Broken Item - what to do?

[metrobaby]

I bought a flute for dd from a seller who has 100% good feedback. HOwever, when we received it the flute was very stiff to put together and dd found it very difficult to get out certain notes. I emailed the seller who recommended washing up liquid on the joints which has made it easier to put together - but not by much. DH is the only person who can actually put it together.

I took the flute to a specialised local flute shop who told me that a certain joint near the keys is broken which would explain why some notes cannot be played, and that it needed an overall service. The cost to repair and service is over £100 and more that the cost of the price I paid.

I feel that I have been sold a lemon. The item description mentioned nothing about a broken part nor that it was stiff to put together.

Have I lost my money? Is it bad luck or is there anything I can do?

I don't want to re-sell it as I would feel dishonest about selling something that didn't work.

[fergoose]

open a not as described dispute with eBay then return via trackable mean for a full refund. It will need to be courier or special delivery to be fully insured.

And then appropriate feedback and stars for your seller I reckon.

[metrobaby]

thanks fergoose. I don't buy that much on ebay and when I have it has never been a problem.

I am worried though the seller will accuse me of the damage - poor dd hasn't been able to play a piece with the flute yet.

[fergoose]

well he can accuse all he likes, it won't get him anywhere

Just get the case opened in eBay is my advice and only communicate with the seller via that case, and don't close it yourself, let eBay sort it out for you.

[metrobaby]

I emailed the seller and notified him of the problem and had no response. I then opened up an ebay dispute and immediately had a response. However the seller has now become quite angry and I think his emails are aggressive. He is claiming that I have broken it and that it was in perfect condition when he sold it. He is also blaming me /my dd/ and 'other novices' for handling it and breaking it. He has said the only thing he will do is send some wax for the stiff joints - he won;t accept a refund as he thinks it has been too long since I bought the flute. (We are well within the 45 day limit).

I am very annoyed. DD is in secondary school for a start and has been playing for a number of years. She knows how to handle a flute with care - as do I ! We've had a hire flute before and it was returned without damages. I am also angry as I feel in trying to do the right thing - ie taking it to a flute shop and asking dd's teacher to look over it has almost gone against me.

I have told the seller we have not broken it, and pointed out he even admitted himself initially it was stiff to put together - but he keeps going on about the fact we have definately broken it.

Is it worth continuing this email exchange? Shall I just leave it to ebay to resolve now?

How does ebay resolve these type of disputes? Surely it is the buyer's word against the seller's word?

[fergoose]

Just ignore him, and then get that dispute escalated and get the item sent back to him. He sounds very aggressive and not at all nice. Just give eBay the tracking number proving it has been returned and you will get a refund. And then appropriate feedback and stars I reckon.

[metrobaby]

thanks fergoose - again

I'm reluctant to leave neg feedback as he'll do the same to me. I paid within 10 mins of the auction ending, and always do - but as I rarely buy from ebay I don't want my ratings to be adversley affected.

[CaptainHetty]

He can't leave you negative - you can't for buyers. He deserves the neg, make sure he gets it.

[fergoose]

he can't leave you neg feedback, and if he leaves a neg comment you can get it removed. This seller cannot affect your ratings.

[fergoose]

Sorry Captain, cross post! I agree, seller deserves a neg and poor stars.

[perfectstorm]

I'd send it back special delivery though, not just signed for. That costs a few quid more, but you're guaranteed that signature. If a seller is really arsey and the cost over say £30 IMO it's worth it. About a fifth of signed for items just don't get a signature, in my experience.

If he's pro enough to offer wax he's pro enough to know the issue existed, and the aggression should be something new buyers know about. He can't leave you a negative and as long as you are calm and factual in the feedback you leave, you'll be fine.

[metrobaby]

a big thanks and to everyone. I escalated the case and ebay made a decision within 2 hours in my favour

Ebay have said the money will be refunded and i now have to send back the flute to the seller - which is fine - and they have included a free postage label.

[perfectstorm]

Metrobaby, is that label for a signed and thus trackable method of delivery, to prevent the guy saying it just never arrived? I'm presuming so, if Ebay are providing it, but just thought I should check. Because he'll say it never turned up, otherwise.

Really pleased for you, that's such good news.