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Thread: Sold NEW Mobo on eBay, Guy Has a Problem With It

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    If you stated that there was a no returns policy (in your listing), then it should be upto the new owner to RMA it. Especially if he managed to break it by being an idiot.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Quote Originally Posted by dirky View Post
    If you stated that there was a no returns policy (in your listing), then it should be upto the new owner to RMA it. Especially if he managed to break it by being an idiot.
    Unfortunately. when you sign up to eBay you accept their terms and conditions, including agreeing to abide by their dispute resolution process. That process includes that where there is a dispute between buyer and seller, you must first attempt to resolve it between the two parties, and if that doesn't happen and the requisite time period has elapsed, the agreement gives eBay the authority to reach a final and binding decision based on "evidence" submitted to it. Anecdotal evidence suggests that, these days at least, it usually finds for the buyer. And if it does, as seller, you've agreed to eBay refunding the buyer (inc postage) and deducting the amount from your PayPAL account and if that isn't possible, to promptly reimburse eBay for the amount they refunded. And if you don't, you've also agreed to eBay using the normal methods of debt collection, including legal action and/or collection agencies. And unless you can get a court or some other appropriate body to overturn that, a buyer is likely to be stuck with whatever decision eBay make.

    The moral of the story ... if you don't like, it (and a lot of people don't) don't sell stuff on eBay.

    If this were a simple, private transaction, then the only onus on the seller is that the item is "as described". If it isn't, and you can't agree with the seller on resolving that, about your only recourse is to take it to small claims court and hope you can prove your case.

    Under that situation, you might find that you could claim under the warranty, but that assumes the warranty is transferable and many aren't, at least, in the UK.


    There's also some logic to eBay's stance. Prior to their shift in attitude, there was a LOT of anecdotal evidence of people supplying goods hat didn't meet the description, that were decided as working when they didn't, or new when they weren't, and so forth. And in that situation, the buyer was screwed, because he/she ended up with no money, and not getting the goods they'd paid for.

    What this really boils down to is that the old legal adage "caveat emptor" (let the buyer beware) is still true. A barrister friend of mine put it pretty effectively .... "if buying a horse, walk round and count the legs. Make sure there's one on each corner, because if there isn't, you won't be able to do much about it afterwards."

    I took that to mean "don't make assumptions or take things for granted. Check it yourself or take the consequences." If you apply that to dealing on eBay, where you usually can't check beforehand, whether buyer or seller, it means the transaction amounts to a bet on whether the other party will deal fairly or not, because whichever way eBay put the assumption of liability, some percentage of users, both buyers and sellers, will abuse it. It's human nature.

    My attitude .... if you don't like the risk, which currently seems to apply mainly to sellers, don't use eBay.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Yep, as Saracen says, you've agreed to ebays rules and they'll screw you royally as a seller in a dispute.
    Ebay is pretty much treating all sellers as business sellers and they are forcing you to honour DSR whether you like it or not. Bottom line is if you don't like it then don't sell.
    I know you're not going to like it but I reckon you have zero chance of winning the dispute and I'd suggest you have alsmost zero chance of winning a small claims against ebay for siding with the buyer. Small calims will say that you entered into a contact with ebay which says their decision is final in a dispute and that'll be that.
    I'd say take the board back, you might find it works fine in which case resell it, it might be fooked so RMA it or it might be damaged in which case put it in the bin and forget ablut the whole sorry incident.
    I've had people raise disputes that the 'item wasn't as described' when it clearly was (last one was a creative external sound card, which it was) and I lost the dispute and had to take it back and refund £35. Good news was I relisted it and got £45!
    You either just have to live with ebay and their awful rules or don't sell.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Quote Originally Posted by killie99 View Post
    I know you're not going to like it but I reckon you have zero chance of winning the dispute and I'd suggest you have alsmost zero chance of winning a small claims against ebay for siding with the buyer. Small calims will say that you entered into a contact with ebay which says their decision is final in a dispute and that'll be that.
    Are you a solicitor?

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    damn, hadnt realised that. It does seem that people are too quick to hit the dispute button

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Quote Originally Posted by mcmiller View Post
    Are you a solicitor?
    no, but I've been down that road with Citizens Advice and Consumer Direct and both told me that I had little grounds for complaint as I had agreed to ebay's T's and C's - and they seemed very knowledgable on the subject as I'm guessing they get asked it many many times.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Did the motherboard have a manual?

    If it did then why is he saying "it just keeps beeping" and not actually diagnosing the beeps?

    Probably because he has zero experience in building a PC?

    Either way take the motherboard back, test it, if it works relist it or sell it on here or another PC forum.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    i would agree with daniel, you should take the motherboard back but dont refund right away if the condition is different to when you sent. check that the cpu socket pins are not damaged. if they are contact paypal again and let them know. show them the pictures and just keep fighting. i've been down that road before and so long as you keep all your proofs then it should be straight forward. otherwise it will be a pain.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    And the verdict is..... broken pin on motherboard (obviously caused by the buyer).
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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Typical, probably best to take a photograph of it and upload it to the paypal dispute. Making sure its clear that it was the users fault. Was the mobo sealed before sending it out?

    Edit: Even a little box and arrow to point out the damage - never know what level of technical competency the paypal people are.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Quote Originally Posted by ta2 View Post
    And the verdict is..... broken pin on motherboard (obviously caused by the buyer).
    Given his command of spelling/grammar, I'm not surprised his command of a screwdriver (irrespective of how many systems he may claim to have built) is roughly equivalent to that of an earthworm.

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Any pictures for us nosy lot to see?
    Quote Originally Posted by TAKTAK View Post
    It didn't fall off, it merely became insufficient at it's purpose and got a bit droopy...

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    LOL, sure one sec.
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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    Here ya go... the second photo isn't so good... I think it would be better if the flash didn't go off but it is still pretty obvious. I can see if from across the room because the light doesn't reflect off of where the pin should be.

    Before:



    After:

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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    He returned it with the CPU socket cover missing too.
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    Re: Sold NEW Mobo on eBay, Guy Has a Problem With It

    What did he do..throw it in and hoped it fitted?
    Quote Originally Posted by TAKTAK View Post
    It didn't fall off, it merely became insufficient at it's purpose and got a bit droopy...

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