What rights are there when an item BOTH arrived late AND doesn't match the seller's description?

[listerandthecat]

Hi,

I recently had an odd encounter with eBays resolution centre.

I had ordered a 15Watt LED remote controlled light bulb which arrived 2 weeks late but, a few days before the arrival, I had opened up a 'Item has not arrived' request from the seller. When the item arrived it did not match the description - it was a 3Watt bulb, not the 15Watt that I ordered.

I contacted the seller to let them know that the item had arrived but that it did not match the description, the seller offered a discount of half the price so that he wouldn't lose money he said. I pointed out that I did not want a 3Watt bulb, that infact I already owned three 3Watt bulbs & I wanted to get a brighter one as they are dimmable [btw, his offer of a half price discount still made it more expensive than buying a 3Watt LED remote controlled light bulb!].

The seller went to eBay to fight the refund request & won based on the fact that I admitted receiving the item - technically, I agree with that as I did receive the item eventually.

Here is where it became odd...

I then opened a SECOND request for refund/replacement with pictures showing that I own a number of 3Watt bulbs & also two different models of AC meters that measure power consumption as proof that I do not want another 3Watt bulb...

... this request had DISAPPEARED!! And I CAN NOT open another one!!

I then sent an appeal on the first case ['item did not arrive'] to explain the situation - that of which:

1. Item arrived late - judgment in sellers favour;

2. item doesn't match the seller's description - request disappearing & unable to make another request.

The appeal was rejected based on that I had recieved the item - which I admit to - but the item does not match the description [easily checked by my 2 AC power meters] so I'm stuck with yet another 3Watt light bulb that is described as 15Watts by the seller.

What are my rights when the item is late & is also the wrong item?

Thank you for any help,

Mark L.

P.S.

I will attach the pictures that I sent the seller.

[nky-photos]

As a general rule I accept returns for any reason including no-reason. It is just good policy.

[ed8108]

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@listerandthecat wrote:

Hi,

I recently had an odd encounter with eBays resolution centre.

I had ordered a 15Watt LED remote controlled light bulb which arrived 2 weeks late but, a few days before the arrival, I had opened up a 'Item has not arrived' request from the seller. When the item arrived it did not match the description - it was a 3Watt bulb, not the 15Watt that I ordered.

The seller went to eBay to fight the refund request & won based on the fact that I admitted receiving the item - technically, I agree with that as I did receive the item eventually.

Here is where it became odd...

I then opened a SECOND request for refund/replacement with pictures showing that I own a number of 3Watt bulbs & also two different models of AC meters that measure power consumption as proof that I do not want another 3Watt bulb...

The appeal was rejected based on that I had recieved the item - which I admit to - but the item does not match the description [easily checked by my 2 AC power meters] so I'm stuck with yet another 3Watt light bulb that is described as 15Watts by the seller.

What are my rights when the item is late & is also the wrong item?

Thank you for any help,

Have the matter brought for Arbitration ?

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[missjen831]

You handled this wrong. Its not a matter of "your rights". Its a matter of using buyer protection correctly. When the item arrived, it was NO LONGER an 'it not received' issued, therefore you needed to close the INR and then open a return request for an item that "does not match the listing" or the pictures. If it has been less than 30 days since you received the item, you can STILL go to the resolution center and open a return request. You can't open an INR & then expect to have it treated as an SNAD; doesn't work that way. You have to open the correct case in order to get the correct outcome. If you open an INR and the item arrives before the INR closes, you have to close the INR and open a return request.

[missjen831]

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@ed8108 wrote:

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@listerandthecat wrote:

Hi,

I recently had an odd encounter with eBays resolution centre.

I had ordered a 15Watt LED remote controlled light bulb which arrived 2 weeks late but, a few days before the arrival, I had opened up a 'Item has not arrived' request from the seller. When the item arrived it did not match the description - it was a 3Watt bulb, not the 15Watt that I ordered.

The seller went to eBay to fight the refund request & won based on the fact that I admitted receiving the item - technically, I agree with that as I did receive the item eventually.

Here is where it became odd...

I then opened a SECOND request for refund/replacement with pictures showing that I own a number of 3Watt bulbs & also two different models of AC meters that measure power consumption as proof that I do not want another 3Watt bulb...

The appeal was rejected based on that I had recieved the item - which I admit to - but the item does not match the description [easily checked by my 2 AC power meters] so I'm stuck with yet another 3Watt light bulb that is described as 15Watts by the seller.

What are my rights when the item is late & is also the wrong item?

Thank you for any help,

Have the matter brought for Arbitration ?

---

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Why don't you speak some time reading the boards so that you can give proper advice? arbitration is not necessary here.

[garmentvarmint2004 · Accepted solution]

LISTER...

I have  seen  this happpen  to other buyers in  the past.  But they simply went to  their first Dispute---and  were  able to change that to  a  different  Dispute---called Snad.( Item not  as  Described. )  But maybe  that  was a matter of  TIMING. They  MAY HAVE made  that  change AS SOON as   the item  did show up?

[missjen831]

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@garmentvarmint2004 wrote:

LISTER...

