So I ran into a situation on Ebay and have mixed feelings about it. Wanted to see if anyone else made some good points about it that pushed me one way or another.

 

So one of my general Ebay practices to get good deals on a set is the mass bid strategy (not really a strategy).  Anyway, I find a set that I like that has several auctions all ending around the same time in a weird period of the day meaning I have a good chance of snagging one of them at a stupid low price.

 

For example, last week I got a Sail Barge for $84 and a Republic Gunship for $82. Good stuff.

 

Anyway, because I am bidding a several sets at one time, I generally don't read through every word of the description. I may have to change this. I bid what the highest I would like to pay on every set and hope I win one.

 

Yesterday, I was doing this on some Epic Dragon battles. I got a message I won one. I looked at the listing - only sold for $58. Thought ti was weird, so I looked closer at the listing. Missing pieces. Damn. Missing a whole bag!

 

So why did I not see this?

 

Listing included a main stock picture as the gallery picture - basically looked like every other new listing. It was listed as New and the title said "Brand New Ninjaco Epic Dragon battle 9540". Sounded like straight up sealed set.

 

In the listing, it did become clear half way down it was missing some pieces. If I had read it, I would have known. However, the title and picture were pretty misleading. So I see it like this:

 

1. My fault - should have read the whole listing. I should honor the purchase and deal with my mistake.

 

2. Ask for and try to cancel it based on the fact that the listing was misleading. They violated "New" policy. Also, generally sellers describe it better in the title as "incomplete", "missing bags", etc. This was a fairly seasoned seller who should have known this.

 

So far, I just sent the Ebayer a message explaining the mistake and asking that they cancel the Purchase and explaining how they could offer a second chance offer to the second highest bidder. I have not heard back.

 

What do you guys think? Whats the best option?

 

PS: I considered what I would do as a seller in this situation. I would cancel the transaction knowing it was my fault for not being clear. I have made this mistake before.

 

If the seller doesn't agree to cancel, I would pay up and read descriptions more closely in future. Not worth the unpaid item strike and it's 50/50 whether eBay would side with you since it does state the missing parts.

 

Also, take your own advice and be wary of stock photos. Read. :-)

 

Edited to add: as a seller, I cancel any transaction for any reason at the request of the buyer. This is, however, a courtesy and I am not compelled to do it under eBay rules or even my own moral code -- I just prefer not to get into measuring contests with buyers.

If he waited till halfway through his description to mention the missing bag, he probably did it on purpose. Meaning he was trying to hook a sucker, meaning he's probably not in the habit of issuing refunds.

Not saying you're a sucker, just saying you'll likely not see a refund. I'd say just chalk it up as a lesson, but I don't know what the hell I'd do with a set missing one bag. Part it out, I guess.

Can you at least build the dragon with what you have? He's worth about $50, right?

I would be interested in looking at the listing - depending on how the description looks, my answer might change if the seller really was trying to "hide" it. You can PM me if you're wiling to indulge my curiosity and don't want to post to the board.

If it was stated as incomplete that is that.  You can try asking to having your bid canceled, but it sounds like you are on the hook unless they let you off.  Buyer beware.

Happened to me once before as well. The seller agreed to cancel, but if they had not I would have paid and sold the set ASAP.

If he waited till halfway through his description to mention the missing bag, he probably did it on purpose. Meaning he was trying to hook a sucker, meaning he's probably not in the habit of issuing refunds.

Not saying you're a sucker, just saying you'll likely not see a refund. I'd say just chalk it up as a lesson, but I don't know what the hell I'd do with a set missing one bag. Part it out, I guess.

Can you at least build the dragon with what you have? He's worth about $50, right?

 

One dragon head missing unfortunately. I don't know if bag 3 has any minifigs but I could probably get it back out of it if I tried.

 

I don't think he was looking for a sucker - more just conveniently looking to not mention it in the title so people would look at the listing. I mean, people usually ignore incomplete listings so that was probably why it had so many views.

 

Here is the listing: http://www.ebay.com/itm/190920296496?ssPageName=STRK:MEWNX:IT&_trksid=p3984.m1439.l2649

 

Its obvious if you look at the description. What bothered me about the stock photo is it is not just the box - it includes the whole set and all the figures built. And they have other pictures showing whats missing they could have used as the gallery photo. So its pretty misleading.

