Undocumented fungus in Lens. I filed a SNAD and Ebay closed the case against me. What to do?

[fstoper8]

I bought a camera lens from an Ebay seller recently. Here is the description:

“Canon 24-85mm lens for digital SLR camera. In a very good condition, no scratches or dust. Selling with 3- 67mm filters for this lens UV, polarizing and warming filter as well as dedicated hood. Please refer to the pictures.”

The pictures shown for the lens appear very good condition. The seller was responsive and the lens came a week later (I am in Canada and the seller in the states). The lens looks cosmetically good. Though looking closely I found fungus inside the lens. Fungus is serious issue that would impact clarity and ruin image quality. Please see the attached picture. It's a bit challenging to take the picture as the fungus are in early stage formation in cluster of spider web shape and on a inner piece of glass. I can only take the picture by placing a flashlight at the rear side.

"Like new" lens shouldn't have fungus!! This issue was not mentioned in the item description and the seller should have mentioned that. I immediately filed a SNAD (item not as described) case. The seller was responsive and accepted to refund me. But didn't provide the return label for the next few days. I asked Ebay to step in and the laby received my call was nice and asked me to contact the seller to provide the return label. I followed the advice and politely ask the seller to confirm his/her address. I would go to my post office to provide an estimate of shipping cost.

Then I received messages from Ebay and said the case was closed.

"

This case is now closed

We're sorry that you had a problem with your purchase. However, the seller described the item accurately and buyers can only get a refund if there's something wrong with the item.

After reviewing all the details of this case, we determined that you won't receive a refund

I thought nowadays Ebay has execellent buyer's protection, which doesn't seem to be the case. I will definitely appeal the case. Though I wonder what I should do? Do I need to go to a professional camera shop to assess it?

BTW:

My old ebay account back in 2002 was deleted due to inactivity a few years ago. So I created this new account. Perhaps Ebay or the seller considers me a scammer?

Any advice would be appreciated.

[katiecamelfoot]

Did you back the paypal payment with your credit card? You can file a chargeback if so

[fstoper8]

Thanks for your reply. Yes. I paid through Paypal. I would definitely consider that.

[tarpedge]

On a defective or not as described credit card chargeback, you only have to show that you tried to return the merchandise, which you did at eBay.

Even then, the merchant is responsible to retrieve the merchandise at the merchant's expense.

[fstoper8]

Thanks for your help. I may need to get myself familiar with the process.

This lens is hard to source locally. That's why I gave Ebay one more try. Sigh.

[tarpedge]

Keep it simple. Don't tire out the credit card issuer.

The item is described as new: The eBay listing.

The item is defective: Show the fungus.

Already tried to return: eBay case decision.

Please charge back.

Point out that for defective or not as described merchandise, the merchant's return policy does not apply.

[fstoper8]

Again, thanks for your advice, very valuable.

So it seems the consensus here is that there's no benifit to keep fighting ebay in the case, as it looks that they bought into the seller's story?

[toc460]

I hate to tell you but eBay’s description was 100% accrued.

By looking on your picture a fungus is in early stage (probably about 24 hours old). You said that it took a week to get the package from seller (I’m assuming you received on Sep 15) …so he could not see the fungus on your lances, and he didn’t do anything wrong. Although, he offered you to return the item, but you didn’t want to follow his return policy …that’s why eBay’s decision was correct.

eBay's RETURN POLICY

http://pages.ebay.com/help/sell/return-policy.html

"If you accept returns, a buyer can return an item for any reason, even if they change their mind about a purchase. This is true as long as the return meets your return requirements…”

The best way to avoid dust and lens fungus is to keep your camera and lenses cleaned and in airtight containers with bags of silica gel, which absorbs moisture.

[#9]

"If you accept returns, a buyer can return an item for any reason, even if they change their mind about a purchase. This is true as long as the return meets your return requirements…”

[fstoper8]

Thanks for your input.

I am not sure I follow you though. The fungus are there the moment I received it. If you hint that the fungus may develop during the week shipping, I have no idea if that is the case or not. I doubt it though. Both front side and rear side glasses, along with the three filters are totally free of fungus.

