Can I Return and Get My Money Back?

[kylebuyer2008]

I purchased a wireless mouse and keyboard for an apple Mac system. There are a lot of items listed as 'for parts not working' and I always use the ebay search filter to remove those faulty items from my Search.

I purchased a Mouse and Keyboard together for £40 which was a fair price, it was listed as 'used' on a buy it now. 

I bought it straight away and it turns out only the Mouse works, the keyboard is faulty, I messaged the seller and he told me 'the description was clear' and it turns out he did describe the keyboard as faulty! I can't believe I overlooked that. Usually I don't but I trusted the initial part of the description where it says 'used' as meaning everything works.

What are my options because £40 is a lot of money for only 1 functional mouse. 

Under UK long distance selling regulations, is it not in my right to turn the item within 14 days for a refund? 

Does ebay cover me in this at all? I just don't feel like it was completely clear to have the condition as used instead of not working, thats what I relied on.

[67bird67]

I’m in the U.S., but am aware of some of your somewhat liberal laws regarding this issue.  My understanding is yes you may return.

BUT....do you really think that to be fair?  

By your own admission the listing was clear, no attempt to mislead; you simply didn’t pay attention...hey, we all do it, it happens.

However why should the seller suffer for YOUR mistake, “man up” as we say in the States, accept and learn from your mistake take the hit!  Don’t pass it back to someone else.

[candd205 · Accepted solution]

The seller was wrong to list a broken item as used. He should have listed it as for parts only, not used, no matter what he put in the description. You should go to the Resolution Center and file a return for not as described. The seller will have to pay for mailing to return the items back to him. If he doesn't want you to return them, he may opt to give you a partial refund. Then it is up to you if you want a partial refund, or if you want to send both items back to the seller to get a full refund. Don't keep arguing with the seller, just file the return as described above.

[orangehound]

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@candd205 wrote:

The seller was wrong to list a broken item as used. He should have listed it as for parts only, not used, no matter what he put in the description.

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^^

This is correct.  The "used" eBay condition description is paramount ... a seller cannot describe something as "used" (which means it still works) and then somewhere in the listing also claim it is broken.   That's confusing.

[ed8108]

You received an item, exactly as described in the seller's listing, a faulty keyboard.

I guess faulty means that it doesn't work perfectly.

Can it be repaired at a low cost?

[orangehound]

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@ed8108 wrote:

You received an item, exactly as described in the seller's listing, a faulty keyboard

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No.  The seller's condition description said that it worked.   Specifically, the seller stated the item is in 'used' condition, which is defined as, "The item may have some signs of cosmetic wear, but it is fully operational and functions as intended."

A seller can't state that, and then somewhere else in the description state that it is broken.  Thus, the buyer can legitimately claim SNAD and invoke the Money Back Guarantee.

[kylebuyer2008]

Thanks for the feedback. I see this has created divided opinions. 

I agree I made a mistake not checking the item description. But I think the seller also made a mistake to list a broken item in 'used' condition instead of 'for parts or not working' condition.

Heres an example:

You list an item that doesn't work as.. well, 'item for parts or not working' and you use the description of the item to describe what doesn't work.

Thats how I thought it should be. What is the point of having item condition and a description box if they are meant to contradict each other? Why is it there if im not suppose to use it to filter out broken items? It makes no sense otherwise. You might as well have a system where you dont use item condition, and only by description do you state what the condition of it is.

[kylebuyer2008]

So, what's the best way to approach the return request in the resolution centre?

Do I create this claim on the ground that it 'doesn't match description or photos' or do I go about it on the grounds that the item 'doesn't work or is defective' ?

[kylebuyer2008]

Yeah okay, but you can flip it and argue; "I'm the one that stands to lose more than three times the cost of returning it. Why should I suffer at the mistake of the seller to list an item in the wrong condition?" 

Ebay guidelines make it clear to be accurate about item condition.

If it is listed as used, it must be fully functioning and working as intended. It cannot be otherwise.

Let me give you an example:

You like blu rays or video games. You buy one that was listed as "New" condition  which  means "It's in the original condition from the manufacturer, distributor or retailer."

but in the description box, the seller says "I opened it and played it once"

well, it wouldn't fit the brand new condition from the original distributor anymore, would it?  It should have been listed as "New (Other)". 

We should usually read the item description, to give us enhanced details about the items description... within reason!  it can't be used to completely deviate from the item condition. Thats bulls**t.

No use or point having a system of Item Condition if it doesn't dictate anything or can be completely undermined.

[orangehound]

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@kylebuyer2008 wrote:

So, what's the best way to approach the return request in the resolution centre?

Do I create this claim on the ground that it 'doesn't match description or photos' or do I go about it on the grounds that the item 'doesn't work or is defective' ?

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Either is fine.  I would probably use "doesn't work or defective", and then in the description put something like,

Seller listed the condition as 'Used - The item may have some signs of cosmetic wear, but it is fully operational and functions as intended.', but the item received is broken and doesn't operate.