I have  seen  this happpen  to other buyers in  the past.  But they simply went to  their first Dispute---and  were  able to change that to  a  different  Dispute---called Snad.( Item not  as  Described. )  But maybe  that  was a matter of  TIMING. They  MAY HAVE made  that  change AS SOON as   the item  did show up?

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As I said above. You have to close the INR and Open an SNAD. OP didn't know to do that. Its not a matter of TIMING. You have to close the INR and open an SNAD. 

[ed8108]

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@missjen831 wrote:

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@ed8108 wrote:

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@listerandthecat wrote:

Hi,

I recently had an odd encounter with eBays resolution centre.

I had ordered a 15Watt LED remote controlled light bulb which arrived 2 weeks late but, a few days before the arrival, I had opened up a 'Item has not arrived' request from the seller. When the item arrived it did not match the description - it was a 3Watt bulb, not the 15Watt that I ordered.

The seller went to eBay to fight the refund request & won based on the fact that I admitted receiving the item - technically, I agree with that as I did receive the item eventually.

Here is where it became odd...

I then opened a SECOND request for refund/replacement with pictures showing that I own a number of 3Watt bulbs & also two different models of AC meters that measure power consumption as proof that I do not want another 3Watt bulb...

The appeal was rejected based on that I had recieved the item - which I admit to - but the item does not match the description [easily checked by my 2 AC power meters] so I'm stuck with yet another 3Watt light bulb that is described as 15Watts by the seller.

What are my rights when the item is late & is also the wrong item?

Thank you for any help,

Have the matter brought for Arbitration ?

---

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Why don't you speak some time reading the boards so that you can give proper advice? arbitration is not necessary here.

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Your respectful and polite reply has been noted. 

Since the op's formal appeal has been denied, please direct the op where to now file a motion for reconsideration? 

Would that appellate review be in house before a panel ?

What are the chances of success?

[missjen831]

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@ed8108 wrote:

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@missjen831 wrote:

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@ed8108 wrote:

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@listerandthecat wrote:

Hi,

I recently had an odd encounter with eBays resolution centre.

I had ordered a 15Watt LED remote controlled light bulb which arrived 2 weeks late but, a few days before the arrival, I had opened up a 'Item has not arrived' request from the seller. When the item arrived it did not match the description - it was a 3Watt bulb, not the 15Watt that I ordered.

The seller went to eBay to fight the refund request & won based on the fact that I admitted receiving the item - technically, I agree with that as I did receive the item eventually.

Here is where it became odd...

I then opened a SECOND request for refund/replacement with pictures showing that I own a number of 3Watt bulbs & also two different models of AC meters that measure power consumption as proof that I do not want another 3Watt bulb...

The appeal was rejected based on that I had recieved the item - which I admit to - but the item does not match the description [easily checked by my 2 AC power meters] so I'm stuck with yet another 3Watt light bulb that is described as 15Watts by the seller.

What are my rights when the item is late & is also the wrong item?

Thank you for any help,

Have the matter brought for Arbitration ?

---

---

Why don't you speak some time reading the boards so that you can give proper advice? arbitration is not necessary here.

---

Your respectful and polite reply has been noted. 

Since the op's formal appeal has been denied, please direct the op where to now file a motion for reconsideration? 

Would that appellate review be in house before a panel ?

What are the chances of success?

---

@ed8108 He filed an INR and lost because he received the item. He filed an Appeal and lost because again, he received the item. He does not need arbitration, he needs to GO BACK to the resolution center and open an SNAD return request.  Which I already explained to him. 

[ed8108]

OP says he opened a INR request , lost because he did receive late delivery or an item.  Case Closed

He then successfully opened another request claiming the item he received was incorrect, item received did not match the description. He lost based on a prior determination that he received delivery. 

[takikawa4]

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@ed8108 wrote:

OP says he opened a INR request , lost because he did receive late delivery or an item.  Case Closed

He then successfully opened another request claiming the item he received was incorrect, item received did not match the description. He lost based on a prior determination that he received delivery. 

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That doesn't make any sense. If he lost an INR claim, that has nothing to do with an INAD claim.

[missjen831]

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@takikawa4 wrote:

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@ed8108 wrote:

OP says he opened a INR request , lost because he did receive late delivery or an item.  Case Closed

He then successfully opened another request claiming the item he received was incorrect, item received did not match the description. He lost based on a prior determination that he received delivery. 

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That doesn't make any sense. If he lost an INR claim, that has nothing to do with an INAD claim.

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And requests don’t disappear so I think he just sent the seller a message he didn’t open an actual request. He wouldn’t have been able to appeal the INR if he had opened a return request.

[ed8108]

My opinion is Telephone ebay, and speak with someone in the resolution center.

[ed8108]

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@takikawa4 wrote:

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@ed8108 wrote:

OP says he opened a INR request , lost because he did receive late delivery or an item.  Case Closed

He then successfully opened another request claiming the item he received was incorrect, item received did not match the description. He lost based on a prior determination that he received delivery. 

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That doesn't make any sense. If he lost an INR claim, that has nothing to do with an INAD claim.

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According to someone within the resolution center, the system may not always accept another issue. 

buyers first present one issue and lose. Then they try another issue.