Part missing - but don't want to return the item - how to solve?

[hayabusa567]

Hi  - I bought a used Guitar Amplifier off E-bay, which was listed as having a footswitch pedal to control it.  It was shown in the photos and mentioned in the description.

Unfortunately when it arrived, the foot-pedal was missing.   I contacted the seller who apologised and said he would post me the pedal. Two weeks later it has not arrived.  The seller says it was posted and is following up with the post office. He says when he gets his money back from the PO he will send me another unit he has. 

I am wondering whether I need to raise this as a case in the resolution centre? The seller has form on this and his feedback from 2 years ago showed another buyer who did not receive a footpedal with his purchase. 

I would like to ensure that either he sends a replacement for the missing part, or offers a partial refund. I do not want to return the amplifier, as it is a good unit, and I have already made some alterations to it to suit my needs. I just want the missing foot pedal! How do I procede?

[glasser]

Did he send you a tracking number for the replacement part?

If he didn't the he should. You could ask him to send another and you'll return if the both arrive.  There is no reason you have to wait till he gets his item back from the PO (if in fact he ever mailed it). Keep on eye on the clock you only have I think 30 days to file a claim. You could do an item not as described and he'd be forced to give you a refund. whether he offers returns or not.

That might be able to be converted to a partial refund.

[titipeo]

You will need to submit a ITEM NOT AS DESCRIBED claim, explain all the particulars. eBay will request goods to be returned and you will get your money back. Bot sure if a partial refund could occur, seeing this incident has occurred in the past for the seller. 

[mtgraves7984]

How do I procede?

@hayabusa567 

You quit making alterations on it.

It sounds as if the seller has no foot pedal to send and is slow-walking you until it's too late for a refund. But, it also sounds like you're happy with the amp. It's up to you to decide if it's worth investing in a foot pedal, or if the sum total of both parts is worth the investment.

^^^ This, of course, is your 'worst case' scenario. At best, your foot pedal will arrive today. Fingers crossed...

[releasethekraken_1]

---

@hayabusa567 wrote:

I would like to ensure that either he sends a replacement for the missing part, or offers a partial refund. I do not want to return the amplifier, as it is a good unit, and I have already made some alterations to it to suit my needs. I just want the missing foot pedal! How do I procede?

---

Here on the USA site, where you posted your question, that's not possible. A seller cannot be forced into providing missing parts or into providing a partial refund. If you request it, it's still their choice. The only thing you can force is a full refund if you return everything, but (again under USA rules) you can't do that either, because you altered the item.

At this point, you're at the mercy of the seller. You could open a "not as described" complaint to see if that shakes something loose, but there's no guarantee.

[hayabusa567]

Thanks for the replies.....Unfortunately E-Bay doesn't seem to deal with this sort of issue very well. If I need to open a case through the resolution centre I will have to do it today or tomorrow to meet the 30 days limit.

But I really don't want to send the amp back (especially as I have spend time modifying it).... If I open a case my fear is that I will get a full refund - but then be forced to return the amp!

I

[jonathankirkland]

---

@hayabusa567 wrote:

Thanks for the replies.....Unfortunately E-Bay doesn't seem to deal with this sort of issue very well. If I need to open a case through the resolution centre I will have to do it today or tomorrow to meet the 30 days limit.

But I really don't want to send the amp back (especially as I have spend time modifying it).... If I open a case my fear is that I will get a full refund - but then be forced to return the amp!

I

---

If you admitted to your seller in messages that you've modified then you may very well have voided your money back guarantee already, if the seller is savvy enough to point that out when you open a case.

You should never have modified it or believed the seller would send the missing part.

The correct thing to do in cases like this, in my opinion is open a not as described case and return it or accept that it had the foot pedal missing and keep it. There's really no in between.

There are partial refunds but sellers often feel they are being scammed or cheated if a buyer proposes that idea first. Sometimes if I receive an incomplete item I will simply write to the seller and ask what they'd like to do and often times I am offered a partial refund, their idea, and that is much better.

So you now have a decision to make, keep your altered item and hope the foot pedal arrives (it probably won't), or open a not as described case and return it.

[frgre3717]

You altered it, you can't return it

[7606dennis]

Alas!  By making any alterations to the unit you have voided your protection under the MBG.  In the future, if an item arrives that is not as described, I advise you to open a return request using the appropriate NAD reason before attempting any alterations.  Of course, this would require you to return the item at the seller's expense if they so chose.

[lady_madonna]

@hayabusa567 

Since you:

a) Refuse to file the Return Request

b) Modified the item

your only recourse is to purchase a new foot pedal.

[hayabusa567]

Some helpful replies here (and some not so helpful!).......

I contacted the seller today and said that as we are now approaching the 30 day cut-of,  I regertfully would have to open a case against him TODAY unless he could provide me with some proof that he was in the process of solving this problem!

Much to my surprise, he replied saying that the original pedal had got lost in the post and that he had received a refund from the post office. (I'm not sure that I believe this....)

He said that by chance he had a spare unit (!) that he would send to me and would post it today (next day delivery)

Later he sent me a tracking number whcih checks out OK - so unless he has sent me an empty box (just to shut me up!) - then I am hopeful that this is now resolved!

[simba6]

Since you made changes to it, you own it and it can't be returned.  Next time,  return it right away if it's not as described.

[monster-deals]

---

@hayabusa567 wrote:

I do not want to return the amplifier, as it is a good unit, and I have already made some alterations to it to suit my needs. 

---

You can't return it if you modified it. I mean ebay won't stop you but you could get reported and can lose some of your refund if the seller withholds it.

If it is good enough to keep, it is good enough to keep.

[hayabusa567 · Accepted solution]

I messaged the seller, telling him that unless he could provide proof that he was taking steps to solve this issue, I would regretfully have to open an "Item not as described" case against him.......

I am pleased to say that he posted the missing foot-pedal the same day and I received it on Saturday!

Thanks for all the help and advice!

[masim5393]

---

@hayabusa567 wrote:

I messaged the seller, telling him that unless he could provide proof that he was taking steps to solve this issue, I would regretfully have to open an "Item not as described" case against him.......

I am pleased to say that he posted the missing foot-pedal the same day and I received it on Saturday!

Thanks for all the help and advice!

---

You got lucky, since under ebay policy you couldn't return it because you had modified it.