving feedback, you accidentally click the wrong link and accidentally give positive feedback to someone, who has not yet send the stuff. What happens? By giving positive feedback (even acidentally), do you legally approve the trade? (i.e. can the seller now say: yay! I´ve gto feedback and money, not I`ll keep the item and nothing can happen)?
Upcoming lawyeers, to the rescue!

Company law final tomorrow, I'll reserve my judgement till next week

 

[Gamah]

Gl Hf!

 

[Bugz]

I dunno if it helps - but whenever I had a fucker that I knew was mucking me about - I'd pound his inbox with messages - like two a day - all very polite.

That way when i'm reporting him, it makes me seem like a nice, polite gentleman :d

 

[Samaroon|Terracotta]

Well again, after his last message about refunding, I messaged him back saying that it's definately not here, and could i just get a refund, but he hasn't replied again, so I'm kinda lost about what to do? Give him the benefit of the doubt, again, or what? Help plz!/

 

[Jeremiah]

If you've paid through PayPal then you could probably email them with all the messages exchanged between you and the seller. They might give you the refund and then charge the other guy.

 

[Tilda]

Give him a chance to sort it out himself imo.
Although I might offer to post back the box + disk that came with it

 

[Samaroon|Terracotta]

Give him a chance to sort it out himself imo.
Although I might offer to post back the box + disk that came with it

I done that, on Thursday at about 7pm :E Still no reply though