 

But I should have at least glanced at the description. 99% of the time I do - this was on my phone so it really was a matter of convenience. Like I said, I know I am somewhat in the wrong. But I think the listing deserves some credit for screwing things up. Also, if I had caught my mistake, I am pretty certain Ebay would have allowed to retract my bid.

It sounds like they described it clearly and accurately but you did not read the description. For me, a stock photo always raises suspicion. Personally, I would pay up and read everything before bidding from now on. It is not the sellers fault you did not read the entire description.

My $.02

I would pay ONLY if he does not agree to cancel the transaction. He may understand, or not, but I would wait before making a decision.

It sounds like they described it clearly and accurately but you did not read the description. For me, a stock photo always raises suspicion. Personally, I would pay up and read everything before bidding from now on. It is not the sellers fault you did not read the entire description.

My $.02

 

Your ok with the title though? Thats really what bothers me. How do they not state it? Stock photos are all over Ebay - being suspicious of everyone means you aren't going to be quick enough to get some of the best deals. lol. But that relies on people to list responsibly which is not gonna happen.

 

Also - they mention its missing one dragon head - bag 3 however has the rest of them. So basically the dragon is gone. Not sure why they made that sound that way.

 

I could probably still get back most of the money on the figures an pieces. Hopefully they will just cancel it.

I would pay ONLY if he does not agree to cancel the transaction. He may understand, or not, but I would wait before making a decision.

 

Yeah and this is what I am doing. Like I said, if he throws a fit I will pay. But I don't think he is innocent in the matter.

Honestly I'd pay man =/

Yeah and this is what I am doing. Like I said, if he throws a fit I will pay. But I don't think he is innocent in the matter.

I understand you feel duped, but he stated it was missing parts in the description. What did the seller do wrong? We're all trying to make money here.

If I was the seller, I would cancel the transaction for you but I can say from experience that it is frustrating to do so when the buyer does not read the details.

Not being personal, I just feel like playing devil's advocate today.

I understand you feel duped, but he stated it was missing parts in the description. What did the seller do wrong? We're all trying to make money here.

If I was the seller, I would cancel the transaction for you but I can say from experience that it is frustrating to do so when the buyer does not read the details.

Not being personal, I just feel like playing devil's advocate today.

 

He didn't put it in the description and he didn't follow ebays listing rules in terms of new being an "unused unopened complete" item. Also the picture was misleading.

 

I definitely said I made the mistake, I just don't think the seller could say he followed listing rules. But thats opinion as well.

The seller's listing is terrible and if it's not intended to mislead, it certainly manages it to a great extent with all those stupid glaring colors and bad formatting. That said, there are plenty of such terrible listings on eBay and it is a buyer beware environment.

 

Yes, sellers should all write clean, easily understood listings, but we all know that's utopia, so we might as well keep our feet on the ground and deal with what is, not with what "should be".

 

I'd still pay if they won't cancel, and you just have to decide for future: is quick buying worth the occasional stinker listing, or do you slow down, miss some deals, and have a better chance of getting what you think you're getting? (There's no right answer, but it's a question all of us do have to answer for ourselves when buying).

After looking at the listing, I dont think he was trying to trick anyone, but he should have noted the set was incomplete in the title of the listing. To me, "new" in a way implies that everything is there (we have a huge inventory of brand new cars!! (tires sold seperately)). Sure the condition is indeed new, but this item is in my opinion, new with an asterick. So imo he should have made some sort of note in the item title. I dont think he will have a problem cancelling though, from a sellers pov not worth the hassle of dealing with a potential case, back and forth with the buyer, just cancel, get your fees back, re-list. Thats what I would do anyway.

Does the photo show pieces that aren't included?  If so, shame on that seller.

Does the photo show pieces that aren't included?  If so, shame on that seller.

 

He uses a stock photo, and it does show everything in the kit, including stuff that's not there. Agreed on the shame on seller part, so lazy.

The seller's listing is terrible and if it's not intended to mislead, it certainly manages it to a great extent with all those stupid glaring colors and bad formatting. That said, there are plenty of such terrible listings on eBay and it is a buyer beware environment.

 

Yes, sellers should all write clean, easily understood listings, but we all know that's utopia, so we might as well keep our feet on the ground and deal with what is, not with what "should be".

