eBay

davewculp · ‎05-01-2022

I recently bought a video game, specifically a video game for the Nintendo 3DS. The description was “like new “and the picture was a stock photograph of the video game in its case.

I bid on it in the last few seconds without reading the complete description because I happened upon it at the last minute.

But what I received was a cartridge only with no case which to me is not “like new“ and does not meet what the picture shows. I am a collector, and I want the case.

However, the seller description, when you click through does say cartridge only.

The seller has a “no refund policy“ however I do know that eBay does allow refunds for misadvertised/broken products etc…

Do I have a valid reason for a return?

lamber9347 · ‎05-01-2022

@davewculp Absolutely, this was not as advertised. All photographs are part of the description so if the seller used a stock photo showing a case, then buyer would expect to receive a case. Just follow the procedures for a return. Go to your purchase history and select the item. Mark it as item not as described, which is the option you need to select. You only get one chance at opening a return case so take your time and choose this option. Seller will have to send you a return label and then all you have to do is print the return label and ship it back before the time period ends. Very simple and you will receive a full refund. Best of luck to you....

divwido · ‎05-01-2022

I don't think it's so cut and dried. The listing said no case. So you would expect a case. That would mean the listing is correct, the buyer bought what they bought and there is no valid reason for a return.

Good Moms let you lick the Beaters.

Great Moms turn them off first.

lamber9347 · ‎05-01-2022

Additionally, you purchased an item on a platform that offers a money back guarantee, so you have nothing to worry about. Don't get into any back and forth with this seller. They will have no other option than to accept the return. Just follow the prompts and you'll be fine. I'm also a collector and understand when you are expecting an item to look like the photo shows, it can be very distressing when it doesn't. You will find this with a case and another seller....

lamber9347 · ‎05-01-2022

I disagree as the photos showed the item with a case. Photos are part of the description, so it is a valid reason for a return....

powell-memorabilia · ‎05-01-2022

@lamber9347 wrote:
I disagree as the photos showed the item with a case. Photos are part of the description, so it is a valid reason for a return....

absolutely - photos should represent the item being sold. I get it - easy to stumble upon an auction with just a few seconds remaining, and not catch a qualifier in the description.

mr_lincoln · ‎05-01-2022

@davewculp I agree with @lamber9347 100% on this situation you have ... File an Item not as Described claim, the Seller will have to furnish a pre paid return label regardless of their No returns policy, they SHOULD have stated No Case in the title and it was NOT new despite what they stated. They SHOULD have used their own pictures of what it was they were Selling. Use the Report this item link on that item in your purchase history as it is misleading.

If they do not accept the return you can ask eBay to step in and wind up keeping the item and getting a full refund plus the Seller will get an Unresolved issue defect on their account.

Sadly, eBay does not police this type of thing so other members wind up having to ...

Regards,

Mr. L

Best regards,
Mr. Lincoln - Community Mentor

ittybitnot · ‎05-01-2022

I bid on it in the last few seconds without reading the complete description..

@davewculp

That should answer your own question. You probably could ask the seller to return it on your own dime.

With reference to pictures, be advised that if the item in the specifics had a manufacturer's number or was in the infamous (usually incorrect) eBay catalog, eBay may have very well inserted that photo on their own as well as additional product information.

Your other option as suggested is to file a claim for "doesn't match the description" (even when it does).

mr_lincoln · ‎05-01-2022

@ittybitnot wrote:
I bid on it in the last few seconds without reading the complete description..

@davewculp

That should answer your own question. You probably could ask the seller to return it on your own dime.

With reference to pictures, be advised that if the item in the specifics had a manufacturer's number or was in the infamous (usually incorrect) eBay catalog, eBay may have very well inserted that photo on their own as well as additional product information.

Your other option as suggested is to file a claim for "doesn't match the description" (even when it does).

@ittybitnot When a listing is created the item happens to be in eBay's Catalog then at the top of the listing form is an area with the Cat pic and a check box where the Seller can Un check the box so the Catalog info does not automatically populate the listing form ... if the Seller did this then saved it as a Draft then worked on the Draft again before listing it that box will often be checked again, I have had this happen, reported it but to my knowledge eBay never corrected that. So there is a lot we do not know about what the Seller did or didn't do ... what we do know is that the picture was not right, the title was not right and if they Used the "New" setting then Conditions weren't right because they did not exist and should have.

Mr. L

Best regards,
Mr. Lincoln - Community Mentor

dolcetreasures · ‎05-01-2022

The fairest compromise would be to return it on your own expense. I’m sure you can afford the several dollars it would cost. I agree you should be able to return it. I don’t agree it’s “Not As Described”. There’s a degree of personal responsibility that you ignored in this case.

dolcetreasures · ‎05-01-2022

Using this logic some of the biggest sellers on eBay, Dyson for example is selling all sorts of refurbished items that are not as described because it shows photos of the new item that you receive in an unmarked, nondescript cardboard box?

What about about all the other photos that display items not included in the sale. Does the car come with the grill? Does the kitchen table come with the plates they are photographed on? That’s when description comes into play.

lamber9347 · ‎05-01-2022

I realize you are just trying to be argumentative with such a reply, but you need to consider the item. Games are collectibles and the cases for the games are a part of the deal. There is artwork on the cases, not on the CD's, that makes them a part of the collectible. Collector's use the case for displaying. So, in this case it does make a difference to show a photograph of a game with a case, yet the case isn't included. At a minimum it's deceptive, whether intentional or not.

Think of it as showing a photo of a hardback book with the dust cover intact, then sending one without. Online sales are also reliant on a visual photograph as the buyer cannot touch, pick up, or try on the item. Photographs are just as important, and it isn't acceptable to use a photograph of an item with pieces not included.

It is also breaking policy on eBay to use a catalog or stock photo if you’re listing a used item. OP wrote-- The description was “like new “and the picture was a stock photograph of the video game in its case.

BTW, if I saw a photograph of a car for sale, yes, I would expect the car to come with the grille, and all four tires, just as in the photo being used....

divwido · ‎05-01-2022

I wouldn't want to be the person treading between 'but you showed a case' and 'you stated there was no case included'. That could go either way and the fact remains, had the OP not been rushing to win, they might have seen that it was not included. So they how does a missing part that isn't missing warrant a return?

Good Moms let you lick the Beaters.

Great Moms turn them off first.

lamber9347 · ‎05-01-2022

The good thing is none of us are the buyer or the seller in this case. We are simply giving our advice....

I am a doll seller, collector. I used to sell my doll clothing displayed on a doll, with a purse and shoes. My description stated only the dress was included, but my photos showed a doll wearing everything. Within a short time, I received my first refund request because the buyer expected to receive the doll with the shoes as well as the dress- as that is what I had in my photos. I learned quickly to only show in my photos what the buyer is actually receiving and changed my method of displaying my doll dresses. Not had an issue in the years since then and I sell a doll outfit at least twice a day....