Swarm

Should The Item You Buy Off Ebay Be The Item You Get ?

Recommended Posts

I purchased a NIB kit off a well known ebay seller .

The kit is a Toyota Hilux Monster Racer 58086 I purchased it from what the ebay listing said and pictures looked like instead I recieved a damaged stained kit with sticky tape on it and old price stickers on it ,I emailed the seller and they said we sometimes get a few of the same kit in and use the same pictures but no mention of this in their listing.

The one I thought I was buying was in mint condition I even emailed the seller and said as much I asked if they could pack it well as the kit looks to be in mint condition and it would be ashame for it to get damaged in transit ,I got no reply from the seller stating it was not the same kit box as the one pictured in their listing.

It arrived today totally ruined its still leaking water onto my kitchen table like a wet coaster ,I know this is a seperate issue as its damaged beyond repair .

Below are some of the ebay pictures of what I purchased Listing pics, and what I actually got .

Ended ebay listing http://cgi.ebay.com.au/ws/eBayISAPI.dll?Vi...e=STRK:MEWAX:IT

But the question is should you expect to get what you pay for on the premis of the listing description and pictures especially when hundreds of dollars are involved ?.

What are your thoughts ??

Stuart.

Share this post


Link to post
Share on other sites

I just had a look at the listing Stu;

*This listing is for a Super RARE and BRAND NEW Vintage Tamiya 1/10 58086 Toyota Hi-Lux Monster Racer 2WD Stadium Race Truck kit! This is our 2nd one being listed this week!!!

*Box will be double wrapped for safe and worry free shipping!

- and it has lots and lots of close up photos (as it's a closed auction you can add a link Stu)

What was the point of adding so many photos, if it wasn't of the actual kit? No mention that it isn't the one you are buying - probably photos of the first kit they sold? I would say the listing is definitely midleading - what's leaking?

Fingers crossed you manage to sort it out with Ebay/seller - best of luck,

Nige

PS - have a read of this thread --> http://www.tamiyaclub.com/forum/index.php?...7&hl=cty300 I've purposely avoided that seller ever since.

Share this post


Link to post
Share on other sites

Thanks Nige I agree with you what is the point of all the pictures if they are not of the actual kit .

The kit is not the same as the one listed its got sticky tape on it with black marker pen as well ,also old price stickers and the box is yellowed .

Whats leaking ......Everything the cardboard is a coaster , its crushed water is leaking on my kitchen table still .

I never saw that thread otherwise I would have avoided him.

I honestly thought I was buying the pictured item on the listing it dosent say otherwise anywhere on the listing.

This is what the seller said to me after I emailed him CTY300

"Quote"

We get a few new in box kits once in a while so we're not going to take pictures of every single kit which is the same.

My reply was but I purchased the kit based on your listing description and pictures it did not say anywhere "That what you are purchasing is not the same as the pictured listed or description".

I am going to upload pictures in my showroom soon of the differences in the one on ebay and the one I recieved I can't upload the pics as they are too big.

Stuart.

Share this post


Link to post
Share on other sites

Not acceptable at all IMO! I would be furious as you are. If what is pictured is not what you are going to recieve they need to say this in the listing. "Pictured item is not neccasarily the product you will recieve". The good sellers say this!

Item is simply "Not as described". I would start a paypal claim for a partial refund because it is a damaged NIB kit misdescribed and sold as a good condition NIB. It's more money out of your pocket to return it and ask for a full refund, with you loosing out on postage costs. Partial refund and resell the "not so NIB" will recover the most from the bad listing.

I have had bad dealings with this seller myself and refuse to ever buy from him again. Lucky for me is was only a $20 item.

Share this post


Link to post
Share on other sites

Item is not as described, photos showed a mint box, that is not a mint box - it's not even the item!

These things matter to collectors and I am sure the seller is aware of that.

Share this post


Link to post
Share on other sites

Yeah Mark I am pretty upset to say the least .

So I should go for a partial refund a full refund will only make me send the kit back at my expense (and that is not worth it)

I can't collect this its non collectable as is.

So I paid US$350.00 for the Kit + US$59.99 Postage.

Should I put a Paypal claim in for say US$359.00 let him have US$50.00 of the kits value ?? and take it from there? any sugestions please. What do you think my Paypal refund should be ?.

This guy has done this before.

I agree sosidge ,I am a collector this is not collectable worthy its a thing that use to be a box with water damaged parts inside it .

I would not offend my other kits on my shelf with this pile of JUNK my shelf would reject it !!!

