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YAET: Am I entitled to all that is pictured?

H

handoverfist

Golden Member
Auction doesn't state particular item is included (memory card). However, there are 2 pictures of that item on auction page along with the cell phone and other accessories being sold. I assumed it was included in auction. Your thoughts?
 
No. If a blanket is on someone's couch in the ebay pic, you can expect the FedEx pkg to be about as big as a compressed blanket.

Auction link?
 
Hmm, I see. So there is a pic of just the memory card by itself. That changes my answer to Yes 😉
 
The combination of "+ EXTRAS" in the title and the picture specifically of the card (and the fact that it looks like the card is provided by Motorola as part of the retail package with the phone) would suggest yes.
 
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
Click to expand...
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.
 
Originally posted by: Aluvus
The combination of "+ EXTRAS" in the title and the picture specifically of the card (and the fact that it looks like the card is provided by Motorola as part of the retail package with the phone) would suggest yes.
Click to expand...
"Extras" could simply be referring to the charger, original box, and manual. Not typical or straightforward, but that's how I see it.

If I was the seller, I would have said that the memory card is not included, but shown just so you can see what kind it takes.

To the OP and others: You have to be cautious online just as you would buying something on the street. If there is *any* room for doubt, request a clarification. You can't dispute it unless you have something to dispute with.
 
I am 99.9% positive you get everything pictured in that auction. If that is too much of a gamble for you then ask the seller, duh.
 
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.
 
Originally posted by: AgaBoogaBoo
Originally posted by: Aluvus
The combination of "+ EXTRAS" in the title and the picture specifically of the card (and the fact that it looks like the card is provided by Motorola as part of the retail package with the phone) would suggest yes.
Click to expand...
"Extras" could simply be referring to the charger, original box, and manual. Not typical or straightforward, but that's how I see it.

If I was the seller, I would have said that the memory card is not included, but shown just so you can see what kind it takes.

To the OP and others: You have to be cautious online just as you would buying something on the street. If there is *any* room for doubt, request a clarification. You can't dispute it unless you have something to dispute with.
Click to expand...

You must be an ebay power scammer.

Anyone with half a brain knows the seller is breaking the law with that ad. You can not show a picture show a picture of the product and then not deliver what is pictured.
 
Well the ebay ad says

Item comes in its original box, with all the original contents!
Click to expand...


and this place states

BRAND NEW Motorola V3m RAZR cell phone for Sprint Nextel. The phone comes in a Sprint Nextel branded box with all the accessories listed on the box. Exactly like the ones in stores.

.
.
.

PACKAGE CONTENTS

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

So the real question is what are the original package contents because that memory card is shown wrapped in celophane just like the other accessories.
 
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
Click to expand...
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.
Click to expand...

my thoughts exactly.

also how can it be new and never opened but yet the picture clearly shows the box is opened? i would think maybe the plastic but he even shows the phone out of the plastic...


 
The picture includes the memory card, but the "tech specs" section indicates that you get only the 30mg built-in memory. You should have verified it with the seller before you purchased - so you're both wrong. You can ask for the card, and if he doesn't provide it, say so in your feedback.

EDIT: And he'll be completely justified to leave feed back that says that you didn't read the terms of the auction carefully before you bought.
 
the card should be included. if the seller won't cough it up, then file an Item Not As Described with Paypal. They will credit you the value of the card most likely.
 
I'll contact the seller and after I get a reply, I'll post back and let you know.

What an amazing world we live in. :disgust:
 
Originally posted by: sixone
The picture includes the memory card, but the "tech specs" section indicates that you get only the 30mg built-in memory. You should have verified it with the seller before you purchased - so you're both wrong. You can ask for the card, and if he doesn't provide it, say so in your feedback.

EDIT: And he'll be completely justified to leave feed back that says that you didn't read the terms of the auction carefully before you bought.
Click to expand...

To you and anyone else that thinks the buyer is in the wrong.

What other purpose then to deceive the bidder was there in including a picture of the memory card

Good god people it doesn't matter what the auction terms where, if the auction had the potential to deceive the consumer. Please go look up the FTC laws on unfair and deceptive acts or practices in commerce.
 
Originally posted by: smack Down
Originally posted by: sixone
The picture includes the memory card, but the "tech specs" section indicates that you get only the 30mg built-in memory. You should have verified it with the seller before you purchased - so you're both wrong. You can ask for the card, and if he doesn't provide it, say so in your feedback.

EDIT: And he'll be completely justified to leave feed back that says that you didn't read the terms of the auction carefully before you bought.
Click to expand...

To you and anyone else that thinks the buyer is in the wrong.

What other purpose then to deceive the bidder was there in including a picture of the memory card

Good god people it doesn't matter what the auction terms where, if the auction had the potential to deceive the consumer. Please go look up the FTC laws on unfair and deceptive acts or practices in commerce.
Click to expand...

My point is that the buyer should have made sure he understood the terms before he made the purchase. If he didn't, then they're both wrong. No where did I ever say the seller wasn't giving mixed messages. But if the buyer didn't get that resolved before buying, then that's on him.


 
Originally posted by: sixone
Originally posted by: smack Down
Originally posted by: sixone
The picture includes the memory card, but the "tech specs" section indicates that you get only the 30mg built-in memory. You should have verified it with the seller before you purchased - so you're both wrong. You can ask for the card, and if he doesn't provide it, say so in your feedback.

EDIT: And he'll be completely justified to leave feed back that says that you didn't read the terms of the auction carefully before you bought.
Click to expand...

To you and anyone else that thinks the buyer is in the wrong.

What other purpose then to deceive the bidder was there in including a picture of the memory card

Good god people it doesn't matter what the auction terms where, if the auction had the potential to deceive the consumer. Please go look up the FTC laws on unfair and deceptive acts or practices in commerce.
Click to expand...

My point is that the buyer should have made sure he understood the terms before he made the purchase. If he didn't, then they're both wrong. No where did I ever say the seller wasn't giving mixed messages. But if the buyer didn't get that resolved before buying, then that's on him.
Click to expand...

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

Yes, it is. Both parties have an obligation to understand the transaction before it takes place.
 
Originally posted by: sixone
Originally posted by: smack Down
No it is not buyer when the author of the auction breaks the law.
Click to expand...

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

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

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

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

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.
 
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.
Click to expand...

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

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

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.
Click to expand...

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. If a responable person
 
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