Seller claims "no returns", but item was very clearly mislabelled.

topplehat

topplehat

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I recently ordered a Dell Mini 10 from a seller on eBay, one of the new models with the Atom N450 processor in it. Or at least, that's what I thought. The item description said that it had the N450 processor in it, but the model I received was the older model with the N270 in it. As you can expect, I was not happy with this and opened a dispute through Paypal/eBay to combat this.

In the dispute I claimed that had I known that the item was the older Dell Mini 10 model, I would not have purchased it, and that the description did not match what I received in the mail. In the dispute I offered to mail it back for a full refund, but the seller denied and left me with the following wisdom:

"i'm sorry for all that,butlike i said before it was just miss writin but eveything else is what it is.. u also need to look that the returns items it states NO RETURNS.. that also mean no refund.. thank you"

Now, I'm pretty sure (or really hopeful) Paypal/eBay will be on my side here, but has anyone had a similar experience? What was the outcome?
 
[quote name='topplehat']I recently ordered a Dell Mini 10 from a seller on eBay, one of the new models with the Atom N450 processor in it. Or at least, that's what I thought. The item description said that it had the N450 processor in it, but the model I received was the older model with the N270 in it. As you can expect, I was not happy with this and opened a dispute through Paypal/eBay to combat this.

In the dispute I claimed that had I known that the item was the older Dell Mini 10 model, I would not have purchased it, and that the description did not match what I received in the mail. In the dispute I offered to mail it back for a full refund, but the seller denied and left me with the following wisdom:

"i'm sorry for all that,butlike i said before it was just miss writin but eveything else is what it is.. u also need to look that the returns items it states NO RETURNS.. that also mean no refund.. thank you"

Now, I'm pretty sure (or really hopeful) Paypal/eBay will be on my side here, but has anyone had a similar experience? What was the outcome?[/QUOTE]

Paypal ALWAYS sides with the buyers. This seller is pretty stupid if he doesn't know that.
 
Also, I think just by the seller's grammar alone we can agree that the seller is not very intelligent. Add to that the fact that eBay and PayPal always favor buyers over sellers, there's no chance in hell the seller will win.
 
Yeah you don't have much to worry about there. If the seller did not give you the item described in the auction then his "no returns" policy bears no weight at all in the matter. He gave you a totally different item than what you paid for and basically said "too bad", so of course eBay and Paypal will side with you.
 
HAHA...what a moron. It's funny that he tells you...well, tries to tell you, because his command of the English language blows...that you need to look at what it said about returns. When you put "no returns" on your eBay sale, it clearly says you are still responsible for describing the item accurately. You will definitely win any dispute easily, especially that he basically admitted to it.
 
I have had a similar problem to this, a cellular device that claimed to work on Cingulars Network (I had even emailed and asked specifically about this), but what I actually received was device that worked on a obsolete network (actually the network it worked on was being shut down within 2 months) and did not work as advertised on all wireless networks. I contacted ebay/paypal, and I was told that the item is intrinsically the same item.
I then replied back so if I buy Model XXX phone for Cingular, but actually get Model XXX phone for ATT, I have no recourse for it, and effectively their reply at that time was "if you receive Model XXX phone there is nothing you can do". I don't know if they have moved off that type of thinking, but I no longer buy technology items from ebay anymore, that was over 5 years ago.
 
[quote name='Unicorntard']Looks like you'll be getting a free laptop.[/QUOTE]

Uh, no.

Paypal will have you send it back to the seller (make sure you get tracking), and once delivery is confirmed they will refund the amount you paid, minus whatever shipping and handling was listed in the auction. When I was in your situation, I was screwed because it was one of those $.99 items with insane shipping, so obviously I was screwed if I had a problem.
 
When you do send it back, use UPS (or FedEx), insure it for the full amount, and require a signature. That way you should be completely covered from both yours and eBay/PayPal's standpoints.
 
Don't. Leave him a negative feedback and that partial refund might turn into full. Also, demand for full refund and return shipping amount, talk to paypal agents on the phone.
 
[quote name='kart007k']Don't. Leave him a negative feedback and that partial refund might turn into full. Also, demand for full refund and return shipping amount, talk to paypal agents on the phone.[/QUOTE]

^ This.
 
Take the partial refund of 75 if the difference in processors is worth that or less. If you like the item still getting $75 back is safer than sending it back with all the hassle and risk. Plus there is no money out of your pocket, just money back.
 
That partial refund might just put a decent ending to this whole mess. If you have to time to deal with it the hard way you could do that, but you can just get it over with and possibly purchase another processor (or if you figure you can do with this processor for the cheaper price) for that same price with the partial refund.
 
If the seller was a little nicer and was willing to work with you on this whole thing, I would have said, go ahead and take the partial refund. But just the fact that he acted so smug and like a total asshole in his response back to you, I would just say don't accept it and see the review to the very end, as well as having the right to leave the negative feedback for him. After all, he didn't even offer the refund to begin with, and now that he sees that there is a dispute, he's trying to bail himself out of it after being a total jerk to you. Unacceptable.
 
Definitely get signature confirmation on the package. Also, hopefully he did not clean his Paypal account out. If that is the case, Paypal will side with you, but no money in the account means you don't get a penny. Had it happen to me with some electronics I bought ages ago on eBay. That alone helped me make my decision to never use eBay again. It is such a dishonest place to shop now.

