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Thread: Ebay 'not as described' Hell Help

  1. #51
    Grand Master
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    I find it incredible that the buyer, who subsequently sold the watch on, mis- described the watch as automatic. Canít see how heís got any chance of returning the watch to the original seller (the OP) after heíd chosen to misdescribe it and sell it on.

    I do find it amazing that folks canít tell the difference between hand- wound and automatic watches, if they canít they shouldnít be selling them.

  2. #52
    Quote Originally Posted by stefaulkner View Post
    Does the 180 day PayPal scheme apply to private sales?

    sounds to me like the purchaser only bought the watch to flip for a profit. If it was a genuine purchase, he would have realised within a few days that the watch was manual when it stopped!
    Nothing wrong with buying for profit on eBay. Maybe itís his business.

  3. #53
    Master
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    Quote Originally Posted by Kingstepper View Post
    Nothing wrong with buying for profit on eBay. Maybe itís his business.

    Maybe so, but the OP suggested that the buyer said he didnt get on with it, hence the reason for selling on.

  4. #54
    Quote Originally Posted by stefaulkner View Post
    Maybe so, but the OP suggested that the buyer said he didnt get on with it, hence the reason for selling on.
    Just speculation. OP said "obviously didn't think much of it", maybe was just being sarcastic.

  5. #55
    Master davidj54's Avatar
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    Quote Originally Posted by Kingstepper View Post
    Nothing wrong with buying for profit on eBay. Maybe itís his business.
    Then he should be more diligent.

  6. #56
    Craftsman
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    Quote Originally Posted by Murraypops View Post
    Hi folks, very sorry to burden this with you all but I'm stuck with a ebay issue. I sold a nomos 701 over a month a go and the buyer, who obviously didn't think much of it, sold it on.

    It seems I foolishly listed the item as 'automatic' when it's obviously manual.

    The 2nd buyer has now had it verified at a jewellers that it's manual and wants to return it. Consequently the 1st buyer is threatening me with a ebay 'not as described' case and looking for a refund.

    Thing is, I really don't believe the 2nd buyer thought it was automatic (he sells a lot of decent watches). Also, I sold it as new but now it's 3rd hand and had the case back opened etc.

    Can I have your thoughts on this? The sale was over the 30 days but not sure if I'm thinking illogically about the refund.

    Sent from my CPH2005 using Tapatalk
    If the watch was unworn and in original condition then you could accept a return within the return window (not sure if you specified 2 weeks or 4 weeks) but otherwise your buyer has not right to return it.

  7. #57
    Master PhilipK's Avatar
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    Quote Originally Posted by Plissk View Post
    If the watch was unworn and in original condition then you could accept a return within the return window (not sure if you specified 2 weeks or 4 weeks) but otherwise your buyer has not right to return it.
    What makes you think that?

    The watch was advertised as an Automatic. It is a Manual. It is Significantly Not As Described. Hence the buyer has 30 (eBay) or 180 (PayPal) days in which to raise a - legitimate - SNAD claim, and it will be found in their favour. The "return window" is set by the selling or payment provider; the seller has no say in it.

  8. #58
    Craftsman
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    I'm amazed that the op has posted this. You significantly mis described the watch as an auto when it's a manual. You are a member of a watch forum so it's a given that you have an interest in watches. Why oh why did you describe it as an auto. Some geezer buying a watch on Ebay is not necessarily a watch geek but merely a social buyer.
    Personally I think you should refund and not look to squirm out of it because its gone down the line somewhat. You mis sold goods. Be the man and take it on the chin.

  9. #59
    Master Templogin's Avatar
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    The error is yours and your reputation stands on that OP. I would refund, and take it as an expensive lesson.

  10. #60
    Master blackal's Avatar
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    Quote Originally Posted by bobc View Post
    I'm amazed that the op has posted this. You significantly mis described the watch as an auto when it's a manual. You are a member of a watch forum so it's a given that you have an interest in watches. Why oh why did you describe it as an auto. Some geezer buying a watch on Ebay is not necessarily a watch geek but merely a social buyer.
    Personally I think you should refund and not look to squirm out of it because its gone down the line somewhat. You mis sold goods. Be the man and take it on the chin.
    Except that the buyer decided to sell it on without doing his own due diligence.

    You're making up a script to suit your view, too.

  11. #61
    And it wasn't the kind of watch bought by average Joe without some research.

    Had it been a £50 Rotary you might assume some naivety/ignorance by the purchaser.

  12. #62
    Master M1011's Avatar
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    Quote Originally Posted by blackal View Post
    Except that the buyer decided to sell it on without doing his own due diligence.

    You're making up a script to suit your view, too.
    Imagine Adam inherits a watch which turns out to be a fake. Adam sells the watch to Bob on SC, who then sells it on to Chris a month later. Chris subsequently points out it's a fake and there's no dispute that it's the same watch that originally was sold by Adam. Who do you think the watch should end up with?

    Why is this any different?

    Quote Originally Posted by kace View Post
    And it wasn't the kind of watch bought by average Joe without some research.

    Had it been a £50 Rotary you might assume some naivety/ignorance by the purchaser.
    Why? On this forum we're all a bit obsessed with the details, but don't forget we're an absolute minority in the watch buying realm. Most folk couldn't care less, many won't even know the difference between an auto and a manual. I've personally seen a man returning a relatively pricey watch to an Ernest Jones because the battery ran out the day after he bought it, only to have a sales associate explain that it doesn't have a battery... these folk exist!

    The fact the middle guy included automatic in his description of the watch when selling it on suggests to me he genuinely believed it was an auto. If there's an alternate explanation I'm missing it.

  13. #63
    Quote Originally Posted by Murraypops View Post
    The only other part of this saga that baffles me is that the original buyer has filled for a refund of a watch he doesn't currently own. The impression I get is the 2nd buyer is considering a refund, I'm not sure he's actually taken steps to ask for a refund nevermind send it back. Surely the original buyer should check the condition of the watch before any further action?!
    I see it as this; there are three parties and two transactions, the second of which you logically cannot have responsibility over. The dispute between the 1st and 2nd buyer is none of your business. You cannot guarantee the condition of the watch, the way it was packed and shipped or even if it was the same watch. If the first buyer is asking for a refund you should point this out to the buyer, eBay, paypal, etc.

    To progress further, the return to the 1st buyer must complete (their refund, etc. to the 2nd is their business). It's only at this point that the 1st buyer is an a position to establish the nature and condition of the watch themselves, and then be able to return it to you and request a refund.

    Your primary goal here is that the watch must be in your hands, in the condition as sold, for you to be able to make a refund.

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