 

I'd still pay if they won't cancel, and you just have to decide for future: is quick buying worth the occasional stinker listing, or do you slow down, miss some deals, and have a better chance of getting what you think you're getting? (There's no right answer, but it's a question all of us do have to answer for ourselves when buying).

 

 

After looking at the listing, I dont think he was trying to trick anyone, but he should have noted the set was incomplete in the title of the listing. To me, "new" in a way implies that everything is there (we have a huge inventory of brand new cars!! (tires sold seperately)). Sure the condition is indeed new, but this item is in my opinion, new with an asterick. So imo he should have made some sort of note in the item title. I dont think he will have a problem cancelling though, from a sellers pov not worth the hassle of dealing with a potential case, back and forth with the buyer, just cancel, get your fees back, re-list. Thats what I would do anyway.

 

 

Does the photo show pieces that aren't included?  If so, shame on that seller.

 

 

All these were really summing up my sentiments. There are tons of bad listings on Ebay - I agree. I just felt this one was a little more misleading than it should have been, whether bad or not. lol.

 

Luckily, the seller contacted me back, said they understood and definitely should have been more clear. They agreed to cancel. At least they are an honest person and aren't afraid to admit complicity.

 

 

I told them that because it was obviously my fault as well, if they get a second chance offer or relist it and sell it for less, I will send them the difference.

IIRC, that seller has been featured in the "ebay buyers beware" thread.  In any case, for me, that kind of feedback percentage automatically makes me check their listings twice.  So yes, I am not a "mass bid" buyer

 

Looks like you made a mistake.  I would pay up just because I would not like it if I was on the other side of this transaction.

 

I noticed the seller tried to sell the same item last month and it may effect their willingness to cancel the transaction.

This is a terrible listing.  I could see myself making the same mistake.  I would emphatically request to cancel the transaction and remind the seller that if he/she refuses to cancel, your feedback will be indicative of such.  If he still refuses to cancel, I would pay and then when you receive it, file a claim with ebay stating the title and "brand new" was very misleading.  Ebay usually sides with buyers and I think they'll rule in your favor.

This is a terrible listing.  I could see myself making the same mistake.  I would emphatically request to cancel the transaction and remind the seller that if he/she refuses to cancel, your feedback will be indicative of such.  If he still refuses to cancel, I would pay and then when you receive it, file a claim with ebay stating the title and "brand new" was very misleading.  Ebay usually sides with buyers and I think they'll rule in your favor.

 

Don't threaten bad feedback if a seller doesn't do what you want - it's called "feedback extortion" and eBay will take action against buyers who use that threat.

I'd just pay and say lesson learned to read more closely. If there was the stock photo only, I think you could make a bigger stink. The photos make it pretty clear though. I agree the listing title is misleading. As a general policy I don't buy items on eBay with stock photos of the box only.

Your ok with the title though? Thats really what bothers me. How do they not state it? Stock photos are all over Ebay - being suspicious of everyone means you aren't going to be quick enough to get some of the best deals. lol. But that relies on people to list responsibly which is not gonna happen.

 

Also - they mention its missing one dragon head - bag 3 however has the rest of them. So basically the dragon is gone. Not sure why they made that sound that way.

 

I could probably still get back most of the money on the figures an pieces. Hopefully they will just cancel it.

 

That's a common mistake most people make when you bid on an item.  Definitely need to be more careful.  I have screwed up many times myself when it comes to full set vs parted out/incomplete set.

 

The listing you provided is conflicting with the title vs the description and picture.  Just explain your situation and how the listing was conflicting and see what the seller say.  You can go as far as saying the mobile app didn't loaded up the description and picture when you bid to help your cause.  Most of the time, they will just open a case to get their commission back.  Best of luck.

 

EDIT:  Went back to looked at the seller, I had an episode with this seller a few months ago and had no problem.  Just tell them the title is conflicting with the listing.  I can't guarantee if this person is having a good day or bad day though.  =)

Catch 22. Not the greatest of listings but at the same time if you look at the description and the photos it is pretty clear. IMO your strategy backfired this time and should pony up the cash.

Sorry mate but I think it's Your Bad on this one the title is not overly clear, but that is really just pedantics. They have put in big letters that it is not complete. And it refers to photos of the item showing the missing bag....or rather not showing it.

We can quibble about the layout, but every seller is different. And we can quibble about the definition of 'new', this site's definition is different to many sellers. But we're the educated ones :P