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.

[ed8108]

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jen_proudleowife wrote: 

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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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NEVER SAID (arbitration) to be NECESSARY 

Definition - essential

[listerandthecat]

Thanks for your reply.

I did try to open a second 'return request' as mentioned in my original post around half way down;

"

Here is where it became odd...

I then opened a SECOND request...

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

"

Hence "I recently had an odd encounter with eBays resolution centre" in the first line.

Thanks again for your help,

Mark L.

[listerandthecat]

Exactly!

I thought it didn't make sense. The item WAS 'not as described', not difficult to work out if a light bulb is 15Watts or 3Watts with the right measuring tool - which I have, as indicated in the pictures.

Thanks for your reply,

Mark L.

[listerandthecat]

No jen_proudleowife, I DID open a second request. Do you really think I would knowingly open a INR request and then not know how to open a SNAD request?

Thanks,

Mark L

[hafoster]

After you lose an INR case --

because the item arrives during your INR request --

you can still appeal that INR decision --

even if you've gone to a return request for SNAD or remorse:

The appeal link in the closed INR case is still active.

At this point you have 3 unique case IDs:

1. INR refund request

2. INR case

3. Return request

And there will be a 4th case ID when someone escalates the return request.

When you lose an INR case, you'll see:

Status: We made a decision on your case

Then, even if you've continued on to a return request --

you can still click

See case details

on the INR case to make an appeal:

The INR case and the return request are independent of each other.

Again, you can start a return request after you lose an INR case.

@listerandthecat

Do you see:

View return details

at the very bottom of your Purchase history page?

If not, open or closed, there's still a way to get to those details.

[orangehound]

OP ... I would suggest going your other two potential routes.

(1) If you paid by credit card, file a SNAD claim with them.

(2) If not, go to PayPal and file a SNAD claim ... with PayPal, you would be responsible for return shipping (impractical if this item came from China, which I suspect is the case given the long shipping delay).

[hafoster]

@listerandthecat

Do you see:

View return details

(or search for that text) near the bottom of your Purchase history page?