Is it OK to miss significant details from an ad when selling

[let-it-b]

My son recently bought a laptop, brand new and unopened. As it is on ebay.co.uk and didn't say anything to the contrary, he assumed it was a UK laptop. When it turned up it was an Italian laptop with Italian keybaord. He is currently disputing this with the seller, but the seller is refusing to take the laptop back. I think my son will eventually get his money back as in the seller's ad, the EAN in the listing is for a UK laptop and not an Italian one (they are different), so he can and is claiming the article is not as described.

This question is not about the dispute. That can run its course. The question is, if the seller is fully aware that it is an Italian laptop but deliberately omits to mention it, is it against any Ebay rules and can Ebay then take any action against the seller? If it is against their rules and they can take action, how can we trigger Ebay to take the action.

Or is it just a case of buyer beware?

[let-it-b]

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Thank you for responding. Is there a reply button on the forum?



He has done that, but so far it is not totally clear in the
correspondence that it was a deliberate attempt to mislead. The case
will run its course as the seller so far isn't budging, but is what
he did against Ebay's rules? It is obvious it was deliberate if you
read between the lines and that as soon a my son opened it, the
seller said it was an Italian keyboard (we wouldn't recognise one).

[papso22]

Ebay expects sellers to describe their items accurately and makes them responsible for the content of the listing. Even if the EAN wasn't wrong, not mentioning it was in Italian would be enough for a not as described case, if the item was listed on Ebay UK. You can't prove whether it was deliberate or a mistake.

[let-it-b]

I can't prove it was deliberate, but as soon as we queried it the seller said it was Italian and because he has a no returns policy he would not accept it back.

[john1297576]

"how can we trigger Ebay to take the action."

Simple answer is no. Only if the seller ignores the case and does not provide a Return Label or refund on return ,can you get Ebay involved. (Escalate)

Ebay provides the tools the Money Back Guaratee, it is up to buyers to use them.

They also provide the ability to leave Feedback, which I think justifies a Negative, but just say "An unsatisfactory transaction" then there is no reason for it to be removed.

This will be an expensive lesson for the seller, what with paying non refundable Paypal Fees and return tracked postage. If it is necessary to involve ebay they also do not get the selling fee refunded.

[red_magpie]

You can read eBay's item description policy here: https://www.ebay.co.uk/help/policies/listing-policies/item-description-policy?id=4372&st=12&pos=1&qu...

In common sense terms, if the item was listed on eBay UK can reasonable be expected to be a UK model, if this is significantly to a model for another country (for example voltage, language etc not UK). I think you can be confident that yuor son will win an "item not as described" case under eBay's money back guarantee. If it was listed on the Italian eBay site it would be different.

I'm not sure what you mean by an Italian keyboard? Can't the keyboard language be changed in the settings? If this would resolve the problem there's plenty of advice online on how to do it. The same would apply to the native language of the operating system etc.

[let-it-b]

How are you replying not as a comment? I don't have any reply button.

An Italian Keyboard has keys in different places and accent keys. If you change the language in Windows, the keys may function as an English keyboard, but what is printed on the keys may be very different.

I think the Item Not Described case should be easy as the Seller used an Ebay template which an EAN code on it and the EAN code is specific to the UK laptop. The laptop came in its original box and it had a different EAN which is the Italian code.

I personally would like to see the seller banned.

[tsmgmd]

Ignoring eBay for a moment UK law is quite clear where distance selling is involved.

The item must be described accurately and the listing must not be designed to deliberately deceive.

Once a eBay Money Back Guarantee is opened the seller will issue a prepaid label for the item return.

Once the seller gets the item a refund should be back in the PayPal account within 3 days.

The refund is made to the original payment source.

So your son just needed to check his PayPal account.

The refund will show even though it will not be added to the current balance if your son used a debit or credit card..That info will show under the refund detail.

PayPal will then transfer the refund amount to the source, this in practice takes a few days.

[pixiesen2012]

opening a not as described case notifies ebay

[let-it-b]

He has done that, but so far it is not totally clear in the correspondence that it was a deliberate attempt to mislead. The case will run its course as the seller so far isn't budging, but is what he did against Ebay's rules? It is obvious it was deliberate if you read between the lines and that as soon a my son opened it, the seller said it was an Italian keyboard (we wouldn't recognise one).

[tobiasd4]

Makes no difference what seller said, escalate case after 3 working days & let ebay sort.

[let-it-b]

Sorry I also replied by email because I couldn't find a reply button. Thank you for trying to help.

[let-it-b]

As I expected, my son has won his case.

What I have not been able to establish is if he would have won solely because the seller did not mention it had an Italian keyboard. The EAN code was the clincher, because it made it explicitly not as advertised, but had the EAN code not been mentioned, it would only have been implicitly mis-advertised by omission. I'd love a statement from Ebay.

[tobiasd4]

Ebay never see the item ,but if buyer claims not as described,ebay believe them & seller has to accept case.
This is unfair on seller sometimes if buyer lies.
But glad you got refund, your case was genuine.