Purchased item with inaccurate description - Seller refusing to cancel.

[xxxgingerxxx]

Hello, I need some feedback on this...

I placed a bid on a necklace set which usually has 3 necklaces in the set.  This set only had two of the three.  The listing only showed 2 necklaces but didn't say anything about missing the third or it being an incomplete set.  I bid on it when there were 2 hours left and went to bed.  In the morning it showed that I won the auction and it was then that I realized the set was incomplete.  The seller won't cancel the sale and is acting extremely immature over the entire situation.  Do I bite the bullet and pay for it or can I fight it?  Any feedback would be appreciated.  THanks.

[iamalwaysright]

Can we see the listing itself to determine if the listing is as described, or is that against the board policy?

[xxxgingerxxx]

I can't even pull it up anymore...let me try.

https://www.ebay.com/itm/235402255331

[xxxgingerxxx]

Here's how the conversation went:

Me:  Is this a partial and does it come with the box

Her: It does come in a box

Me:  Was there originally more than 2 necklaces?

Her: It was a 3 necklace set but not selling the 3rd only the two pictured.

Her: Why would you buy it and then ask, it clearly shows two Necklaces in the picture

Me: I would like to have this resolved your add is misleading

Her: I don’t Know how you come up with misleading! It seems like u just changed your mind and want to back out of a purchase u made. So no I will not cancel.

Me: I've been selling and buying on ebay for over 10 years. I have NEVER had any issues buying or selling for that matter anything in all of that time. I see you are somewhat new to the game based on the amount of sales that you have. My feedback is at 100% in over 10 years of doing business here. It's like this for a reason. I am fair, honest, and try to work with people when they reach out to me.

Your listing is misleading. You did not specify that this was a three piece set and you were only selling a part of the set. How is one to know that this "Lux Layers" set is incomplete? You didn't even give a friendly clue about this partial set by saying "Only what's pictured -- this is only for two necklaces"

When someone buys a luxe layers set, they are assuming they are getting the FULL SET, not a partial. By not stating this anywhere, its misleading and wrong.

I will ask you for a second time to kindly cancel this order.
thanks

Her: U could have asked these questions before purchasing. It’s not my fault that u purchased what’s pictured.

I need feedback.  Am I in the wrong?

[kenneth686321]

Yes sorry to say that unfortunately you are in the wrong. 

1. The listing showed 2 necklaces you will receive 2 necklaces 

2. You assumed that there are 3 necklaces. NEVER assume. 

3. If you search on Ebay "Luxe Layer Necklace, Ebay will show results with 2 OR 3 necklaces in the listings. Same with google search. If you wanted 3 necklaces you should have bought from a listing with 3 necklaces in the pic. 

Pay for your order and do your due diligence before placing a bid next time. Seller did nothing wrong. 

If it were me I would have given a refund to a buyer but a seller is not obligated to refund. 

[legalbeagle52]

Hi @xxxgingerxxx 

Sorry to say, but I do think you are wrong.  There are only 2 necklaces shown, so you can't assume there are 3.   I think @kenneth686321  gave you excellent advice.  It's just what I was going to say as well.  NEVER ASSUME. 

I wear a lot of layered necklaces, but I'm not familiar with that brand, but if I see only 2 necklaces shown,  then that's what I would expect to receive. When I looked at the other similar listings, many only showed 2 necklaces. (It appears that a lot of the sellers also want to keep the 3rd one.)  

Sellers break up sets all the time.  I sell books and I will often sell only 2 of 3 books of a trilogy.  I tend to go overboard in my listings with details, but this was a simple listing only showing 2 necklaces. The seller was not misleading in any way.  If you knew there were 3 necklaces in the set and you didn't see 3, then yes, you could have asked before you bid.

Sellers aren't obligated to accept cancellations.

Now whether they should is a topic for a different thread.

[mam98031]

While I do think the seller could have been a bit mor professional in their communication with you, I do not see where their listing was misleading or even hinted at there were 3 necklaces.  I think you just made an honest mistake.

Instead of attacking the seller, let them know you made an honest error and would like to cancel the transaction.  And hopefully the seller will allow this.

"When someone buys a luxe layers set, they are assuming they are getting the FULL SET, not a partial. By not stating this anywhere, its misleading and wrong."  It would be different if the seller had all three necklaces in the pic, but they didn't.  You assumed something and it just wasn't correct for this particular listing.

I wish you well and I hope you can find it in your heart to back up just a bit and get the seller willing to work with you and just cancel the transaction.

[albertabrightalberta]

@xxxgingerxxx 

The time to ask questions is before bidding or buying an item. 

In this case, you saw a listing showing 2 items and you bid and won the auction, presumably after seeing the picture that showed 2 items! 

My opinion is that if the seller send the 2 items as shown, you're getting exactly what was listed. There's nothing in the listing, the picture or the description implying that you'd be getting a third necklace. 

You goofed on this one and if the seller doesn't want to cancel, she's within her rights.

ETA: You're a seller too! Just resell it yourself! 

[mam98031]

For what it is worth.  I did find the full set on Ebay and it seems to be selling for more than twice what you paid for the two necklaces.

[albertabrightalberta]

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@xxxgingerxxx wrote:

I placed a bid on a necklace set which usually has 3 necklaces in the set.  

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Actually, you didn't bid on a "set." The title, the item specifics nor the description mention "set" at all. 

In fact, your own listing that includes 3 necklaces is the only listing I saw that used "set" to describe it. Perhaps because the others are honestly not claiming to have "sets."

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@xxxgingerxxx wrote:

The seller won't cancel the sale and is acting extremely immature over the entire situation.  Do I bite the bullet and pay for it or can I fight it? 

---

I disagree that the seller is the one being immature. There's nothing forcing her to accept a cancellation request for YOUR error. What is there to fight? 

[xxxgingerxxx]

Thank you for your feedback!!! 

[xxxgingerxxx]

Thanks so much!

[xxxgingerxxx]

Thanks your feedback is important to me.

[xxxgingerxxx]

thanks I appreciate your honesty. 

[xxxgingerxxx]

Thank you for your feedback!