Ebay: am I in the wrong here?

[DT4K]

Originally posted by: Beattie

Originally posted by: Argo

Originally posted by: Hammer
you're wrong.

So what am I supposed to do? Throw out $55 on something that's broken??? Wtf, yes, I'm probably wrong but I could care less he should've stated that the unit was broken and will require an anthena.

The unit IS NOT BROKEN!

Read that again.

Everyone here is telling you that the antenna is detachable and for some reason you insist that it's broken. If you bought a cell phone without a charger would you say the cell phone is broken? No. Simply that it doesnt come with a charger.

What about a cellphone without buttons?
Technically it isn't broken because the keypad can be taken apart, but it's not of much use without it.

The antenna is not an accesory. It is an integral part of that unit. The seller posted a picture of a unit with the antenna. He said the item he was selling would retail for $85, then linked to a unit WITH the antenna for sale for $85. He gave directions for setting up the unit without saying anything about replacing the antenna.

The seller was obviously trying to mislead people and hoping they wouldn't notice the fact that there was no antenna. Whether he is right or not in the eyes of Ebay, I don't know.

 

[slag]

Originally posted by: Argo

Originally posted by: RagingBITCH

Originally posted by: Argo

Originally posted by: minendo

Originally posted by: Argo

Originally posted by: Hammer
you're wrong.

So what am I supposed to do? Throw out $55 on something that's broken??? Wtf, yes, I'm probably wrong but I could care less he should've stated that the unit was broken and will require an anthena.

It is not broken. The antenna simply unscrews from the unit.

Ok, a hypothetical setup:

I sell you a computer. I state: "Video Card not included" and then I show a picture of a computer with a video card, playing a movie. To somebody who doesn't know computers it'd seem that the computer is in perfect working condition, yet they'll be in for a surprise when they receive it. Yes, I understand where everybody is coming from - but f&ck that, I'm not paying for a non-working unit.

Congratulations on just blacklisting yourself from bidding on a lot of people's auctions. Mine included.

OMG no... Please... I beg you.... Anything but not that.... F&cktard.

Wait a minute. You are calling him names when you are the one who cannot read?

LOL..

Actual written description of the auction takes precedence over any pics. He clearly stated no antenna and you bid on it. Live and learn. Its still not a bad deal and antennas are cheap.

 

[CTrain]

You asked for people's opinions and most of them didn't agree with you and now you get mad at them ??
The description of the auction itself is very short and in bold statement it say that antenna not included.
Its not like auction with a long @ss description and way down at the bottom the seller try to sneak in something.

Heres a better analogy.
People selling cable box, DVD players or similar. They maybe be using a stock photo of the player but clearly state in the auction that it does not include a remote.
While the remote is an essential part of the player, it will still work witout one. Or simply you can buy a replacement remote.....just like you can buy a replacement atenna.

Simply put....you are in the wrong.

 

[TitanDiddly]

Sue him when the arrives without the antenna, who cares about an 'anthena'.

 

[BCYL]

That's not even a small print about the missing antenna, he put it in BOLD... It's your fault for not doing research on the item before you bid...

 

[mrCide]

uh, if i wish to use some store to link for more details or what it sells for, or if i want to put a generic picture i will.

if something is missing i will mention it. you're wrong dude, face it.

 

[Jzero]

Originally posted by: Shanti
The seller was obviously trying to mislead people and hoping they wouldn't notice the fact that there was no antenna. Whether he is right or not in the eyes of Ebay, I don't know.

The only thing obvious is that Argo didn't read the whole auction and he admits this. Accusing the seller of fraud is a pretty far stretch. If he wanted to be misleading, he would have hid it in the middle of his paragraph of mindless text, not by itself, prefaced with Not included: in bold.

What is the seller supposed to do, e-mail each bidder individually and remind them that the picture is not a picture of the exact item for sale?

Ebay gets worse every day.

 

[Subzero]

Originally posted by: RagingBITCH
It says in the auction no antenna included. You shouldn't have bid on it.

Nuff said...

 

[brunswickite]

Not included: Antenna

If you can read this would not have been a problem.

now shut up and pay as you are the winning bidder

 

[RagingBITCH]

Originally posted by: DBL

Originally posted by: RagingBITCH

Congratulations on just blacklisting yourself from bidding on a lot of people's auctions. Mine included.

Sorry, but I have to defend Argo here. The auction was clearly misleading. Argo should have read the fine print but in this case the seller provided a picture showing an antenna. In this case, its a small detail but what if you were selling a car and put in fine print down at the bottom "tires and rims not included" but choose to show a picture of a car w/ tires and rims. It is reasonable to assume that a well-meaning person could be confused in this sort of scenario.

Argo, I would ask the seller to work w/ you considering the misleading auction picture. Perhaps some sort of compromise is possible?

Illiteracy isn't an excuse to get out of a contract. Misrepresentation is one thing. Argo is OBVIOUSLY not some idiot average joe user who was "confused" by the scenario. You read an entire contract before you sign on the dotted line. I'll admit that yes, there might be a case for misrepresentation but I don't care - you read the fvcking auction/contract before you bid/sign on it. It's that simple.

 

[Vic]

Ughh... you pimple-faces obviously don't understand errors of omission or misrepresentation.

Let me help. The legal litmus test is: "Would a normal person, representative of the common public, have been misled by the advertising?"

The answer in this case is clearly yes.

 

[DT4K]

Originally posted by: RagingBITCH

Congratulations on just blacklisting yourself from bidding on a lot of people's auctions. Mine included.

