S: Ebay sellers trying to hide behind an "As Is" policy

DarkFury · 07-14-2008, 04:34 PM

Well, I'm in a bind right now...

I bought an amplifier off of Ebay from a seller (one of those "ISoldIt" operations who sent me a unit that was defective... The amp arrived with no fuses in it and when fuses were later put into it and it was placed on a test bench it was proven to be defective.

In their auction, they did say "All items sold 'As Is'" however they did also say that "Customer satisfaction was guaranteed" as well.

Well, paying about $70 for a hunk of metal that doesn't work really doesn't satisfy me. They claimed that they couldn't test the unit prior to sale, however I took it to a local car audio store and it took them 5 mins to tell me "yep... it's a bad amp".

So now I gotta figure out how to handle this. Of course I used PayPal and paid with a credit card, so I figure I still have some options there.

It just kinda sucks that some seller try to hide behind "As Is" to absolve themselves of any responsibility for what they are selling. Like folks just want to buy "junk parts".

Hindsight 20/20 tells me... "you dummy...why did you bid on an "as is" unit?" But had it worked it would have been a decent deal. Well dayuum... now I gotta get the runaround on this one.

MrGreg · 07-14-2008, 04:53 PM

So the auction didn't say they had tested it before hand?

ArkiStan · 07-14-2008, 07:08 PM

I know what you're going through. Once I bought bad amp online and because it wasn't covered by the seller it took me several months to go through local electronics shops to fix it. It sucks but don't hit yourself over the head too much. There's always a certain amount of risk you have to take to score good deals on the internet and you can't win 100% of the time. You should be covered by your credit card/paypal.

DarkFury · 07-14-2008, 07:19 PM

Quote:

Originally Posted by MrGreg

So the auction didn't say they had tested it before hand?

They said..

Quote:

Item Description:

You are bidding on one (1) MTX AUDIO THUNDER 600XD 600 WATTS RMS CLASS D, AMP

The MTX Audio Thunder 600XD has a 1200 watt max power with 600watts RMS. The 600XD is a class D amplifier with a frequency response of 20-200 Hz. This item is used, there is no way to test and you are bidding at your own discretion.

FEATURES:
MTX Audio Thunder 600XD
1200 watt max power
Class D amplifier
used (there is no way to test this item)
ED/237

YOU WILL RECIEVE WHAT IS IN PHOTOS ONLY / IF POSSIBLE ITEMS TESTED TO POWER ONLY
We are currently NOT shipping to Canada.

It is the responsibility of the bidder to inspect the photos and ask questions before bidding. If an accessory or any other item is not pictured or specifically described in the above listing then it is not included in this auction. If your e-mail questions are not answered to your satisfaction, please do not bid as we do not sell on approval.

Buyer Satisfaction Guarantee:
All our auctions are sold AS IS however your satisfaction is our goal. If our description was in error or if you are not completely satisfied you must contact us by phone or e-mail with-in three days of receipt of the item. Items which are to be returned must be shipped with-in five days of receipt and must contain a Returned Merchandise Authorization number provided to you by us, returned in the same condition as received and similarly packed. The buyer is responsible for all return shipping and insurance cost.

Shipping Cost Calculation:
Please scroll down to the Shipping section below and click on the Calculate Shipping button. You can enter your zip code, click GO and the actual shipping cost will be displayed.

Shipping:
We ship with-in 3-5 business days after receiving your payment. We reserve the right to use shipper of our choice. Insurance is the responsibility of the buyer and required on winning bids over $100.00 and all pottery, glass, china and most electronic items. A signature is required for items with a winning bid over $250.00.

Payment:
Please pay using iSold It invoice which will be e-mailed to you shortly after the end of the auction. Using the iSold It checkout will allow you to choose your preferred carrier. We accept Pay Pal, Visa or Mastercard online or by phone. Money Orders are accepted however you must contact the store prior to mailing for additional information. Payment is due with-in seven days from close of the auction. Failure to pay after ten days will void your purchase.

Electronic Equipment:
Electronic equipment such as computers, cell phones, stereo and musical equipment are powered on but not tested.

The words "As Is" are at the top of the listing in a banner...

Quote:

ALL ITEMS ARE SOLD AS-IS

By bidding on this item, you are agreeing to all information,
terms and conditions contained throughout this listing.
Please read thoroughly and bid accordingly.