I did a bit googling around and got familiar with the issue buying lenses from ebay. Experienced lens sellers would explicitly mention there is no dust, fungus if that is the case. In my case, the fungus was not mentioned at all. That's very convenient I would say. Perhaps I should have asked about that before I made the bid.

[katiecamelfoot]

@toc460 wrote:

I hate to tell you but eBay’s description was 100% accrued.

By looking on your picture a fungus is in early stage (probably about 24 hours old). You said that it took a week to get the package from seller (I’m assuming you received on Sep 15) …so he could not see the fungus on your lances, and he didn’t do anything wrong. Although, he offered you to return the item, but you didn’t want to follow his return policy …that’s why eBay’s decision was correct.

eBay's RETURN POLICY http://pages.ebay.com/help/sell/return-policy.html

"If you accept returns, a buyer can return an item for any reason, even if they change their mind about a purchase. This is true as long as the return meets your return requirements…”

The best way to avoid dust and lens fungus is to keep your camera and lenses cleaned and in airtight containers with bags of silica gel, which absorbs moisture.

If the lens developed fungus in shipping the seller is still supposed to be on the hook for the refund since it arrived in a condition othter than that which was stated in the listing.

Look in to the rules for the money back guarentee

[toc460]

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@fstoper8 wrote:

Thanks for your input.

I am not sure I follow you though. The fungus are there the moment I received it. If you hint that the fungus may develop during the week shipping, I have no idea if that is the case or not. I doubt it though. Both front side and rear side glasses, along with the three filters are totally free of fungus.

I did a bit googling around and got familiar with the issue buying lenses from ebay. Experienced lens sellers would explicitly mention there is no dust, fungus if that is the case. In my case, the fungus was not mentioned at all. That's very convenient I would say. Perhaps I should have asked about that before I made the bid.

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Please don’t get me wrong …I’m not against you or against eBay’s decision – I don’t take sides.

These are your words “….the fungus are in early stage formation…” and it takes only 24-48 hours to fungus to fully develop. If I were you I’ve had accepted sellers return!

[katiecamelfoot]

toc460 wrote:

@fstoper8 wrote:

Thanks for your input.

I am not sure I follow you though. The fungus are there the moment I received it. If you hint that the fungus may develop during the week shipping, I have no idea if that is the case or not. I doubt it though. Both front side and rear side glasses, along with the three filters are totally free of fungus.

I did a bit googling around and got familiar with the issue buying lenses from ebay. Experienced lens sellers would explicitly mention there is no dust, fungus if that is the case. In my case, the fungus was not mentioned at all. That's very convenient I would say. Perhaps I should have asked about that before I made the bid.

Please don’t get me wrong …I’m not against you or against eBay’s decision – I don’t take sides.

These are your words “….the fungus are in early stage formation…” and it takes only 24-48 hours to fungus to fully develop. If I were you I’ve had accepted sellers return!

What are you talking about? The BUYER lost the return case and needs to file a credit card charge back.

Nothing else matters.

[fstoper8]

No problem. You can have your opinion, which is welcome in my thread.

Fungus for lens is not so common an issue here in Canada  than our neighbor in the south.  I shoulda been more careful though.

I didn't want to pay the return shipping out of my pocket, which is supposed to be provided by the seller according to the SNAD process.  That is also the advice I saw according to this forum. I thought I was protected by the Ebay's money back policy. Oh well.

[fstoper8]

Really appreciate your kind and valuable advice. Thanks, again.

[katiecamelfoot · Accepted solution]

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@fstoper8 wrote:

No problem. You can have your opinion, which is welcome in my thread.

Fungus for lens is not so common an issue here in Canada  than our neighbor in the south.  I shoulda been more careful though.

I didn't want to pay the return shipping out of my pocket, which is supposed to be provided by the seller according to the SNAD process.  That is also the advice I saw according to this forum. I thought I was protected by the Ebay's money back policy. Oh well.

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You should have been covered. If you havent already filed with your credit card or paypal, you can call and try to open an appeal