eBay purchase, am I'm being unrealistic?

English law essentially comes down to reasonableness and I don't think he took the steps one would expect a reasonable person to take to make known the condition of the club. The club doesn't look 'used' in my opinion, it looks worn out. I wouldn't be happy. You're not buying a house; Caveat Emptor doesn't apply, particularly since you're purchasing at distance and can't inspect the goods physically.


The seller putting photos up that appear to deliberately mislead the buyer by hiding undisclosed wear and resin is unacceptable in my opinion. 'Used' does not mean worn to the bone and covered in epoxy resin.

I would point this out in your PayPal dispute too (if you haven't already) - eBay's 'used' policy for golf clubs is below:

"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 an item that has been returned to the seller after a period of use. See the seller’s listing for full details and description of any imperfections." (underlining added for emphasis)

It very clearly states 'see the seller's listing for full details and description of any imperfections'. By eBay's own policy wording the seller's argument that a 'used' badge is enough to put you on notice that the item might be more worn than one would think is null and void I would argue, particularly in respect of the resin on the club.

I agree with others in that the listing would have rung alarm bells with me though. I probably wouldn't have bought it based on the pictures because it's obvious he has something to hide. Still, he doesn't have a chance. Make sure you flag up all the above if you haven't already :thup:
 
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Not sure what the seller has done wrong, as long as the club is only cosmetically affected. And I think all of us who do buy on eBay do so with that element of risk. However, saying that, I would feel cheated if that arrived on the doorstep. Chance we take I guess.
 
As other people have said Dave when listing clubs on eBay I personally list a crown pic, sole pics, face pick, shaft pic and grip pic, then I list any small chips and so on... That way people buy with exact expectations.

I wasn't naive enough to believe I would be getting a new club, far from it..... But likewise if the images do not shows true damage and the listing doesn't say face cleaned with wire brush why would I have any reason to believe that would be the condition.
 
I'm the same regarding the posting of pics, sometimes it feels like I'm doing myself out of a sale!

Good luck with the appeal :thup: Hope it gets resolved in a satisfactory manner.
 
Scrindle said:
English law essentially comes down to reasonableness and I don't think he took the steps one would expect a reasonable person to take to make known the condition of the club. The club doesn't look 'used' in my opinion, it looks worn out. I wouldn't be happy. You're not buying a house; Caveat Emptor doesn't apply, particularly since you're purchasing at distance and can't inspect the goods physically.


The seller putting photos up that appear to deliberately mislead the buyer by hiding undisclosed wear and resin is unacceptable in my opinion. 'Used' does not mean worn to the bone and covered in epoxy resin.

I would point this out in your PayPal dispute too (if you haven't already) - eBay's 'used' policy for golf clubs is below:

"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 an item that has been returned to the seller after a period of use. See the seller’s listing for full details and description of any imperfections." (underlining added for emphasis)

It very clearly states 'see the seller's listing for full details and description of any imperfections'. By eBay's own policy wording the seller's argument that a 'used' badge is enough to put you on notice that the item might be more worn than one would think is null and void I would argue, particularly in respect of the resin on the club.

I agree with others in that the listing would have rung alarm bells with me though. I probably wouldn't have bought it based on the pictures because it's obvious he has something to hide. Still, he doesn't have a chance. Make sure you flag up all the above if you haven't already :thup:
Click to expand...

Nicely worded ;)
 
Oddsocks said:
That was two years ago, they are now only £79. New, for almost £50 I expected it in reasonable condition
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You thought you were getting a bargain, that's why you dived in and bought it.
When it turns out to be a normal price for a normal 2 year old club, you've got the hump.
As I said, do it up and flog it for a profit
 
I didn't think I was getting a bargain, I thought I was getting a club in fair condition at a reasonable price, in relation to a new model. There seems a big difference bob.
 
Without getting into whether you've been deliberately done , and whether it cosmetically looks nice or not ...

Does it actually do the job of hitting a ball a long way down the fairway ?
 
I have a lot of marks on my G25 from hitting balls and it is clearly visible so I wouldn't have been surprised at the state of the face in the picture and the reasoning behind it. If you don't want it flog it. If it works keep it
 
DaveM said:
Your covered by the consumer act, for buying over the internet. They have to refund. Don't take no for an answer.
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If you're referring to distance selling regulations, it's true that they apply to eBay despite it being labelled an 'online auction' (DSRs usually don't apply to auctions but the OFT (when it still existed) did not class eBay as an auction site for DSR purposes), however, DSRs don't apply to private sellers such as those simply selling off unwanted items.

Shame really, because it would instantly solve OS's problem!
 
Oddsocks said:
In an effort to end this I requested a partial refund that was relative to the condition.... I got this in response


"Once again and for the final time, the item was listed as used , the item also had a description with the auction . The buyer made no effort to find out the exact condition on the club before they purchased the item, they had 7 days to do so during the auction . I am a golf professional myself and have been for the past 6 years . I took this club in part exchange from a customer of mine. The club is in perfect working order . The paint on the face has faded due to hitting golf balls with it because it is a USED club . In no way will this effect the loft or C.O.G of the club and in tern will not make a difference to the performance of the club . "

I think this speak volumes for the seller........ I have to now wait 8 days before I can escalate it to ebay support.

Note to self, when using snipe at the last minute, make sure you have seen the club and other images respectively.
Click to expand...

I may be wrong and someone more knowledgeable may be able to confirm but if he's a pro selling clubs he's taken in part exchange shouldn't he be registered as a business seller? It's not his own personal club he sold you. I doubt the PGA would be impressed by his 'deliberately' vague listings.
 
Just open a an Ebay/Paypal dispute, you'll get your money back in no time I reckon.
The listing looks either lazy or it's meant to deceive IMO, sellers these days have to be sure they list any faults and things not included in the sale.
 
Best you can hope for is a small reduction in price. However your negative feedback (which I wouldn't have done until after the dispute finishes) may mean that he accepts only a refund ... In which case you need to foot the bill to return it to the seller.

....located in Basingstoke, it wasn't me selling though ;)
 
BTatHome said:
Best you can hope for is a small reduction in price. However your negative feedback (which I wouldn't have done until after the dispute finishes) may mean that he accepts only a refund ... In which case you need to foot the bill to return it to the seller.

....located in Basingstoke, it wasn't me selling though ;)
Click to expand...

I'll ship it through our work ups account so it won't cost me a penny.

Regarding the feed back, I've purposely left it so others do not get bitten. Personally is rather lose the £50 than see others also go through this.
 
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