Pretty much, As Is to me means.. what you see is what you get. Not... we are selling a non working unit for parts. But of course they take it as, buyer assumes all risk (which is kinda a crock since technically they could have just sent me an amp shell and said "what you see is what you got". Essentially, that is exactly what I got...)

chrissy · 07-14-2008, 08:49 PM

This could be tough. But I would file with paypal/credit card because even though it is "AS IS" and could not be tested, it doesn't say it is NOT in working order.

It's a fine line, but I would ride it out. File the claim stating that it was not working when recieved and the auction didn't state broken.

They don't care about "AS IS" or "All sales are final" in the auctions. The seller needed to be more clear that he equipment wasn't working not just not tested.

DarkFury · 07-14-2008, 09:11 PM

I agree chrissy...

It just seems foul that people think that they can sell stuff and place the burden on a buyer who can't prove before purchase that it is working or not.

Honestly, that is a lack of "good faith" in my opinion.

Prngr44 · 07-15-2008, 08:21 AM

"You are bidding at your own discretion"

Kind of hard to argue with that.

DarkFury · 07-15-2008, 08:34 AM

yeah.. I know. I'm still gonna try though.

InfiniteNothing · 07-15-2008, 08:38 AM

If I catch it, I never bid on "As is". In ebay terminology "as is" means broke.

DarkFury · 07-15-2008, 08:40 AM

Quote:

Originally Posted by InfiniteNothing

If I catch it, I never bid on "As is". In ebay terminology "as is" means broke.

I'm definitely with you on that.

I've learned my lesson... now I'm just trying to get a refund on the tuition.

chrissy · 07-15-2008, 09:46 AM

Quote:

Originally Posted by Prngr44

"You are bidding at your own discretion"

Kind of hard to argue with that.

That is true with any auction on any site. If it's not one thing (broken when recieved), it's another (not showing up at all or severly not as discribed).

Prngr44 · 07-15-2008, 11:07 AM

I think their customer satisfaction guaranteed thing should be easy enough for you. Perhaps you bought it with the intent of using the fuses in the amp and since they weren't there you weren't satisfied.

GuruX · 07-15-2008, 11:36 AM

I do agree that it's bad that people will hide behind an "as is" policy like that. Stupid scammers.

While it definitely sucks to be in this situation, I figure I'd bring a bit of humor into this:

If Everyone on eBay was forced to be honest

DarkFury · 07-29-2008, 09:07 PM

And the Dark man wins again...

Quote:

Dear DarkFury,

We have concluded our investigation into your case and have decided in your favor.

We were able to recover $68.47 USD and this amount has been credited to you. Please allow five business days for this adjustment to be posted.

If you are due any additional funds, we will make our best effort to recover the balance from the seller.

If the seller's account has insufficient funds to complete the refund owed to you, please be assured that we will take appropriate action against the seller's account, which may include limitation of the seller's account privileges.

Sad thing is... per PayPal's rules, I had to return the unit to them at MY expense, and they had the nerve to REFUSE the delivery sending it back to me (it was on my porch this afternoon).

Seriously, these folks need to be run out of eBay.... they have no clue as to what "customer service" is and trying to hide behind an "as is" policy for selling JUNK to people. Paypal even re-affirmed to me over the phone that "as is" does not mean non-functional unless that is clearly stated in the listing.

Sometimes you just gotta be glad when stuff like this works out in your favor. YAY!!!!

cheapie · 07-30-2008, 07:51 AM

wOOt!

renovation · 07-30-2008, 01:48 PM

ha you tryed returning it and they refused it. make sure you take photos of the declined shipment and let the credit company know. i think you have a amp for spair parts unless the credit company ask for it to be sent to them.and i think that wont happen as they have no place for the junk .

DarkFury · 07-30-2008, 01:59 PM

Honestly, since I already cleared the refund with Paypal, pretty much if that company wants this broken amp back, they will have to pay for it now. I'm not sending it to them again for free.

The FedEx log showed their decline... and I didn't even re-open the box. Pretty much it's a done deal as far as I'm concerned.

BigJon · 08-04-2008, 11:34 AM

Hey, look at the bright side...now you can make $70 extra by selling it "as-is" on ebay.

