Question:
I would not even bother leaving neg feedback for this seller. I’d just chalk it up as a learning lesson where you should request a refund before you place a bid or at least ask to go through an escrow service. BTW are there any cheaper escrow services then those that are recommended by eBay? $15 is alot of money. ~ CHEERS ~ Christina D. Anderson – Mrs. Illinois 96 http://www.hypertracker.com/go/mrsil96/MrsIL96/eBayNG
Response:
The buyer should, if the goodies are returned as bought, get a refund. If too many sellers on Ebay have "no refund’ or other similar policies then they will slowly reduce our buyer base – word-of-mouth complaints can kill any business.
I would agree. And while I’m too lazy to check the law again on this, I believe last time we went around on this it looks like "no refunds" can’t cover this kind of situation. However: Two great rules for buyers (1) Don’t buy anything you have to plug in the wall or runs on/goes into anything that plugs in the wall unless you know the seller very well & (2) don’t buy anything that states "no refund"
Bingo. It’s nice if the law thinks you should get a refund, but if the seller doesn’t think so–and that’s going to be the view of every seller with "no refunds" in the auction–that’s going to be an unpleasant transaction no matter what happens. Deborah Stevenson
Response:
His advertisement said no refunds. However, I told him that I would like a refund. The product was a simulated A+ CompTIA exam. It turns out that it is full of wrong answers and silly nonsense questions
Seems to me that the implied warrant of merchantability applies here. If it’s truly as you describe, it’s as useless as a deck of flash cards with the wrong answers. If the procudt is defective, he owes you a refund, and you should point it out to everyone you can, including ebaY. — If I were creating the world, I wouldn’t mess around with butterflys and daffodils. I would have started with lasers. Eight o’clock. Day one. *Zzzzzzzzap*! // Aaaaaggh! // Sorry!
Response:
I have an excellent buyers history on eBay (i.e., no negative feedback). I have recently encountered an inferior software product by a seller on eBay. His advertisement said no refunds. However, I told him that I would like a refund. The product was a simulated A+ CompTIA exam. It turns out that it is full of wrong answers and silly nonsense questions. I sent the seller examples of his errors, and in his response he tried to accuse me of trying to "extort" him. Even when I furnished him the proof of his errors, he refused to lift a finger to verify my complaints.
Your seller has quite high non-pos feedback, and this would seem to be par for the course. That and the "no refunds" policy are big red flags; I’d advise you to steer clear of such sellers in future. The "no refunds" part troubles me a bit on both sides. On the one hand, I believe that California law has some fairly strict limitations on a "no refunds" policy (you can check Google on this group or just the California consumer-related laws on the web for more details), and that this item may not be subject to a "no refunds" policy, since it seems, from your description, to be unfit for its intended purpose. On the other hand, you don’t seem to be basing your desire for a refund on this law, so it sounds a bit as if you felt you simply weren’t bound by the auction terms to which you agreed. My apologies if I’m misunderstanding. Ultimately, if I expose him for selling this trash (as I feel it is my duty)
Complicated thing, duty. Several hundred other people "exposed" him, after all, and it didn’t stop you from bidding, so I’d say make your decision individually. then in return he has threatened me with negative feedback for "extortion."
Did you tell him that if he didn’t refund your money, you’d leave him negative feedback? eBay might actually consider that feedback extortion, so he may have a point. (It’s best to avoid discussing feedback entirely in such a situation.) What is your opinion? Should I just take the negative feedback and take this a a lesson in "Buyer beware," or do I have some other recourse???
