YAET: Am I entitled to all that is pictured?

[b0mbrman]

Originally posted by: handoverfist
auction

Looks like he lists what's included, albeit not 100% clearly:

Motorola V3 Razor Phone

House Charger

Battery

Original Box

Users Manual

However, this is the sort of question that you should have asked the seller before you had bid

Heck, even if I had assumed that I would have gotten a memory card with that auction, I would have asked so that I would know exactly what capacity card I was getting.

 

[smack Down]

Originally posted by: b0mbrman

Originally posted by: handoverfist
auction

Looks like he lists what's included, albeit not 100% clearly:

Motorola V3 Razor Phone

House Charger

Battery

Original Box

Users Manual

However, this is the sort of question that you should have asked the seller before you had bid

No that is the stuff the seller should have made clear before posting the auction.

 

[sixone]

Originally posted by: smack Down
Which doesn't matter. As we have already established that the auction was designed to deceive the bidder.

The law puts the burden of having a clear auction on the sellers. If the seller fails to do then they are liable for resulting damages.

Then what's the point of feedback for the buyer?

Everyone makes mistakes, and you're assuming quite a lot about the seller's intent. I don't know what you're basing that on, personal prejudice, maybe?

 

[b0mbrman]

Originally posted by: smack Down

Originally posted by: b0mbrman

Originally posted by: handoverfist
auction

Looks like he lists what's included, albeit not 100% clearly:

Motorola V3 Razor Phone

House Charger

Battery

Original Box

Users Manual

However, this is the sort of question that you should have asked the seller before you had bid

No that is the stuff the seller should have made clear before posting the auction.

No, that is the stuff the buyer should have made clear before bidding on the auction

 

[b0mbrman]

Originally posted by: MidasKnight
Misleading auction at best.

I'd contact the seller and see if they will send you the card. If they won't I'd leave a neutral feedback.

If he does, then I'd fully expect the seller to return with a non-positive feedback, and rightfully so, with an explanation along the lines of:

"Buyer did not ask clarifying questions until *after* purchasing with buy-it-now and then demanded items *not* mentioned in the description"

 

[BigJ]

Had a similar situation happen to me except I was a seller. I was selling Xbox 360s. In the picture there were 3 360s along with 2 games pictured and my user ID to show I had them in my possession. The seller was "outraged" when it didn't include the 2 games. He thought that since it was pictured, I should've included it. I asked him if I was responsible for including the other 2 360s along with his purchase and that shut him up pretty quickly.

Simple fact is you do not enter into a contract with what you think the terms are. You enter into a contract with the terms explicitly stated. If you don't, you can only blame yourself for what happens as a result.

 

[b0mbrman]

Originally posted by: BigJ
Had a similar situation happen to me except I was a seller. I was selling Xbox 360s. In the picture there were 3 360s along with 2 games pictured and my user ID to show I had them in my possession. The seller was "outraged" when it didn't include the 2 games. He thought that since it was pictured, I should've included it. I asked him if I was responsible for including the other 2 360s along with his purchase and that shut him up pretty quickly.

Simple fact is you do not enter into a contract with what you think the terms are. You enter into a contract with the terms explicitly stated. If you don't, you can only blame yourself for what happens as a result.

I don't think you and ATOT would get along

Originally posted by: smack Down

Which doesn't matter. As we have already established that the auction was designed to deceive the bidder. If a sellers intent is to commit fraud which it clearly is by posting the picture, who is to say the seller would not have decided to just completely rip of the buyer. The seller is not trustworthy.

The law puts the burden of having a clear auction on the sellers. If the seller fails to do then they are liable for resulting damages. To commit fraud using deceit is no different then not shipping the item in the first place.

e.g. The use of that picture means your "auction was designed to deceive the bidder" and that your "intent is to commit fraud"

Silly, no?

 

[FoBoT]

assume

ass - u - me

 

[mugs]

Auction says the phone comes with everything included in the original box.

Looks to me like the phone comes with a memory card.

So the phone should come with the memory card.

 

[txrandom]

I bought one of those $20 at Radio Shack a few months ago. Have to agree to another 2 years though. It came with memory card.

 

[soydios]

From what I see, which takes precedence: the fact that there was a solo picture taken of the memory card, or the fact that the memory card was not listed in the description.

 

[smack Down]

Originally posted by: BigJ
Had a similar situation happen to me except I was a seller. I was selling Xbox 360s. In the picture there were 3 360s along with 2 games pictured and my user ID to show I had them in my possession. The seller was "outraged" when it didn't include the 2 games. He thought that since it was pictured, I should've included it. I asked him if I was responsible for including the other 2 360s along with his purchase and that shut him up pretty quickly.

Simple fact is you do not enter into a contract with what you think the terms are. You enter into a contract with the terms explicitly stated. If you don't, you can only blame yourself for what happens as a result.