I paid good money for it that is what gets me and the guy knew it was like this no morals or conscience at all .

I know what I would like to do put my Army fatigues back on and go hunting.

Stuart.

Share this post


Link to post
Share on other sites
Yeah Mark I am pretty upset to say the least .

So I should go for a partial refund a full refund will only make me send the kit back at my expense (and that is not worth it)

I can't collect this its non collectable as is.

So I paid US$350.00 for the Kit + US$59.99 Postage.

Should I put a Paypal claim in for say US$359.00 let him have US$50.00 of the kits value ?? and take it from there? any sugestions please. What do you think my Paypal refund should be ?.

This guy has done this before.

I agree sosidge ,I am a collector this is not collectable worthy its a thing that use to be a box with water damaged parts inside it .

I would not offend my other kits on my shelf with this pile of JUNK my shelf would reject it !!!

I paid good money for it that is what gets me and the guy knew it was like this no morals or conscience at all .

I know what I would like to do put my Army fatigues back on and go hunting.

Stuart.

Put in a paypal claim for the entire amount including shipping.

Why let him have any amount, as he has mislead you with the auction, as its significantly not as described.

Go for everything and let paypal sort it out.

If he has done it before it will only help your case against him.

Do you use a credit card linked to your paypal account, can also try a charge back from your credit card provider as well.

Chris

Share this post


Link to post
Share on other sites

i also have issuses with this seller at the moment, Its only for a small amount but still! hope you get it sorted

Share this post


Link to post
Share on other sites

I was going to start to fill in the blanks in my collection with this kit .

I just feel gutted and ripped off .

I have to play it smart if I go for the entire amount I will only have to post it back at my expense .

But having said that if this guy has a history it will play into my favour as well.

Stuart.

Share this post


Link to post
Share on other sites

That's horrible news Stu! I cant believe the condition of that box compared to the listed one! :o Although I'm not suprised with who it's come from after Mooter's experience. It sounds like quite a few people have had issues with him. I've refused to buy from him since then.

Hate to rub salt in the wounds too mate but Jason has dropped his price to $302 USD :(

Go for all, if that was me I'd be sending it back with a repro shell and used rear tires just to get my own back (Ok I wouldn't, but the thought is nice) :)

All the best

Share this post


Link to post
Share on other sites

UNfortunately Mark, your at a sticky point really as this is the only point where the seller has any say so with paypal.

Paypal will either let CTY300 deal with it and he likely wont offer you a fix (see previosu thread about him), maybe he will offer a few $'s back but i cant see it being much!, plus he has said to me in past that some items are not his own stock, he merely sells them for other people!!, so he is basically a shop window (now you know why there are some absurdley priced kits in his shop as thats what the owners want for them!), the other option is you returning it (at you OWN cost), those are really your only 2 options with paypal because as far as they are concerned the item has been delivered to you and thats pretty much where paypal power ends! after that they lose interest.

Sorry to break the bad news but bottom line is if CTY dont wanna play ball and offer partial refund (he should although he does NOT have to) your only option is the return the whole soggy mess to him at your OWN cost and leave negative feedback.

Cheers

Myles

P.S. im a seller and a buyer and know how paypal works, unfortunately the seller having a previous "History" makes no difference at all to paypal as long as he sells and generates money for ebay and he takes paypal payments and generates more money for ebay!, they simply dont care about that im afraid.

Regards the pictures, i know its difficult to have pictures of every item you have, on kits we do have pictures of the item on sale, but for spare parts we simply cannot do this, we might have 300 of one part for example and its not practical to have a pic of every one of those and then be able to link the pictured item to the listing, its near impossible to manage.

Share this post


Link to post
Share on other sites

Just had a look to see who's account paid for it my wife paid for it using her paypal account and we used our credit card ,How do I get a charge back on it I have never done it before ?.

Stuart.

Share this post


Link to post
Share on other sites
Just had a look to see who's account paid for it my wife paid for it using her paypal account and we used our credit card ,How do I get a charge back on it I have never done it before ?.

Stuart.

Simply put you should not do a charge back as this is against paypal policy and potentially fraudulent as you have actually received goods, although not as described, although i dont think your card company protect for items that are not as described?., better to check with them first BEFORE you do something.

Share this post


Link to post
Share on other sites
UNfortunately Mark, your at a sticky point really as this is the only point where the seller has any say so with paypal.

I'm glad you're an honest seller then as I've had only good dealings with you and because of that you will get my future business. The seller spoken about here will never get my business again, no matter how much I want the item he is selling (which has happened a few times since my bad dealings with him).

