help legal standpoint ebay sale

[danroyle]

need your help guys about a sale.

i sold a dfi motherboard i had lying around on ebay i put on the listing that it was working and that i would accept returns within 7 days if it was DOA. sold item 27th jan
about 2 weeks after i sold it i get a message from the buyer saying it has blown up and he has taken it to a shop to verify that and they have agreed.
the guy seemed nice so i said to him even though the 7 days had passed i would help him to try and RMA it. and verbally on the phone i said that if DFI would not accept the rma i would give him a refund.

SO i hear nothing until today when the guy messages me saying he sent it to dfi and they refused to fix it as he bought it from ebay.

This is were it gets odd the guy says he has thrown the board away also as the shop said it was dead, obviously i am dubious about giving the guy a refund without even seeing my board to check it myself,

So i emailed him back saying that i need the board back to give him a refund or at least the letter from dfi saying they refused to fix it.

I just got an email saying sorry dude i chucked it away 4 days ago.


SO this is were i need help were do i stand i am not giving this guy a refund without getting the board back does anyone know if i am within my rights to do this as i don.t wanna screw the guy over but am very sceptical as to why he threw it away.

if you buy a tv from currys and it dies you dont go into currys and say i wanna refund but i threw the tv away do you!!


CHeers for all the help as usual guys

and apologies if this is in the wrong section

[MadduckUK]

dont you sodding dare give him a refund

[gss03]

If he's chucked it then I think it is entirely in order that no refund is forthcoming.

I'd want the board back with me (dead or alive) before I even though of refunding any cash. If he can't be bothered to send it back to you for a refund, then you shouldn't be bothered to refund him.

[0iD]

Aye, if he's binned it, it's tough, no refund due to no evidence of it being at fault.

[handscombmp]

I'd personally not give him a refund as like you said you don't ask for one in currys if you threw the Tv away.
Also he could be trying to screw you so at least have a letter from DFI.
If you are nice though you could give him half the refund.

[shadowmaster]

Dont give him a refund....

Whats his feedback like?

[moogle]

Don't give the refund, his fault if he threw it away (teach him next time for being so stupid).

[finlay666]

Tell him you will give a refund when you receive the board back. No board for YOU to test, no refund.

Not surprised DFI wont take it back tbh, but he should have contacted you first for the return.

[danroyle]

the guys feedback is 100% positive.

@shadowmaster did consider the option of giving him half refund if he cant produce the board,


his argument is that i promised to give him a refund if dfi didn't accept the board, which i put my hands up and say i did however i expected to recieve it back as i said i would not give him the refund until i had checked the cpu socket to make sure he hadn't killed it putting the cpu in badly.

am very annoyed about all this i have 100% feedback on ebay over 5 years and perfect feedback here and pride myself on being a nice honest person.

[Tonka777]

+1 for not giving him a refund until you receive the board back yourself.

Interestingly, i had a mate who sold a DFI board as untested on ebay, the buyer of that contacted him to say that it was dead and demanded a refund - even though the description clearly said untested and no returns. The guys filed a dispute with paypal, who favoured with the seller as he had clearly stated the conditions of the sale. Things got very nasty after that, the guy went through the electoral role and got his address and began threatening to 'come and see him', this was along with lots of threatening e-mails and phone calls. My mate ended up having to get the police involved, and had to delete his ebay and paypal accounts and start again. The police contacted this guy and informed him that if he continued with his actions they would get involved. So much for paypals seller protection!

I hope your situation doesn't get as bad as that!

[TAKTAK]

don't give him any refund until you have proof that the board is faulty and not just his word, for all you know he could be a scammer, or had his account hacked...

[mac124]

If he's chucked it then I think it is entirely in order that no refund is forthcoming.

I'd want the board back with me (dead or alive) before I even though of refunding any cash. If he can't be bothered to send it back to you for a refund, then you shouldn't be bothered to refund him.

Most definately this ^^^

[piggin23]

I would not give him a refund, sounds very suspicious.
He has not complied with your request (return MB to you)
Let him take it to paypal and let them settle it. If your terms and conditions say that it is untested and sold that way then there will be no problem.

[dave87]

I personally think he's spotten an easy opportunity to have his cake and eat it tbh.

Unless he can provide the conversation he had with DFI or the board back for inspection, I wouldn't refund him.

[Blitzen]

Tell him to eff off!
No board...no refund.

Even if he put a complaint into Ebay/Paypal, they will not make you refund until AFTER he has returned the board to you. (Which he cant do as he says he doesnt have it).

I prefer to sell things here now. OK...so you might get a little less, but at least it not a mountain of agro.

The bloke is obviously trying it on.

[mehmeh]

+1 No board, no refund!

If he's got decent feedback and been on ebay a while, he damn well knows how it works. What I would do though is double check on where you stand with Paypal, as while its nice to think they will use common sense and agree the board needs to be returned prior to a refund, it never used to work like that and they would issue a refund telling the buyer they should return the item to the seller, which ofcourse never happened.. I've been outta the loop for a while though, thank god for no longer relying on ebay for an income!