ebay definition of brand new

[Lean L]

I recently bought a modem off ebay. It was listed as brand new by the seller with a copy and paste of the manufacturer's site. It's a SBV6220 which has a battery backup for the phone. Now the problem is that when I got it, I noticed it has been opened. I figured, what the hey, I already paid for it, if it works and has all the parts I'm satisfied. Turns out the battery is missing. According to the quick start pdf, the battery is included. I contacted the seller asking for a partial refund. She doesn't respond for a week so I opened a case with ebay. Now she responds saying that opened and "brand new" mean the same thing and that my only option is to return it to her at my expense. I happen to think that she shouldn't have listed it as brand new if it was opened. She's also saying that the modem does not come with the battery. How in the world can I take her word for that?

Am I being a little unreasonable? Seems to me that any extra expenses should be at her cost, not mine.

pdf for reference: http://www.motorola.com/staticfiles...001_SBV6220_Quick Start Guide.pdf?localeId=33

update2:

The CU is a mindless bitch: http://wordsofsocrates.blogspot.com/2010/05/ebay-customer-service-commitment-bogus.html

my email: notice the cookie cutter response.

Thank you for contacting eBay in regard to item #160427740074. When an
item arrives differently than expected it can create a very frustrating
experience and I can certainly appreciate your concern with the outcome
of this case.

I understand that you would like to appeal our decision to side in the
seller?s favor. Upon receipt of your appeal, I have reviewed several
factors before taking any action. In your specific case I reviewed the
listing, the photos of the item, and communication between yourself and
the seller. After doing so, I have determined the item was accurately
described. In the listing, it states, "Battery Option for Digital Voice
service back up in the event of primary power failure". It does not
indicate that batteries are included. The item can still be brand new
and not have batteries included.

Because of this, we are not able to grant your appeal in this particular
instance. Our system will generate an automated email that says the
same, but I wanted to take a few moments and explain our decision in
further detail.

To avoid this frustrating situation in the future, I would encourage you
to inspect the listing completely before placing a bid or making a
purchase. Bidding is meant to be fun, but remember that each bid you
place enters you into a binding contract. It is very important to fully
understand the entire listing before committing to buy. I would also
encourage you to contact the seller via the ?Ask a question? link if you
are unclear about an item prior to bidding on it.

I realize this wasn't the answer you were looking for, but I hope I've
been able to explain things clearly and I thank you in advance for your
understanding.

This is eBay?s final decision. No further contacts about this case will
be responded to. If you have any further questions about other issues
not related to this case, please click ?Contact Us? at the top of any
eBay page.

Sincerely,
Sara T.

Update 3: CU responded again with this:

Thank you for your response to this case. We appreciate your patience
and understanding in this matter.

I did some research on Motorola.com and it turns out the battery the
manufacterer mentions is internal and not removeable. The battery is
there, but it only functions to save settings when its unplugged, not to
power the device. it turns out that the item was as described, but I can
understand how that could be confusing. Replacing or removing the
battery would require the disassembly of the unit which would violate
the warranty. I hope this helps. Thanks.

I apologize for any inconvenience this may have caused you. Thank you
for using eBay for your online trading needs.

Sincerely,
Seth St.

eBay Customer Support

The amount of incompetence has me dazzled... If they did any research at all it would have lead them to the pdfs that instructed on how to install the battery.

Is there any way I can report these CUs for negligence?

 

[PhoKingGuy]

This is why I hate ebay

 

[FelixDeCat]

I love your screen name.

 

[SaDiZTiKStyLeZ]

This is why I hate ebay

I've been burnt on the same scam several times.... Couple items listed as unopened.... Obviously opened, and registered, thus, useless.

 

[thescreensavers]

Brand new = Never been used with every part and or sealed in box.

If its missing something it should of been listed as new but missing the battery, since NEW means it comes with it.

she should pay for the battery or refund full amount and just ship it back cheapest way possible.

 

[Born2bwire]

Brand new != opened box. I would take the phrase "new in box" to imply that it could be opened box, though I would be specific on that point in the description. For me, new means unused and everything included regardless of whether or not the box was opened.

 

[TastesLikeChicken]

According to the PDF the battery is included in a new package. In eBay parlance it's an "Item Not As Described."

She can either issue you a refund that covers a battery purchase or allow you to ship back the unit at her expense. Pursue it with PayPal. You will win because the buyer always gets the benefit of the doubt with eBay/PayPal.

 

[Lean L]

Yeah pretty much new != opened is what I figured. I have emails from her telling me that she tried to install it but the isp didn't support it. In which case, the item is clearly not brand new. She's getting pissed at me now saying I didn't read the auction.

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=160427740074

 

[gaidensensei]

This is why you should never buy items with stock auction photos. Most of those sellers are teh shadies.
Make sure it's the real one to see what you're getting.

I wouldn't care if it's labled new, open box in that method. Don't really see the deal with opened packages if it has everything unused.

