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Seller or me being unreasonable?

(17 Posts)
acurtis1234 Mon 03-Oct-16 18:00:29

I guess this is a kind of AIBU! I sold an electrical household item, brand new, in its box, with all the components still wrapped up in their individual bags. Basically it was something I bought when on offer for future use and stuck it in the loft still boxed and unopened. I'm now having a clear out prior to moving and decided to get rid. Silly impulse buy really.

I clearly and explicitly stated in the ad that this was the condition of the item and as such I could not confirm if it was working, therefore it was sold as seen. The image was just of the box, and the box with the lid open so contents could be seen.

Buyer arrives to collect and pay and first thing he asks is if it works - I said I didn't know to which he rolled his eyes and asks why would I sell something I didn't know works. I advised I had stated this in the ad. OK, he says, if it doesn't work you'll take it back won't you? I said I wouldn't as it would mean he had opened, unwrapped everything and it would be used - again I repeated and referred to the ad. He asked if I would plug it in, but everything was so tightly wrapped, not assembled etc, that I said I'd rather not - again please note I stated this in the ad! Eventually he paid and walked away, but he was clearly not happy and I'm unsure if this is the end of it.

So, I'm an experienced seller six plus years, with 100% high feedback, no problems till now, actually lots of feedback referencing my good descriptions (I'm not that bothered by feedback btw). I also know that ultimately eBay will side with a buyer, and that technically I cannot refuse a return.

But I never claimed it to be working, despite it being new, and took pains to point this out as a key part of the ad. Am I BU or is he?

Elland Mon 03-Oct-16 18:22:39

I would say you're nbu as it was stated in the ad.


OlennasWimple Mon 03-Oct-16 18:25:11

"Used" doesn't normally mean "taken out of the box, plugged in and switched on once", though, does it?

smilingeyes11 Mon 03-Oct-16 19:15:22

well hopefully they paid in cash so if so eBay cannot and won't force a refund. If you let them pay by PayPal then they need to prove returned to get their money back and you will prob be made to pay return costs too. You did insist on cash didn't you?

acurtis1234 Mon 03-Oct-16 19:28:50

OlennasWimple Yes I would feel obliged to state it as used, if it was all unwrapped and assembled, as I wouldn't be able to prove the use was once or more frequently. It is certainly not new, or new in box at that stage. As a buyer, I would expect new to mean unused/unworn etc in any way, even once.

smilingeyes11 yes they paid cash.

I think I was just a bit taken aback by his manner, he was on the offensive from the off, and his apparent surprise and displeasure that I wouldn't do or agree to what he asked. I've always been of the impression that anything can be sold on eBay, so long as the description and images match the item, and the current condition at sale. For example I've often seen things sold "for parts only" or obviously broken and stated as such, so why couldn't I sell something new but state I couldn't prove it worked. I wasn't trying to pass it off as working in any way. Just brand new which is actually not the same thing (although should be).

thanks all

19lottie82 Mon 03-Oct-16 21:19:54

Hmmmmm I can see both sides.

If you weren't guaranteeing it worked, and you weren't prepared to test it then you should have listed it as "spares and repairs" and prices it accordingly (i.e. Very low indeed)

Would it really have been so much grief to open it and test the main unit before you advertised it? It seems like this would have saved a lot of grief all round.

I understand that you did the best you could to describe it, but if I was the buyer I think I would have acted in the same way.

WhatamessIgotinto Mon 03-Oct-16 23:56:53

YANBU at all. You stated all this on your description so in those circs, people buy at their own risk. Not yours.

Snafflebrain Tue 04-Oct-16 00:11:49

Why would you not bother to test a brand new item before selling? As then your eBay listing could have described it as brand new, fully working etc and you'd have been likely to sell it for more money.

YABU if your eBay advert describes it anywhere as new, never used, put straight into attic etc but not tested - as you've described it in your post here - as most people would quite reasonably assume that a new item bought from a shop would be a working item and still likely to be working even after some time in storage. The fact you wouldn't allow the buyer to test it just makes it seem even more dodgy but as they have paid cash you won't have to refund.

19lottie82 Tue 04-Oct-16 00:14:25

Unfortunately you can't really list as "sold as seen" on eBay. You have a choice of "working" or "not working", and you must have selected one of these when you listed the item?

Meadows76 Tue 04-Oct-16 00:19:09

Tbh I think you have been completely unreasonable. How difficult would it have been to plug the item in and test if it was working? No, what actually happened is you thought you would get away with pulling a fast one, you knew it wasn't working. No one in their right mind would sell something and settle for a lesser price then they could achieve rather than plug the fucker in and conform it worked.

RockinHippy Tue 04-Oct-16 00:39:48

Sorry, but I think YABU too

VioletBam Tue 04-Oct-16 00:43:02

I think YABU a bit. I would have unwrapped it, tested it and then advertised as unused but opened to test.

Klkl Tue 04-Oct-16 00:54:37

Sorry but it's another YABU from me too. I think you should have let him test it or you should have tested it for him.
The only way that you could have been reasonable is if it was priced as if it were not working.

maz210 Tue 04-Oct-16 01:11:11

What kind of item was it? Is it something that would still be valuable/worth fixing if sold as not working? Personally as a buyer I wouldn't have bought it if a seller wouldn't allow me to plug it in to check it was working.

It's quite possible he now thinks that you wouldn't let him plug it in as you knew it wouldn't work.

OlennasWimple Tue 04-Oct-16 01:42:49

Buying on eBay I wouldn't expect that a new, boxed electrical item had never ever been taken out of the box to check it still worked. I would have done that, and said in my item description that I had bought it a while ago, put it in storage but assembled it for the purposes of checking it was functional. Then taken it apart and put it back in the box.

Same as with clothing I don't expect BNWT to mean that it's never been tried on

acurtis1234 Tue 04-Oct-16 11:59:12

ok, thanks and I take your points. It had loads of bits which would need assembly, all still wrapped in individual bags with ties etc. It was a very cheap brand (for what it was) and sold BIN for about half it's as new price. It would have taken me ages to assemble and test and for the selling price, I couldn't be bothered. I stated all this in the ad, my reasons for selling, where it had been stored and why it was all still wrapped and not tested, and that it was the buyers choice to buy. Had no-one bought it, I would have charity shopped it, if any would have taken it on the same basis, or eventually given it away to a neighbour/friend.

19lottie82 There was no working or not working option to choose. I didn't select any pre-set options which would have contradicted my description in any way.

I guess where I'm thinking I'm reasonable here is that I really clearly explained all in the ad - i.e. you know its nots been tested, I don't know if it's working or not, if you want it, buy it on those terms. If you want to know if it works or want to test it before paying, then this isn't for you. Sort of thing. For lots of people, the BIN price would have made this worth a punt. I actually had loads of watchers and it sold quickly. If he had asked any of these questions before he bought it, he probably wouldn't have bothered, and fair enough. It was the fact he bought it on this basis and asked, then made a fuss on the doorstep.

But yes, I can see his reasons for asking. I haven't heard back from him yet, so maybe it does work after all, and all is ok! I usually only sell clothes, and hardly ever household goods, so maybe I'll stick to Gumtree in the future so people don't have to commit to the sale before collection. thanks, and interesting to hear your thoughts. Sorry for the essay!!

SistersOfPercy Tue 04-Oct-16 15:54:47

I'd never bid on something like this, because I always theorise that seller probably has tested it and it doesn't work.

Someone was selling a load of untested printers on our local selling pages the other week. Funnily enough none worked and even curiouser the seller vanished as well.

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