Good luck bro. Please continue to update us on your situation. There are tons of folks on CAG that can help you if the situation goes downhill.
 
[quote name='mingleje']Take the partial refund of 75 if the difference in processors is worth that or less. If you like the item still getting $75 back is safer than sending it back with all the hassle and risk. Plus there is no money out of your pocket, just money back.[/QUOTE]

[quote name='Rozz']That partial refund might just put a decent ending to this whole mess. If you have to time to deal with it the hard way you could do that, but you can just get it over with and possibly purchase another processor (or if you figure you can do with this processor for the cheaper price) for that same price with the partial refund.[/QUOTE]

[quote name='tsunami_bomb3r']partial refund + you keep the laptop? depending on how much you paid, that might be a worthwhile deal. otherwise, he's clearly in the wrong.[/QUOTE]

I mostly agree with these guys. I don't follow computer hardware as close as I use to in the past, but if the cost between the two units is not that big (I'm guessing not, considering the price of netbooks), and if you think the older model you received is good, I might just take the partial refund and be done with it. If you drag it out, you will win, but you might not win, if you catch my drift. A lot of things could go wrong, especially if this seller is as stupid and rude as he appears.

If you definitely don't want anything to do with that model, though, I would see it through to the end.
 
I'm placing a few bids on some other auctions today, and seeing if they turn out well enough. If they don't, I'll settle because that means I'd get the netbook for 190, which is a darn good price. I could also resell it if I had to.

I think I'm going to just take the partial refund and sell it on eBay and use that money toward a new netbook.
 
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If you've ever sold on ebay before, there's a lot of fees. I sold a samsung Behold II for ~265 total. My ending auction fee was $20 for ebay. ~$20 for shipping (USPS small box w/ insurance). ~$10 for paypal fees.

Anyways, my advice is not to look toward selling things on ebay.
 
If you're not going to keep it, don't take the refund; you're going to have to sell it below what you paid for it anyway, and with ebay/shipping/paypal fees (as LackeyZero said) you're probably going to lose money. Now think about this: what if the person who buys it from you finds more problems that the original seller "accidentally" left out? (Granted, this assumes the seller is possibly shady, but who knows at this point?) You'll be out even more. Anyway, if you do sell it, you're technically doing the hard work for the original seller and taking the risks he'd have to take, perhaps moreso. It's just not worth it.
 
[quote name='LackeyZero']If you've ever sold on ebay before, there's a lot of fees. I sold a samsung Behold II for ~265 total. My ending auction fee was $20 for ebay. ~$20 for shipping (USPS small box w/ insurance). ~$10 for paypal fees.

Anyways, my advice is not to look toward selling things on ebay.[/QUOTE]

Yep. If you are not going to keep it, don't take the refund. It is not worth trying to sell.
 
I dunno, I have sold on eBay before many times and what I paid for this laptop was not really a bad deal, it's just not what I had set out to buy when looking for a netbook. So, I have 75 dollars of slack there.

Also I am making sure to give an accurate description because I would hate for what happened to me to happen to someone else.
 
just got my refund for 2 set of H.I.D light for my car. $115 all i asked for is $40 refund because i kept the wire harness and bulbs. but paypal refunded the full amount.
 
[quote name='Paco']Paypal ALWAYS sides with the buyers. This seller is pretty stupid if he doesn't know that.[/QUOTE]

That's how scammers reverse payments everytime as well. Paypal makes a scammer's job easier.
 
man if paypal and ebay sided with the buyer just think of everyone putting up ads



Ncaa football 2011 360 (before they come out) for 40 bucks (since they normally be 60) and then sending everyone the first 2008 and saying


It was a misspelling LOL


personally i dont think the people at paypal even know how to do returns.... I got something off Toys r us a few years back...

It was buy 1 game get 1 free ... so i got 2 games for like 40 bucks.... one of the psp games either came busted or came too late and they no longer wanted them,, this was the 40 buck game and i was going to keep the free one....

... Toys r us goes return the 40 buck game for a refund .... i emailed them saying i was going to be keeping the free one and would be happy to pay the money for it

well i return the games to toys r us and toys R us said they sent the refund to Paypal, but paypal said they never got the refund... Well after about 2 weeks paypal still said they never got the refund, but toys r us kept saying it was sent... Paypal finally gave in and said i was covered under some protection plan and that i would get a refund from PAYPAL AND NOT TOYS R US. I told them i kept one of the games and would be more then happy to pay for it since Toys r us only refunded half the money...

Paypal would have nothing to do with it and told me

Take the entire 40 back or nothing ..... so i took the 40 and the free game LOL what a way to run a company
 
PayPal and eBay are starting to bug me a lot more than they used to, for sure. It's so inherently underhanded to have fees taken as a seller from both steps of the process when they are one in the same.

I actually thought PayPal didn't take fees from eBay transactions until my recent bout of selling stuff I didn't need out of the FFXIII Xbox 360 bundle. Have they always?

Anyway, do what you think is the best deal, but if it was me I'd want to teach this person a lesson a little more. Try to get him to give you $90 back or a full refund and he gets the netbook back. If those are his only two options, he might go for it.
 
[quote name='dubleo']That's how scammers reverse payments everytime as well. Paypal makes a scammer's job easier.[/QUOTE]

Yep. Thus is the good and the bad about eBay/PayPal. If a seller tries to be a douche, you'll win, but scamming buyers get away with murder.
 
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