Share this post


Link to post
Share on other sites

So if your at the mercy of the seller when asking for a refund ,then why does Paypal have all the options in their resolution centre like, item not as described ,item damaged is that just for looks so it appears Paypal does care and give some false sense of hope that you may be entiltled to a refund when in fact your not just because you recieved the damaged not as described item .

Why have those selections why not just have the 1 "item not recieved" ?.

I am going for half a refund of US$409.99 I have the pictures of his listing and I have the pictures I what I got I will escilate it automatically to a claim let paypal sort out the mess ,Wait and see what he does then leave him feedback accordingly.

Stuart

Share this post


Link to post
Share on other sites
I'm glad you're an honest seller then as I've had only good dealings with you and because of that you will get my future business. The seller spoken about here will never get my business again, no matter how much I want the item he is selling (which has happened a few times since my bad dealings with him).

Thanks Mark, we dot try to be as honest as possible and rectify issues when they arise (we are human so mistakes do happen, but we do try to fix them and when someones not happy with an item we generally refund them for return postage cost (although we dont have to under paypal policy) if someones nice about and an honest buyer and is known to us its no problem, but if someones threatening us with neg FB if we dont refund return postage costs (it does happen) we have to report them to ebay/paypal and let them deal with it, we recently had a negative FB comment removed as the guy threatened to leave us neg fb if we did not do that, ebay and paypal take a very dim view of this and the buyer actually got his FB removed and was removed from ebay for 5 days until he had sent all sorts of scans/faxes in of his address and ID and was issued with 2 policy violations too), bottom line if your nice/hoinest about it sellers are likely to help you, if you start threatening the seler with fb your only digging a hole for yourself with ebay. Put simply you want a refund and return costs, if the seller in qustion is honest he will offer that as its his fault and clearly he broke the "Guidelines" for selling, if on the other hand the buyer bought in error he does not pay return costs and if he claims from paypal he will actually get his initial postage costs back even theough the seller can prove delivery which is frankly ridiculous!, same goes for a buyer who does not collect his part even though you told him its at his local PO anbd you u=issued him with tracking, seller still have to refund postage costs if he FAILS to collect item, again stupid but the rules!.

So if your at the mercy of the seller when asking for a refund ,then why does Paypal have all the options in their resolution centre like, item not as described ,item damaged is that just for looks so it appears Paypal does care and give some false sense of hope that you may be entiltled to a refund when in fact your not just because you recieved the damaged not as described item .

Why have those selections why not just have the 1 "item not recieved" ?.

I am going for half a refund of US$409.99 I have the pictures of his listing and I have the pictures I what I got I will escilate it automatically to a claim let paypal sort out the mess ,Wait and see what he does then leave him feedback accordingly.

Stuart

They have those options there simply to give you the chance to return items under the "Distance selling rule" which states buyrs have rights to return items if they dont want them, getting initial postage back but NOT return costs.

Not as described- return item at your own cost for full refund of total you paid but NOT actual return costs!.

Items damaged- same as above or seller can choose to either offer partial refund or claim from post office and if successfull can offer partial refund.

Why have those options?, basically distance selling rules means they have them as described above.

I really do hope this gets sorted out as i dont like to see buyers getting "Done" (im a buyer myself for my personal collection) and as a seller it does not look good for the honest sellers does it.

Hope your not having a go at me for being a seller lol,im only trying to help you and let you know what policy dictates will happen.

OK you open the case and what happens next!.

CTY300 gets an email stating "Seller opened case against you for $.... item number ...... etc)

He gets 3 options,

1 fully refund you once items returned at YOUR cost!.

2 Make partial refund offer (he does nto have to, but in this case shuld do)

3. Escalate to paypal who will basically tell you to return it at YOUR costs.

Those are his options when you open a claim, bottom line YOU lose out on 2 options and you both lose out, or he makes partial refund offer of what he thinks is fair and you either accept or decline it, you accept he refunds you agreed amount, you decline and paypal step in and tell you to return items via TRACKED mail at YOUR cost, if you dont send it tracked mail you WONT get a refund as you cannto prove seller has received it (just like items not received cases!).

Cheers

Share this post


Link to post
Share on other sites

I opened a dispute asked for half the money back ,escilated to a claim and reported him as being a fraud and having the evidence to back it up.

If that dosent work I will claim it back on my credit card close down my ebay and paypal account and let him or paypal report me to the police ,I am not going to stand by and get kicked in the guts by some GRUB who knows what they have done is wrong.

