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DuNnInG_2K5
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PostPosted: 17:55 - 10 Jan 2008    Post subject: ebay problem Reply with quote

hi everyone
recently sold a tomtom 910 on ebay (also in for sale section)


https://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=290196084412&ssPageName=STRK:MESO:IT&ih=019

basically the blokes emailed me saying he can't get it fixed.

now am i right in thinking as i listed it for spares or repairs and no returns i dont have to give a full refund?

i also emailed him saying i wasnt a tomtom engineer so couldnt tell him exactly what the problem was which was why it was listed for spares or repair and in the auction it was stated the green light was on but wouldnt turn on so i presumed it wasnt charging


i received this email off him

Quote:
Hello,
The tomtom you have sold is absolutely useless.. its not servicable, its not repairable & it cant be sorted out in any other way than to replace all the parts with new ones... Therefore i'll be sending it back by 1st class post tomorrow & i will expect a full reinbursement of the sale price. I have spent an additional 23 pounds for this information which i'm well aware is down to me but i dont intend to pay any more out except the cost of return postage. The green light on the tomtom only indicates that it is connected to a power source, no other part or component can be used so the item is no good for parts & spares. This is the reason why i will be returning the item. Its useless, therefore not worth 1 pound, let alone 73. I am well within my rights to do this regardless of what is stated on the listing.
Thanks




not had any problems using ebay before so not sure what to do with regards to refunds etc?
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PostPosted: 17:58 - 10 Jan 2008    Post subject: Reply with quote

Tell him to piss off.
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jimbothe
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PostPosted: 18:02 - 10 Jan 2008    Post subject: Reply with quote

I think the bit in your description makes it perfectly clear.

Quote:
sold as spares or repairs therefore no returns.



As Joe says Thumbs Up

His options are limited. He cant claim non receipt as you sent it special delivery, he cant claim significantly not as described as you stated it was sold as broken clearly listed and as spares and repair. You have done nothing wrong.
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Last edited by jimbothe on 18:05 - 10 Jan 2008; edited 1 time in total
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PostPosted: 18:03 - 10 Jan 2008    Post subject: Reply with quote

Did he pay by Paypal? If he did make sure you empty your PP account.
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DuNnInG_2K5
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PostPosted: 18:05 - 10 Jan 2008    Post subject: Reply with quote

Joe wrote:
Did he pay by Paypal? If he did make sure you empty your PP account.


he paid by paypal, but im not registered properly yet. and am ineligible for dispute things anyway.

thanks for the advice lads, exactly what i've been told by everyone i've asked


as i say, with not much experience on ebay didnt understand how it all worked with regards to this sort of thing
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jimbothe
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PostPosted: 18:09 - 10 Jan 2008    Post subject: Reply with quote

Joe wrote:
Did he pay by Paypal? If he did make sure you empty your PP account.


To do that properly would only work if you emptied your bank account as well and took the credit card off file with ebay which i'm not sure you can do while a sale is in motion.

If Paypal cant get anything from your account in a case won against you then they hold all (if any) monies on your Paypal account and try to retrieve it secondly via the direct debit you set up to gain the account. If this fails they may try the credit card but it is doubtful.

Dont be so sure you are inelligable Wink if they have access to your accounts, they can try to take the money back.
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owdamer
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PostPosted: 18:19 - 10 Jan 2008    Post subject: Reply with quote

Send him the list of the other bidders and suggest he tries to sell it to them. Other than that tell him to do p*ss off, Your ad clearly says it doesn't work.
We get loads of tom tom catalog returns in at work and the ones that fail are just sold on by the palletload as faulty. God only knows who the buyers are or what they do with em. If we dont fix them then it'll be because parts aren't available or its simply too costly.
I cant believe someone Paid £73 + postage for a broken tom tom. What a k-nob.

Bloody hell, a quick look on ebay and
Here

and

Here

Suckers!


Last edited by owdamer on 20:47 - 10 Jan 2008; edited 2 times in total
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PostPosted: 18:19 - 10 Jan 2008    Post subject: Reply with quote

One of the reasons I've never linked my PP account to my bank account. CC only.
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shonajoy
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PostPosted: 19:35 - 10 Jan 2008    Post subject: Reply with quote

I buy and sell a lot on ebay, and agree with the others. He hasn't got a leg to stand on - email him and tell him before he sends it though.
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DuNnInG_2K5
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PostPosted: 19:45 - 10 Jan 2008    Post subject: Reply with quote

i've sent him an email advising him not to send it.
and that im well within my rights to refuse a refund as it was sold as spares or repair

thanks again for your help
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Dischord
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PostPosted: 20:05 - 10 Jan 2008    Post subject: Reply with quote

At least if he does return it you can sell it again Thumbs Up rinse and repeat and you'll be a millionaire before long Very Happy
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Robby
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PostPosted: 20:11 - 10 Jan 2008    Post subject: Reply with quote

A paypal dispute won't get him anywhere, you sold it as faulty, so it is as described.

I've had people try the same thing on with me before. None of them have ever gone as far as sending it back, but if he sends it recorded you can just refuse delivery.
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tatters
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PostPosted: 20:14 - 10 Jan 2008    Post subject: Reply with quote

Sounds like a typical ebay cu*t, l sold a r&g fork protector last month and received neg feedback because the buyer believed that it was missing a washer which it did,nt require. Rolling Eyes
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Hetzer
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PostPosted: 20:17 - 10 Jan 2008    Post subject: Reply with quote

Hang on a minute...if you say "spares or repair" you are effectively stating the parts, or some of them, can be used as spares, or the entire unit is in fact repairable.