So you think it's perfectly OK for a seller to LIE in his item description as long as he tells the truth later on?

Seller claimed the item retails for $85. That was a lie.

 

[welst10]

The "Not included: Antenna" words are in bold. How did you miss that? He's not hiding it. I think you got little case. I thnk you're required to read thru auction before bidding.

 

[Argo]

Ok, everybody thank you for your input. I appreciate those who took their time to point out my mistake. Obviously some people here need to make themselves feel better by calling me "idiot", "stupid" and adding me to their ignore list. Well, no harm done.

Have a good day gentlemen, thanks for stopping by.

 

[DBL]

Originally posted by: slag

Actual written description of the auction takes precedence over any pics. He clearly stated no antenna and you bid on it. Live and learn. Its still not a bad deal and antennas are cheap.

Do you have any eBay policy links to support this assertion? I'm genuinely curious. It would seem that a policy like that would open the door to gross misrepresentation.

 

[DT4K]

Originally posted by: Jzero

Originally posted by: Shanti
The seller was obviously trying to mislead people and hoping they wouldn't notice the fact that there was no antenna. Whether he is right or not in the eyes of Ebay, I don't know.

The only thing obvious is that Argo didn't read the whole auction and he admits this. Accusing the seller of fraud is a pretty far stretch. If he wanted to be misleading, he would have hid it in the middle of his paragraph of mindless text, not by itself, prefaced with Not included: in bold.

What is the seller supposed to do, e-mail each bidder individually and remind them that the picture is not a picture of the exact item for sale?

Ebay gets worse every day.

No, they are supposed to caption the picture saying it is not the actual item for sale. Especially if the item you are selling does not even come with one of the integral parts clearly shown in the stock photo.

And what about the fact that the seller claimed the item retails for $85 and linked to a vendor selling the item WITH an antenna. You don't think that was fradulent?

 

[waggy]

Originally posted by: Argo
Ok, everybody thank you for your input. I appreciate those who took their time to point out my mistake. Obviously some people here need to make themselves feel better by calling me "idiot", "stupid" and adding me to their ignore list. Well, no harm done.

Have a good day gentlemen, thanks for stopping by.

hey no problem. If you need to be called an idiot again just let me know!

 

[virtueixi]

If you want to go through the trouble, don't pay. IMO he should of stated "You will need to buy an antenna to get this unit to work" or something. Just buy one at radio shack for a few bucks.

 

[Argo]

Originally posted by: virtueixi
If you want to go through the trouble, don't pay. IMO he should of stated "You will need to buy an antenna to get this unit to work" or something. Just buy one at radio shack for a few bucks.

Never use the words "Radio Shack" and "Few Bucks" in the same sentence.

 

[Argo]

Originally posted by: waggy

Originally posted by: Argo
Ok, everybody thank you for your input. I appreciate those who took their time to point out my mistake. Obviously some people here need to make themselves feel better by calling me "idiot", "stupid" and adding me to their ignore list. Well, no harm done.

Have a good day gentlemen, thanks for stopping by.

hey no problem. If you need to be called an idiot again just let me know!

You'll be on the top of my list

 

[tRaptor]

Bah, i dont think that there is any misrepresentation at all. YOU ARE WRONG. That unit is still functionable, its range is decreased, but still functional. You need to understand that you are looking at a stock picture. He even has it in BOLD that the Antenna is not included.

So he didnt put: Picture not actual unit, big freaking deal. He CLEARLY tells you that the antenna is not included.

Also it is NOT FINE PRINT. Hell that bold crap was the first thing i noticed. I would agree that it was "hidden" but ONLY if the auction was pages and pages long, this one fit on one page, didnt have any non-sense, and was easily noticed.

 

[dud]

Argo, you are not an idiot and yes, you made a mistake. In addition to that you are not willing to face up to that mistake. You even threaten the seller who CLEARLY stated in their auction that the antenna is not included. It is clear and simple.

Be an adult and do the right thing and stop trying to justify your poistion. You have already stated that you made a mistake, negative feedback will not make it go away. You know what you have to do.

 

[slag]

Originally posted by: DBL

Originally posted by: slag

Actual written description of the auction takes precedence over any pics. He clearly stated no antenna and you bid on it. Live and learn. Its still not a bad deal and antennas are cheap.

Do you have any eBay policy links to support this assertion? I'm genuinely curious. It would seem that a policy like that would open the door to gross misrepresentation.

Actual like to policy? no, but I have sold several hundred items on ebay and buy many more than that and its an unwritten rule. Stock pictures are commonly used for selling items. It is up to the buyer to read EVERYTHING about the item for sale and to ask before buying. This is clearly a case of the buyer not fully reading the auction before bidding and its the buyers own fault.

As I stated, its extremely common to put a stock picture out there and then say in your description that this is the item you are selling with the following circumstances: X
That is what the seller did.

There is no misrepresentation whatsoever. A "normal or reasonable" person would read everything in the auction before placing a bid. Its called researching the item.

 

[welst10]

Just buy it and pay $3 extra for the stress you caused to the seller. if I were the seller, I know I'd be pissed.

 

[kami333]

Umm...

You haven't even recieved the item yet, how do you know that the item isn't working? I just took the antennaes off my Linksys WRT54G and have a strong signal at 10feet, I'm using it to post right now

You are in the wrong, you didn't read the auction description until AFTER you bid. Like others have stated, Radio Shack carries those antennaes for a couple of bucks, get one.

And another person added to my blocked bidder list, I only have about 50more spaces to go!