That one’s strictly your call. There really aren’t any other likely alternatives. You could certainly try leaving your negative quite late, even after the 90 days (put in the auction number to bring up the auction then, as it won’t be in your "Feedback waiting to be left" file any more) if you’re willing to risk the possibility of being unable to leave feedback, and that will lessen his window of opportunity for retaliating. Make sure you keep the feedback cool and specific, stating the problem with the item and the failure to deal with it rather than anything about the seller himself; ditto if you follow up to his feedback for you. Then your neg really isn’t likely to hurt you much, especially when people see the feedback of the guy who gave it to you. Good luck. Deborah Stevenson
Response:
- Hide quoted text — Show quoted text – You bought a SIMULATED exam with a "no refunds" policy. You bid on it knowing those conditions. Kris So the magic word is "no refunds?" I guess this makes it legal for anyone to sell junk and take others hard earned cash? I call these kind of things by what they are: a scam… Anyway, I appreciate your opinion… Thanks, James
The buyer should, if the goodies are returned as bought, get a refund. If too many sellers on Ebay have "no refund’ or other similar policies then they will slowly reduce our buyer base – word-of-mouth complaints can kill any business. Two great rules for buyers (1) Don’t buy anything you have to plug in the wall or runs on/goes into anything that plugs in the wall unless you know the seller very well & (2) don’t buy anything that states "no refund" There are many more safe rules for buyers but they are too long to get into here John John
Response:
You bought a SIMULATED exam with a "no refunds" policy. You bid on it knowing those conditions. Kris
So the magic word is "no refunds?" I guess this makes it legal for anyone to sell junk and take others hard earned cash? I call these kind of things by what they are: a scam… Anyway, I appreciate your opinion… Thanks, James Posted Via Binaries.net = SPEED+RETENTION+COMPLETION = http://www.binaries.net
Response:
Hi Debra, I appreciate your time and effort to expalin my options. (open mouth and insert foot) In this case I did tell him that I would leave him negative feedback if he didn’t do the right thing and refund my money….according to what you said, I just gave him a good reason to accuse me of extorting him… sigh… Thanks, James Posted Via Binaries.net = SPEED+RETENTION+COMPLETION = http://www.binaries.net
Response:
You bought a SIMULATED exam with a "no refunds" policy. You bid on it knowing those conditions. Kris So the magic word is "no refunds?"
I asked for the auction number, as I’d like to see the terms and description, but you cut that part out of your reply. IF the auction stated "no refunds" (whether its ethical or legal), you DID bid on the auction and therefore agreed to those terms. I see 106 closed auctions for this product, and less than half had bids. Apparently few people are falling for it. I guess this makes it legal for anyone to sell junk and take others hard earned cash? I call these kind of things by what they are: a scam…
So do I, but as Deborah has already pointed out, many others had given this seller negatives *before* you bid….and that didn’t stop you from bidding. Why? Some people are vulnerable to scams, and I think it’s important for them to figure out why. Kris
Response:
I have an excellent buyers history on eBay (i.e., no negative feedback). I have recently encountered an inferior software product by a seller on eBay. His advertisement said no refunds. However, I told him that I would like a refund. The product was a simulated A+ CompTIA exam. It turns out that it is full of wrong answers and silly nonsense questions. I sent the seller examples of his errors, and in his response he tried to accuse me of trying to "extort" him. Even when I furnished him the proof of his errors, he refused to lift a finger to verify my complaints. Ultimately, if I expose him for selling this trash (as I feel it is my duty) then in return he has threatened me with negative feedback for "extortion." What is your opinion? Should I just take the negative feedback and take this a a lesson in "Buyer beware," or do I have some other recourse??? Thanks, James Posted Via Binaries.net = SPEED+RETENTION+COMPLETION = http://www.binaries.net
Response:
- Hide quoted text — Show quoted text – I have an excellent buyers history on eBay (i.e., no negative feedback). I have recently encountered an inferior software product by a seller on eBay. His advertisement said no refunds. However, I told him that I would like a refund. The product was a simulated A+ CompTIA exam. It turns out that it is full of wrong answers and silly nonsense questions. I sent the seller examples of his errors, and in his response he tried to accuse me of trying to "extort" him. Even when I furnished him the proof of his errors, he refused to lift a finger to verify my complaints. Ultimately, if I expose him for selling this trash (as I feel it is my duty) then in return he has threatened me with negative feedback for "extortion." What is your opinion? Should I just take the negative feedback and take this a a lesson in "Buyer beware," or do I have some other recourse??? Thanks, James
What’s the auction number? Vague questions posed by an email address not registered on ebay, are virtually unanswerable except for: You bought a SIMULATED exam with a "no refunds" policy. You bid on it knowing those conditions. Kris
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