Its both Morally and Ethically wrong on so many levels.

The kit box could fit into a shoebox its a mess apart from not being the one I purchased on ebay that in itself is Fraudulent I even asked prior to him posting it to please make sure it is packed properly as it looks to be in mint condition and It would be ashame for it to get damaged ,he had he chance back then to say umm so sorry but the kit you purchased is not the same as the one on ebay ,but no he waited until I recieved it and I had to ask him then he says quote " We get a few new in box kits once in awhile so we're not going to take pictures of every single kit which is the same"

Well hello yes I do expect it to be the one I saw and purchased in your listing .

Ebay also state that its the seller's responsability to make sure the listing is correct .I purchased this kit on that fact not the fact that that picture was taken Months/Years ago of a kit they once had .

I dun care I am like a dog with a bone I wont let it go now.

Share this post


Link to post
Share on other sites
I opened a dispute asked for half the money back ,escilated to a claim and reported him as being a fraud and having the evidence to back it up.

I really hope it works out for you mate, good luck and keep us posted?.

P.S. it was only last month that I sent CTY300 an email asking him what the difference was between hi listing for an item at a price of £575 and 3 other listings from other sellers for the same item priced at £150, £200 and £225, funnily enough he did not reply that email :)

Share this post


Link to post
Share on other sites

I just brought the one in Jason's shop at least I know that picture represents what I will actually get and it will arrive undamaged like all the other purchases I have from him .

I just worked out what it cost CTY300 to post the kit to me as its printed on the box.

I paid US$59.99 it cost him 326.00 HKD = 41.9796 USD he could have used the extra money I paid him to pack the kit better .

Share this post


Link to post
Share on other sites

I suspect the $18 extra is the for packing materials ($3) and handling charges ($15) something that US based sellers seem to charge for (no offense to any US sellers who do charge, im sure there is a reason for it, i just know UK/Euro sellrs dont generally charge for it).

Cheers

Share this post


Link to post
Share on other sites

He has refused my request for half the money back as a refund .

Funny isn't it how when everything is rosy the seller talks to you but the moment you have a problem they go Doggo (quiet) just when you think they have dissapeared off the face of the earth they reply to a paypal dispute or a negative feedback shows you they have no back bone gutless wonders .

He's reply to my paypal dispute

11/08/2010 20:16 AEST - Seller: Besides, you NEVER purchased the optional insurance as stated: which doesn't cover for lost or damaged items. We have a picture that shows that very kit in great shape. That damage was an accident from transit. It will still be damaged if you put it in a wooden box!

11/08/2010 20:12 AEST - Seller: There is not going to be a claim that big (HALF PRICE) for a damaged box from transit? It was a great condition box with a side tape removable. Return it if you want to but not 200 dollars for a box.

So its gone to paypal now to be decided by them .

Now its time for a mouthful of negative feedback ...and possibly a reply to his comeback.

Anybody have any ideas for a good negative feedback comment ?.

Ohh by the way I have a Totota Hilux for sale it was a NIB but alas the box is paper mache now all parts are there some soggy .

Stuart.

Share this post


Link to post
Share on other sites

Dont sell it as your likely going to have to retur it to get your money back, i suspect you will be better off doing that than sell it for half price and get nothing from paypal.

See what paypal suggest (read my previosu) and then send it back, leave him neg FB, enough people already know he not the best and this just furthers that point.

Cheers

Share this post


Link to post
Share on other sites
11/08/2010 20:16 AEST - Seller: Besides, you NEVER purchased the optional insurance as stated: which doesn't cover for lost or damaged items. We have a picture that shows that very kit in great shape. That damage was an accident from transit. It will still be damaged if you put it in a wooden box!

I may be wrong but i can see any optional insurance in the advert? edit just seen it :(:)

Share this post


Link to post
Share on other sites

Okay so the box is that damaged it is a ball of paper now .

And that huge US$3.00 insurance would have really done me a world of good It would only have covered him in case of the item getting damaged I would put a claim in and he being the good bloke he is would have refunded me and then claimed against the US$3.00 and everything would have been peachy since he is so honest .

So I can send it back to him in the smallest box possible (a box big enough to accomidate the body as that is the biggest part) to save on postage is that allowed ? I mean he will still get the whole thing back in one form or another .Then he has to refund me the entire US$409.99 right ?

If anybody has had problems with this individual and wants his private email addy please drop me a pm and I will happily give it to you to circumnavigate ebay letter heads.

Still after ideas for a good negative ...and possible comeback reply ??

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now