Expensive item not as described - I paid privately for courier collection

[wderanged]

Hi,

I just took delivery of an expensive item and it has a fault that wasn't mentioned in the auction or in correspodence.  It is a Professional Video Monitor CRT screen and unfortunately it has an issue called burn in, where something that was previously displayed on the screen has become burnt into the phosphor.  It is well known that this can happen and is something that should be mentioned in the sale.

In correspondence I asked the seller if the tube was in good condition and mentioned that I was tired of buying worn out screens.  He reassured me that the screen was in fantastic condition.

As he lives a few hundred miles away and it is a very large, heavy object I paid for a private courier to collect it.  This cost me £55.

The seller has a good rep and seems to sell a lot of these so I'm hoping he just never bothered to check for the issue rather than any deception going on.

Can anyone recommend how I should procede?  Do I have any grounds to claim the courier fee, or at the least, have the seller pay for the return so that we are both equally out of pocket?

Thanks!

[*guinevere*]

If the item was collection only, and you arranged for your own courier then you don't have any recourse, neither would you if you'd paid via Paypal.

If you had collected in person you would have been expected to thoroughly inspect it and only pay when you are satisfied it's what you want.

You can see if the seller is willing to come to some arrangement with you, it is his call, but as far as ebay goes, you are not covered by the MBG.

There is no way of enforcing any refund from ebay either for the courier or the item.

[wderanged]

That is disheartening. So it's looking like my best option is to ask for a partial refund. I'll have to take the hit and relist it with a clear description of the issue.

[*guinevere*]

That is one thing you could try, but as it stands, the seller doesn't have to do anything legally.
Check out the MBG:

https://www.ebay.co.uk/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-poli...

Particularly the bit further down the page about what's covered and what's not covered.

[wderanged]

It does look as though you are correct, ebay will not offer me any protection as I went with a third party courier.

I did read up on Paypal's buyer protection exemptions and found the following line.

"purchases of items which you collect in person, or arrange to be collected on your behalf (including at a retail point of sale) and which you claim to be Not Received"

The first part clearly states that collection in person is exempt, but the second part suggests that I would only be exempt if I claim to have not received it.

[rusticrye]

There is no buyer protection whatsoever for collection items with PayPal, or in law (the law states 'caveat emptor' - buyer be aware). You are expected to fully examine and test an item personally, and then pay in cash or by bank transfer once you're happy that it's as described.

In any case, no seller in his right mind will allow a buyer to pay for a collection item with PayPal, as it is totally unsafe.  If you do, your payment is likely to be refunded, and quite rightly so, and your Ebay ID added to the seller's Blocked Bidders List.

@wderanged

[luxe-deals]

I haven't read the item description of course.

If it's a CRT monitor I would expect it's hardly new (understatement) and therefore, a fair proportion of CRT monitors might well have 'burn' or faults/issues characteristic of that type. Depends if it was described as in good, excellent or perfect working order. If it was described as 'in working order' then "morally" I would say *some* screenburn might be likely. If the level of screenburn prevented you getting normal use out of it, that would be different

That disregardsissues surrounding ebay rules on courier-pick-up of items

[wderanged]

It was described as being in excellent condition. I even specifically asked about burn in and he reassured me that it had none and had plenty of life left in the tube.

But thankfully the drama looks to be over. He's being an absolute gent about the situation and is offering me a replacement at his delivery cost.

So things are looking good. Thanks for the replies.

[61stephenuk]

Thats good news,seems like a good seller

[*guinevere*]

You've got a great seller there 🙂

[plpmr]

"The seller has a good rep and seems to sell a lot of these"

That sounds like a business seller and you could get trading standards involved - more so if they are a business seller trading as a private seller.

[61stephenuk]

The Paypal user agreement was updated Sept 24 2020 

https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB

If you look under Buyer Protection

>Ineligible items and transactions under PayPal Buyer Protection

Payments for the following are not eligible for reimbursement under PayPal Buyer Protection:

    Real estate, including residential property.

    Financial products or investments of any kind.

    Businesses (when you buy or invest in a business).

    Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards.

    Significantly Not as Described claims for wholly or partly custom-made items or items picked up in person.etc

My Bolding

[wderanged]

It very much looks like I'm entirely screwed. Hopefully the seller has made an honest mistake and didn't notice the problem. I'll get in touch and see what he says.