Kidding...

DarkFury · 08-04-2008, 12:17 PM

I'm contemplating now whether or not I should leave a scathing negative feedback for them... or just let it go.

Prngr44 · 08-04-2008, 12:29 PM

Do it!

Cheesypuff · 08-04-2008, 07:29 PM

df...you should leave feedback on the last possible moment, so when they try to leave you feedback, they can't because time expired! hehehehe

plus...they can't leave you neg feedback can they? i thought that was a new policy of ebay.

WhiskeyPapa · 08-06-2008, 01:00 PM

I'd leave a neg. That's what the system is there for.

I learned several years ago that "as is" = "broke", but the fact they represented the item as anything other than "for parts only" means it is fair on your part to assume the item is operational and complete.

I believe that's why PayPal sided with you. The seller can't hide behind an "as-is" warning.

Quote:

Originally Posted by Cheesypuff

df...you should leave feedback on the last possible moment, so when they try to leave you feedback, they can't because time expired! hehehehe

plus...they can't leave you neg feedback can they? i thought that was a new policy of ebay.

Yup. Sellers can't leave a neg. I'm liking that policy more and more.

Prngr44 · 08-07-2008, 08:30 AM

Quote:

Originally Posted by WhiskeyPapa

Yup. Sellers can't leave a neg. I'm liking that policy more and more.

I never had a problem with that if it was deserved, but in my experiences, sellers wouldn't leave any feedback until the buyer did, and in all cases, would basically reciprocate the same rating. You give me good rating, I give you good rating. Bad rating = bad rating (whether deserved or not.)

Let us know if the jerks contact you anymore DF.

07-14-2008, 04:34 PM	#1
DarkFury Secretary of the Navy Join Date: Feb 2001 Location: Chillin' N Da 'Hood Posts: 33,486	S: Ebay sellers trying to hide behind an "As Is" policy Well, I'm in a bind right now... I bought an amplifier off of Ebay from a seller (one of those "ISoldIt" operations who sent me a unit that was defective... The amp arrived with no fuses in it and when fuses were later put into it and it was placed on a test bench it was proven to be defective. In their auction, they did say "All items sold 'As Is'" however they did also say that "Customer satisfaction was guaranteed" as well. Well, paying about $70 for a hunk of metal that doesn't work really doesn't satisfy me. They claimed that they couldn't test the unit prior to sale, however I took it to a local car audio store and it took them 5 mins to tell me "yep... it's a bad amp". So now I gotta figure out how to handle this. Of course I used PayPal and paid with a credit card, so I figure I still have some options there. It just kinda sucks that some seller try to hide behind "As Is" to absolve themselves of any responsibility for what they are selling. Like folks just want to buy "junk parts". Hindsight 20/20 tells me... "you dummy...why did you bid on an "as is" unit?" But had it worked it would have been a decent deal. Well dayuum... now I gotta get the runaround on this one. __________________ DarkFury's Pimptopia - Don't Hate the Playa, Hate the Game! Home of the Original OG Pimp (accept NO imitations)

07-14-2008, 04:53 PM	#2
MrGreg Commander Join Date: Jul 2000 Location: Beaverton, OR Posts: 1,296	So the auction didn't say they had tested it before hand? __________________ -The nerd formerly known as vectorcalculus

07-14-2008, 07:08 PM	#3
ArkiStan Admiral Join Date: May 2000 Location: living with my mommy Posts: 5,543	I know what you're going through. Once I bought bad amp online and because it wasn't covered by the seller it took me several months to go through local electronics shops to fix it. It sucks but don't hit yourself over the head too much. There's always a certain amount of risk you have to take to score good deals on the internet and you can't win 100% of the time. You should be covered by your credit card/paypal. __________________ Please keep sigs 25kb or smaller.

07-15-2008, 08:21 AM	#7
Prngr44 Captain Join Date: Feb 2003 Location: St. Louis Posts: 1,991	"You are bidding at your own discretion" Kind of hard to argue with that. __________________ http://otthouse.blogspot.com

07-15-2008, 08:38 AM	#9
InfiniteNothing Fleet Admiral Join Date: Aug 2002 Location: San Diego Posts: 9,537	If I catch it, I never bid on "As is". In ebay terminology "as is" means broke. __________________ I guess that would mean turning signatures back on. I haven't had them on for ~2 years.

