Just wondering- if a seller fails to mention wear and damage to an item, does that constitute " not as described"? I bought something this week which is worn and marked, but this wasn't mentioned in the description. I've emailed the seller, who has apologised and refunded £5. In my opinion, the refund should be more and I've pointed this out, but I haven't heard anything since.

How much is £5 as a percentage of the original value?

Why not just raise a dispute and get a full refund if you're not happy? Got - 2017 SDV8 Autobiography in Loire Blue
Had- 2008 TDV8 Vogue SE in Java black
Had - 2007 S/C in Stornoway Grey

Yes, it is "not as described"

Where exactly did you buy it from ... guessing it was e-bay .... well under the new regulations that e-bay have introduced at the start of October you have every right to raise a case stipulating that the item was not as described and you will be able to get a full refund ...

If the seller decides not to refund you your money then escalate your case further through ebay ....

But make sure any point of contact you have with the seller is always carried out through e-bay's messaging service ====================================

"Open Mike Night " sounded like a lot of fun until i found out i was going to an Autopsy

I won an auction for a pair of towing mirrors. Cost £28 plus £10 postage. A new set average £55 in the shops. However, these have arrived and it looks like someone has tightened the thumb screws up with pliers as the plastic tops are all scratched. One of the mirror casings is scratched like it's been dropped.
There was no mention of any of this in the listing.
Do I get a full refund inc postage as well via eBay then? They'll cost £10 to send back.

Depends on when you bought them were they within a 14 day period of sale by the seller if so .....

Yeah same as above if not in the description contact the buyer through your e-mail messaging inform him that you want a refund plus the cost of return postage if he is unwilling to do so raise a case against him if he fails to get back to you within a specified timeline then escalate your case to e-bay's customer support ====================================

"Open Mike Night " sounded like a lot of fun until i found out i was going to an Autopsy

I don't mind hanging onto them as they are usable. It's only cosmetic. That said, the price must reflect the marks and scratches and at £38 I don't think they do.

I've asked the seller to refund the postage to sweeten the deal and I'll keep them - if he doesn't, I'll escalate it

I cannot give legal advice on this (and the info below may not be accurate), but if item is not as described and you want to return the item, IIRC the seller has to refund you the full amount you paid (including postage) but your postage costs returning to him are an issue for both parties to agree on (sometimes ebay may provide a refund for these costs, see link below).

they don't have to refund you your postage costs back to them if you are returning just because you changed your mind or didn't like, but item was exactly as described.

see step 4 and information below it on this link - ebay policy link MY11 Vogue 4.4 TDV8 - "African Queen"

as far as I'm aware, auction style sales are not subject to the same legalities as a buy it now listing. Did listing state new or used ? If new, you may have a case, if used, then general wear and tear is accepted.

and also, if he's already refunded a percentage, you may not be able to ask for more. Ebay will assume that the matter was sorted out, and then you changed your mind afterwards

if they are the items sold by rwaltd, they were stated as used -

Quote:

Used: An item that has been previously used. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or shop return that has been used. See the seller’s listing for full details and description of any imperfections.

  RR Sport Supercharged Vesuvius Orange 4.2 V8 First edition

Used is one thing but damage is another. I can live with used parts but as I said, these look like someone has took the pliers to them to tighten them up. That is not general wear and year IMO

I've just noticed one of the mirror arms is bent!!

Regarding the refund- I asked him to consider a partial refund and he sent £5 without asking my thoughts first. I told him it wasn't good enough and he hasn't responded since. I've now raised it via eBay.

In my experience with E-Bay disputes, they usually side with the buyer, so hopefully you'll be ok!  Got - 2017 SDV8 Autobiography in Loire Blue
Had- 2008 TDV8 Vogue SE in Java black
Had - 2007 S/C in Stornoway Grey

No reply from seller, so I escalated it. eBay have given a full refund 👍

........and you still have the mirrors? ... - .- -.




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