quick ebay question

[dransy]

I got a bonnet for my car of eBay . Buy it now 40 quid and 20 quid postage .
The bonnet came to my.work last Wednesday but I left it there till Friday till I could pick it up .
Come Friday night I start to unwrap it to find one hell of a fucking dint in it . So I message the guy from eBay telling him and hes said ur can't do anything about it.as I signed for it and that he put a disclaimer on the front of the packaging stating to check it before.signing as after its signed no refund can be given.

Now obviously.with it getting.delivered to.work.I didn't sign for it but my other concern is that it was amazingly well wrapped took me ages to get into it ! I really can't see that amount of damage happening and the packaging not even been damaged ?
Where do I stand with this the guy is saying he can't refund me but how.do.I know.he.hasn't sent it damaged and done my over so now I'm 60 quid down and have a bonnet more Fucked than the one on my car !.

Do I have any chance here ?
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Being shot out of a cannon will always be better than being squeezed out of a tube. That is why God made fast motorcycles

[pinkyfloyd]

Right, Need a few details from you to see what we can do to help. Mrs Pinky knows her ebay stuff.

How did you pay for the item?
Is the seller registered as a business seller or private?
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.

[dransy]

Hi there I'm on my phone so I can't check but I THINK its a business and I paid via pay pal
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Being shot out of a cannon will always be better than being squeezed out of a tube. That is why God made fast motorcycles

[pinkyfloyd]

If you paid by paypal then you can file a claim by paypal.

Under the distant selling regulations you have 7 working days from recipt of goods to change your mind, for what ever reason. If its a business seller you could remind them that the refusal to accept a return is a breach of the distance selling regulations and trading standards would be interested to hear this.

Best course of action is open a dispute with paypal claiming the goods were significantly not as described. The chances are you'll lose the postage to return the product but you should get the price paid and postage you paid to recieve the item.

You will have to return the item recorded to make sure you get a signature otherwise they might claim they never recieved your return.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.

[Rogerborg]

[pinkyfloyd]

[iooi]

[dransy]

I'll post the pics when I'm home from work . It's still half in its packaging as I stopped when I noticed the damage .

Also the damaged isn't on the weaker part of the bonnet its on the side that meets the wings if that makes sense
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Being shot out of a cannon will always be better than being squeezed out of a tube. That is why God made fast motorcycles

[shereen]

[P.]

[pinkyfloyd]

Paddy is correct. If you lodge a complaint claiming the goods were not as described paypal will side on the buyer 9 times out of 10.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.

[Paulington]

If the item isn't as described on the eBay ad, send him a message via. eBay, inform eBay/open up a Paypal dispute saying the item is not as declared on the eBay ad.

You'll get your money back, disclaimer or no disclaimer. His shitty little disclaimer doesn't change either the Distance Selling Regulations, Sale of Goods Act (which are the basis of) your Statutory Rights. File a Paypal dispute, sorted.

The law states under Section 35(2) of the Sale of Goods Act 1979:

"Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract."

Really, you haven't even accepted that you own the goods yet. That act combined with your Statutory Right to Reject Goods means he doesn't have a leg to stand on, at all.

Open a Paypal dispute, spout all this as you are entitled to a refund AS LONG AS the advert didn't say it had a dent in it.

(If any of my legalese is wrong, I do apologise as I am still learning [Sickpup. .] but I am 99.8% certain that nothing he could write in a disclaimer overrides your Statutory Rights).
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.

[pinkyfloyd]

[Paulington]

[pinkyfloyd]

[dransy]

Opened a case . Here are the pics.

Hope they showed up on my phone again laptop has caught teh ghey
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Being shot out of a cannon will always be better than being squeezed out of a tube. That is why God made fast motorcycles

[iooi]

Looks like its been damaged in transit.

One reason why the seller could have asked for it to be checked. IF you open it in the presence of the courier then there is no issue as to YOU damaging the goods.
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Just because my bike was A DIVVY, does not mean i am......