34 replies to this topic

[minisilverbullet]

The ebay listing : http://www.ebay.co.u...=item257bca0c76

 

 

I am sure I am right on this one. but the total disregard by the seller, has me double guessing myself. 

 

 

The back story....ordered a set of wheels for my A4 on the 1st march. I paid  over the phone, and not through paypal, I fell into the trap of free bolts etc form phone orders. but not really concerned, i paid with credit card and they seem a reasonably large firm. 

 

Took the seller 14 days to send them out, which meant i had small alarm bells ringing already. Listing states ET35, though since there was an alarm bell ringing, I doubled checked all the dimension, during one of my calls to find out the status of the order. I learned that they were in fact ET42. Not a huge deal, but still. I swallowed that. 

 

The wheels arrived yesterday and they have a matt grey finish. The wheels in the listing are clearly glossy. I feel (tell me if i am wrong) the picture in the listing  miss represents the wheels. They are pulling the old your wheels are the same, its just a camera flash etc. but I am not sure at all. 

 

They also tried to pull we don't state that they are glossy. my reply is that you dont state that they are matt either, and the norm for wheels is to be glossy. 

 

 

 

Another miss representation is in the picture is the lip around the centre cap.  In the listing picture there is no lip, it is flush. in the picture of the wheels i received you can see there is a clear lip of around 8mm. this is no big deal really but this just illustrates that the wheels in the picture are not the same as i received. 

 

Am I barking up the wrong tree?

 

comparison of the wheels...

 

 

 

 

 

 

 

 

[Old Bob]

Item not as described!  You paid by credit card so you should have no problem recovering you money.

 

Bob

[lewBlew]

I agree they do not look like the picture, although they do match the description given.

 

Take a look at the Citizens Advice website:

 

http://www.advicegui...description.htm

 

You're probably getting into a murky area since your issue is with the picture and not the description, and the law specifically deals with written descriptions only, but since they do look shiny in the picture and are clearly not write to them saying so and tell them you will take it further and see how far you get. You do not have to accept credit, demand a full refund.

 

Also check our Ebay's T&Cs and resolution centre, they may be able to help (although doubt it).

[TheMiniDream]

They won't do anything... They are as described so they've done nothing wrong. A McDonald's burger isn't anything like pictured!? just try and get your money back if your not satisfied though I kinda think they look decent!

[Carlos W]

Has anyone ever actually challenged McDonalds on the whole picture thing?

 

If I buy something from ebay I always look at the picture and description.

 

There's no way that shine is being caused by the flash!

[Nick Warwick]

First photo has lacquer finish.

[TheMiniDream]

No but that's it, you can't go on the law by a photo I'm pretty sure it has to be a written description!?

[Kmonski]

The wheels are different, clearly shiny in the portrayed picture and the ones you got are matte. I also agree the centres are different sizes one clearly has a higher profile than the other, they are a similar wheel to what is pictured, not the same. I would moan and get my money back.

[RedRuby]

I do not think I am wrong on this the products you have bought will come under the distance selling regulations, as you have bought them effectively online, and not the sales of goods act. Under the distance selling regulations you have 7 days to inform the seller of your intent of returning the goods and request a full refund, you may have to pay return postage if the seller has not specified that you can return at their cost, they cannot try charging a restocking fee either. Under the DSR you do not even have to have a reason for return. E-mail them stating your intent to return them keep copies of e-mails and records of any phone conversations. If they do not play ball contact your credit card provider and tell them and demand your money back, as long as it's more than £100 they are as liable for the refund as is the seller and let's face it they can apply more pressure to the seller than we can.

[Ethel]

It's a classic example of what the distance selling regulations are for. It does not matter whether they match the advert, if they don't live up to your expectations when you see them in the flesh your are entitled to a refund if you request one within the time they state after delivery.  The only possible argument is over the return postage.

 

DSr allows a month, unless the seller specifies less, a week is the minimum they can specify. Seller pays return postage, unless they also specify differently. A photo can be considered as a description, why else would they include one? If it's only an approximate illustration they should say so.

 

Invite them to send replacements that match the photo, if they don't you can expect a full refund, including p&p.

[minisilverbullet]

  The only possible argument is over the return postage.

 

This is a biggie! It will cost 100 pounds to return them from Sweden to England. I am positive they will argue that its down to me. 

 

Seems there is a bit of ambiguity over the misrepresentation. 

[lewBlew]

 

  The only possible argument is over the return postage.

 

This is a biggie! It will cost 100 pounds to return them from Sweden to England. I am positive they will argue that its down to me. 

 

Seems there is a bit of ambiguity over the misrepresentation. 

 

 

You're in Sweden? Ah.... do the English DSRs count?

[KernowCooper]

You paid with a credit card through a UK Bank so get the Credit Card company involved and let them resolve it, I bought a Accordion from Belguim and I had issues but they sorted it out, they will send forms and take a snap shoto of the wheel you thought you were buying and what you got, send it all back and they will investigate.

Edited by KernowCooper, 11 March 2014 - 03:45 PM.

[Ethel]

 

 

  The only possible argument is over the return postage.

 

This is a biggie! It will cost 100 pounds to return them from Sweden to England. I am positive they will argue that its down to me. 

 

Seems there is a bit of ambiguity over the misrepresentation. 

 

 

You're in Sweden? Ah.... do the English DSRs count?

 

Yes, https://www.gov.uk/o...elling-overseas

[Guess-Works.com]

Contact your credit card company. There's not only the DSr which has been gone through above but also the Consumer Credit Act. This means the Credit Card company is jointly responsible for any purchase you make using their card, you claim the cost of purchase back off the credit card company, and they chase the retailer for their money.