The law says you can't use advertisements that have the potential to deceive people. A contract requires meeting of the minds if one person responsible understands a contract to be X and the other understand it to be Y then you don't have contract.

Your auction may have been kosher because you included picture of other products which clearly are not included. You still should have included a message stating games are not included. If you had emptied the Xbox box and took picture of every component and game together then you would be in the wrong. You would be wrong no matter what the text says because the images itself is the problem.

 

[Aves]

From the auction:

Item comes in its original box, with all the original contents!

If the memory card is normally included in the retail box then you should receive one, regardless of whether or not he explicitly lists it.

The pictures definitely seem to indicate that a memory card is typically included but you would need to confirm it.

 

[alkemyst]

Originally posted by: AgaBoogaBoo

You are bidding on a brand new, never used or activated! DONT MISS YOUR CHANCE TO GET THIS FOR THE CHEAPEST PRICE ON EBAY!

Motorola RAZR V3m Cell Phone for Sprint PCS.

No Contract Needed.

Item comes in its original box, with all the original contents!
Motorola V3 Razor Phone
House Charger
Battery
Original Box
Users Manual

I removed some line breaks just for clarity, but my opinion is that it shouldn't be expected.

What you see listed above is what is required to be included. A phone, charger, battery, original box, and the manual. I wouldn't have expected anything else. If you weren't sure, you should have contacted the seller.

I never look to the picture as a place to see what's included or not. People used to try selling "Pictures of a TV" with sneaky wording, but the images in the auction were of the actual TV. If I'm bidding on an auction, I look for clear wording that spells out what is to be included.

QFT....however; if a media card came with the original phone then it should be expected on the description.

Pictures mean nothing much of the time as often they are ripped.

 

[mercanucaribe]

Originally posted by: sixone

Originally posted by: smack Down

Originally posted by: sixone

Originally posted by: smack Down
No it is not buyer when the author of the auction breaks the law.

Yes, it is. Both parties have an obligation to understand the transaction before it takes place.

How can the buyer understand the transaction when he is being lied to by the seller? That is the most retard logic ever.

It's called reading - maybe you've heard of it? The listing text didn't match the picture - and the buyer apparently didn't read the text very well.

The seller should not have put up a picture specifically of the memory card if it wasn't included in the auction. Are you saying that every potential bidder should email the seller and ask him whether an item pictured with the main product, and pictured in its own separate picture, is included???

 

[mercanucaribe]

Originally posted by: BigJ
Had a similar situation happen to me except I was a seller. I was selling Xbox 360s. In the picture there were 3 360s along with 2 games pictured and my user ID to show I had them in my possession. The seller was "outraged" when it didn't include the 2 games. He thought that since it was pictured, I should've included it. I asked him if I was responsible for including the other 2 360s along with his purchase and that shut him up pretty quickly.

Simple fact is you do not enter into a contract with what you think the terms are. You enter into a contract with the terms explicitly stated. If you don't, you can only blame yourself for what happens as a result.

Did you have a separate picture of just the games?

 

[ghostman]

Originally posted by: Aves
From the auction:

Item comes in its original box, with all the original contents!

If the memory card is normally included in the retail box then you should receive one, regardless of whether or not he explicitly lists it.

The pictures definitely seem to indicate that a memory card is typically included but you would need to confirm it.

Exactly! If the memory card is part of the original contents of that box, then there is no need to ask the seller "Is the memory card included?" even if he leaves the item off his list. His list is just a summary of items inside the box. It would be expected that he includes all plastic wrappers, cables, warranty cards and advertising pamphlets, regardless if he mentions it it explicitly.

If the memory card is not part of the original package, then it's more questionable.

 

[J3S73R]

Auction states:

Item comes in its original box, with all the original contents!
Motorola V3 Razor Phone
House Charger
Battery
Original Box
Users Manual

Original contents are:

http://www.ecrater.com/product.php?pid=946850

PACKAGE CONTENTS

Sprint Nextel Retail Box
Motorola V3m RAZR Phone (gray)
Motorola Battery
Motorola Charger
64MB Memory Card
Manual

so why are you all still arguing that it wasnt stated? It is listed, not specifically though and even has pictures.

 

[her209]

No, you don't get the carpet that the product is sitting on.

 

[Tobolo]

You are bidding on a brand new, never used or activated! DONT MISS YOUR CHANCE TO GET THIS FOR THE CHEAPEST PRICE ON EBAY!

Motorola RAZR V3m Cell Phone for Sprint PCS.

No Contract Needed.

Item comes in its original box, with all the original contents!

Motorola V3 Razor Phone

House Charger

Battery

Original Box

Users Manua

NOPEl

 

[AnyMal]

I can't believe people are arguing over a completely worthless 64MB microSD card. 1 gig cards are about $10.00 nowdays, so let's move one, shalle we?

What I can't really fathom is why would anyone pay $180.00 for a stupid Rzor nowdays, but what do I know