07-14-2008, 08:49 PM	#5
chrissy Vice Admiral Join Date: May 2000 Location: OKC Posts: 4,952	This could be tough. But I would file with paypal/credit card because even though it is "AS IS" and could not be tested, it doesn't say it is NOT in working order. It's a fine line, but I would ride it out. File the claim stating that it was not working when recieved and the auction didn't state broken. They don't care about "AS IS" or "All sales are final" in the auctions. The seller needed to be more clear that he equipment wasn't working not just not tested.

07-14-2008, 09:11 PM	#6
DarkFury Secretary of the Navy Join Date: Feb 2001 Location: Chillin' N Da 'Hood Posts: 33,486	I agree chrissy... It just seems foul that people think that they can sell stuff and place the burden on a buyer who can't prove before purchase that it is working or not. Honestly, that is a lack of "good faith" in my opinion.

07-15-2008, 08:34 AM	#8
DarkFury Secretary of the Navy Join Date: Feb 2001 Location: Chillin' N Da 'Hood Posts: 33,486	yeah.. I know. I'm still gonna try though.

07-15-2008, 11:07 AM	#12
Prngr44 Captain Join Date: Feb 2003 Location: St. Louis Posts: 1,991	I think their customer satisfaction guaranteed thing should be easy enough for you. Perhaps you bought it with the intent of using the fuses in the amp and since they weren't there you weren't satisfied.

07-15-2008, 11:36 AM	#13
GuruX Rear Admiral Lower Half Join Date: Feb 2001 Location: Calgary Alberta Canada Posts: 2,182	I do agree that it's bad that people will hide behind an "as is" policy like that. Stupid scammers. While it definitely sucks to be in this situation, I figure I'd bring a bit of humor into this: If Everyone on eBay was forced to be honest __________________ I reject your reality and substitute my own. - Adam Savage

07-30-2008, 07:51 AM	#15
cheapie Chief of Naval Operations Join Date: Aug 2002 Location: raising my pimp hand strong Posts: 12,360	wOOt! __________________ 70% of the world is covered by water. The rest is covered by Bob Sanders

07-30-2008, 01:48 PM	#16
renovation Rear Admiral Upper Half Join Date: Jan 2003 Location: by a lake in michigan Posts: 3,680	ha you tryed returning it and they refused it. make sure you take photos of the declined shipment and let the credit company know. i think you have a amp for spair parts unless the credit company ask for it to be sent to them.and i think that wont happen as they have no place for the junk . __________________ be careful of what you wish for . you may get a ton of junk e-mail ! smile or f-off

07-30-2008, 01:59 PM	#17
DarkFury Secretary of the Navy Join Date: Feb 2001 Location: Chillin' N Da 'Hood Posts: 33,486	Honestly, since I already cleared the refund with Paypal, pretty much if that company wants this broken amp back, they will have to pay for it now. I'm not sending it to them again for free. The FedEx log showed their decline... and I didn't even re-open the box. Pretty much it's a done deal as far as I'm concerned.

08-04-2008, 11:34 AM	#18
BigJon Vice Admiral Join Date: Sep 2000 Location: In the kitchen...skinning onions... Posts: 4,849	Hey, look at the bright side...now you can make $70 extra by selling it "as-is" on ebay. Kidding... __________________

08-04-2008, 12:17 PM	#19
DarkFury Secretary of the Navy Join Date: Feb 2001 Location: Chillin' N Da 'Hood Posts: 33,486	I'm contemplating now whether or not I should leave a scathing negative feedback for them... or just let it go.

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08-04-2008, 12:29 PM	#20
Prngr44 Captain Join Date: Feb 2003 Location: St. Louis Posts: 1,991	Do it!

08-04-2008, 07:29 PM	#21
Cheesypuff Vice Admiral Join Date: Dec 2000 Location: Cali, but missing Hong Kong and Texas Posts: 4,462	df...you should leave feedback on the last possible moment, so when they try to leave you feedback, they can't because time expired! hehehehe plus...they can't leave you neg feedback can they? i thought that was a new policy of ebay. __________________ Life is like toilet paper, long and useful! The stars at night, are big and bright clap 4x deep in the heart of TEXAS!