Or does the term "spares or repair" translate as "totally useless"?
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DuNnInG_2K5
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PostPosted: 20:19 - 10 Jan 2008    Post subject: Reply with quote

Hetzer wrote:
Hang on a minute...if you say "spares or repair" you are effectively stating the parts, or some of them, can be used as spares, or the entire unit is in fact repairable.

Or does the term "spares or repair" translate as "totally useless"?



i meant spares or repair as in i dont know what was wrong with it and was just having a guess at it being the battery knackered/dodgy connections inside so it wasnt charging therefore not turning on.
i didnt have a clue for certain what it was.


just received this email from the buyer


Quote:
Which bits are usable for spares or repairs exactly? The item is a complete dud.. its useless. I wont sit back & be ripped off by anyone. This is the last message i will send to give you the option to sort this out between us. The next step is to open an ebay/paypal dispute to regain my funds & also take the tomtom to the police to log a complaint against you failing to uphold my consumer rights. Do you honestly believe that i'm going to pay 73 quid for a useless, unusuable, unfixable tomtom? Would you? You have the choice...
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Hetzer
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PostPosted: 20:24 - 10 Jan 2008    Post subject: Reply with quote

If you bought a car advertized as "spares or repair", and found that every component bar the shell was non-functional, would you be happy?

Put yourself in the other guy's shoes and do the right thing. £73 for something that is 100% useless is not on mate.
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cagiva gezzer
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PostPosted: 20:33 - 10 Jan 2008    Post subject: Reply with quote

Me thinks Siggi is now the proud owner of a Tom Tom that needs some attention . . . Very Happy

Tell him to go jump, he shouldn't of gone for it if he didn't know how to fix it.
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DuNnInG_2K5
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PostPosted: 20:34 - 10 Jan 2008    Post subject: Reply with quote

i've emailed the seller. and offered to refund £65 due to the fact that i've already had a percentage took off by paypal, plus the cost to relist etc.

does this seem reasonable?
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Polo
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PostPosted: 20:35 - 10 Jan 2008    Post subject: Reply with quote

I am with Hetz, spares or repair - the OR says it must be one or the other.

IF and it's a big IF, the buyer is correct and he has been advised it is useless, then ask him for proof of this. Call his bluff. If he can back it up though then I would say you owe a refund.

For me it is all in the Spares or repair. If you had sold it saying you really do not know if this can be fixed or if any parts are usable then he has no comeback.
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DuNnInG_2K5
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PostPosted: 20:39 - 10 Jan 2008    Post subject: Reply with quote

what you lot think of a £65 refund then
think that's fair?
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Hetzer
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PostPosted: 20:41 - 10 Jan 2008    Post subject: Reply with quote

Minty wrote:
I am with Hetz, spares or repair - the OR says it must be one or the other.

IF and it's a big IF, the buyer is correct and he has been advised it is useless, then ask him for proof of this. Call his bluff. If he can back it up though then I would say you owe a refund.

For me it is all in the Spares or repair. If you had sold it saying you really do not know if this can be fixed or if any parts are usable then he has no comeback.


Correctomundo. Laughing

To cover your ass you should have said:

"This item is, to the best of my knowledge, completely non-functional, but somebody out there who knows more than I do about this kind of stuff might be able to get it going again or salvage some parts from it. However, it's sold as completely non-functional so if you buy it and get no joy you won't be getting a refund".

A £65 refund is very decent, you're a good man. Thumbs Up
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owdamer
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PostPosted: 20:42 - 10 Jan 2008    Post subject: Reply with quote

Hetzer wrote:
If you bought a car advertized as "spares or repair", and found that every component bar the shell was non-functional, would you be happy?

Put yourself in the other guy's shoes and do the right thing. £73 for something that is 100% useless is not on mate.


The other guy should have done some research then.
If you buy a car for spares or repair, then find the component you require is broken would you demand your money back?

"caveat emptor"
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owdamer
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PostPosted: 20:45 - 10 Jan 2008    Post subject: Reply with quote

Quote:
Which bits are usable for spares or repairs exactly? The item is a complete dud.. its useless. I wont sit back & be ripped off by anyone. This is the last message i will send to give you the option to sort this out between us. The next step is to open an ebay/paypal dispute to regain my funds & also take the tomtom to the police to log a complaint against you failing to uphold my consumer rights. Do you honestly believe that i'm going to pay 73 quid for a useless, unusuable, unfixable tomtom? Would you? You have the choice...


If he thinks the police will help he's from another planet.
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PostPosted: 20:47 - 10 Jan 2008    Post subject: Reply with quote

The case looks fine - surely that negates the 'it's not got any good spares' argument. I bet not every single last piece of the unit is dysfunctional.

Buying it was a risk he took but didn't work and now he's trying it on.
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Hetzer
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PostPosted: 20:49 - 10 Jan 2008    Post subject: Reply with quote

Owdamer wrote:
Hetzer wrote:
If you bought a car advertized as "spares or repair", and found that every component bar the shell was non-functional, would you be happy?

Put yourself in the other guy's shoes and do the right thing. £73 for something that is 100% useless is not on mate.


The other guy should have done some research then.
If you buy a car for spares or repair, then find the component you require is broken would you demand your money back?

"caveat emptor"


It's not about expecting a specific part to be useable, it's about the item having anything that is useable. From what he's said he's found that the entire thing is blown, not uncommon with electronic devices.

If no part can be used as a spare, or the thing cannot be repaired, the words "spares or repair" are inaccurate and misleading. It has to have some use to be worthy of that description.

And I'm not trying to imply DuN has tried it on (before anyone suggests that), he clearly thought the thing might have been viable. Unfortunately it's all too easy to resort to a commonly used description that is in fact invalid.

It's a very messy situation, in which both parties are innocent victims of an advertizing cliche. At least you're doing right by the chap.
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