 

[JEDIYoda]

I recently bought a modem off ebay. It was listed as brand new by the seller with a copy and paste of the manufacturer's site. It's a SBV6220 which has a battery backup for the phone. Now the problem is that when I got it, I noticed it has been opened. I figured, what the hey, I already paid for it, if it works and has all the parts I'm satisfied. Turns out the battery is missing. According to the quick start pdf, the battery is included. I contacted the seller asking for a partial refund. She doesn't respond for a week so I opened a case with ebay. Now she responds saying that opened and "brand new" mean the same thing and that my only option is to return it to her at my expense. I happen to think that she shouldn't have listed it as brand new if it was opened. She's also saying that the modem does not come with the battery. How in the world can I take her word for that?

Am I being a little unreasonable? Seems to me that any extra expenses should be at her cost, not mine.

pdf for reference: http://www.motorola.com/staticfiles...001_SBV6220_Quick Start Guide.pdf?localeId=33

wtf??? go out and buy a damn battery ...sheese

 

[pontifex]

Ebay didn't write the auction, so how is it ebay's definition?

 

[her209]

If its not stated in the auction that its missing, then its fair to assume that all accessories that come with the unit is included.

 

[HybridSquirrel]

i am selling a textbook in the shrink wrap....ebay customer service contacted me saying that "brand new means it is direct from factory and not bought by a consumer" FFFUUUU

 

[KaOTiK]

If/When you do file with ebay for it not being as described. They will side with you no matter what, but you will still have to ship it back at your own expense. Make sure you get tracking on it so she can't say I never got it.

 

[gaidensensei]

i am selling a textbook in the shrink wrap....ebay customer service contacted me saying that "brand new means it is direct from factory and not bought by a consumer" FFFUUUU

Someone reported you, hate those patrolling vigilantes.
Gotta be careful of your wording.

 

[HybridSquirrel]

Someone reported you, hate those patrolling vigilantes.
Gotta be careful of your wording.

fffuuuu...it is brand new though. literally in the shrink warp...in the box it was shipped to me in.

 

[JEDIYoda]

If its not stated in the auction that its missing, then its fair to assume that all accessories that come with the unit is included.

define fair.....

 

[grrl]

<snip> she responds saying that opened and "brand new" mean the same thing <snip>

She's wrong, obviously. Brand new means unopened, all parts included (unless otherwise noted). Some sellers use NIB as well, "new in box." NOB means "new, opened box." Isn't there a page on eBay about how you are supposed to label your items?

 

[thescreensavers]

i am selling a textbook in the shrink wrap....ebay customer service contacted me saying that "brand new means it is direct from factory and not bought by a consumer" FFFUUUU

Thats new in box basically. I dont see how just because its in the consumers hands it becomes Used.

Ebay is bs

 

[gorcorps]

If/When you do file with ebay for it not being as described. They will side with you no matter what, but you will still have to ship it back at your own expense. Make sure you get tracking on it so she can't say I never got it.

And that's when you shit in the box... right?

 

[her209]

define fair.....

Fair... reasonable...

 

[halik]

I recently bought a modem off ebay. It was listed as brand new by the seller with a copy and paste of the manufacturer's site. It's a SBV6220 which has a battery backup for the phone. Now the problem is that when I got it, I noticed it has been opened. I figured, what the hey, I already paid for it, if it works and has all the parts I'm satisfied. Turns out the battery is missing. According to the quick start pdf, the battery is included. I contacted the seller asking for a partial refund. She doesn't respond for a week so I opened a case with ebay. Now she responds saying that opened and "brand new" mean the same thing and that my only option is to return it to her at my expense. I happen to think that she shouldn't have listed it as brand new if it was opened. She's also saying that the modem does not come with the battery. How in the world can I take her word for that?

Am I being a little unreasonable? Seems to me that any extra expenses should be at her cost, not mine.

pdf for reference: http://www.motorola.com/staticfiles...001_SBV6220_Quick Start Guide.pdf?localeId=33

1) What the fuck is a modem?

2) I think you missed out on the part of the interwebs where it said to only use CC with paypal. Stuff goes sideways = > amex tells the seller to go suck a bag o dicks

 

[robphelan]

keep us posted on how it works out.

the reason I hate shtbay:
I was watching a pair of dress shoes - decided not to buy & the auction ended with 0 bids.

I receive an automated email from shtbay stating that the item had been re-listed. I checked and they listed them for $10 MORE than the previous price!!! I just don't get it.

 

[ElFenix]

keep us posted on how it works out.

the reason I hate shtbay:
I was watching a pair of dress shoes - decided not to buy & the auction ended with 0 bids.

I receive an automated email from shtbay stating that the item had been re-listed. I checked and they listed them for $10 MORE than the previous price!!! I just don't get it.

it's the corona effect. when it was cheap crappy mexican beer it didn't sell very well. but when it became expensive crappy mexican beer it took off.

 

[gaidensensei]

keep us posted on how it works out.

the reason I hate shtbay:
I was watching a pair of dress shoes - decided not to buy & the auction ended with 0 bids.

I receive an automated email from shtbay stating that the item had been re-listed. I checked and they listed them for $10 MORE than the previous price!!! I just don't get it.

That's the seller, not ebay. Basic supply and demand stuff going on. Oh and the coronoa effect too I suppose.