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In late March I bid on and won a Lionel Steam engine on eBay. The seller had a 99.4% positive feedback. The engine was described as C-9 Brand New..FACTORY NEW. There was no actual picture of the engine, just a picture from the Lionel catalog. The sale was no returns accepted.

 

The engine arrived, well boxed, on April 5th. I opened it the next day. It was immediately apparent that the engine was not new. There are wear marks on the pickup rollers. The boiler has raised bumps in the paint.

 

The next day I sent an email to the seller explaining the issues, stating that since it was clearly a used item and not new as described in the listing, I felt that the engine had been misrepresented. 

 

I also stated that I was more than willing to work out a solution to the problem and to let me know my options.

 

I did not receive any reply from the seller. 

 

I guess at this point I need to contact eBay, but I'm sure this is all going to be a hassle.

 

What do you guy's think?

 

Thanks

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Wear marks on rollers could be from factory test runs...bumps in paint are from production...not running.  The deck is stacked in your favor as to Ebay and Paypal.  Just follow the directions on the website under Buyer Disputes.  You may be outside the time limitations.  You just wasted another day putting your complaint on here!!!

Yes, it will be a hassle but it's yer dough and yer decision.  First off, does the seller sell trains or just lots of stuff?  If just trains, he would know the difference between new and used.  Are these flaws you can live with if you were given a partial refund?  Do you want a full refund after sending the item back?  I always try to reach a compromise with a an unsatisfied buyer or seller.  Rarely happens which is why I have 100% positive feedback.  Try one more e mail and state what it is you want and what you will do to get it.  Then do it.

Does/did the seller offer a money back guarantee? Either way if you tried contacting the seller and recieved no response I would go to the resolution center amd "open a case" on the item. The seller will then recieve a notice from ebay that there is a problem, this will get the seller to act. Once a case is opened the consequences are worse if the seller doesn't act. Generally speaking the "customer is always right" and as long as the seller comes through and satisfies you "opening a case" will not hurt them. I had a similar issue with some passenger cars I purchased, they were advertized as new and had signifigant wear and broken parts, no response from messaging, then I opened a case and finally got my refund. Albeit the sellers attitude was horrible and I now avoid buying on ebay from anyone under 100%, especially if they sell a high voulme of items and have regular complaints. I'm curious if its the same seller?

I guess the biggest kicker is the No Returns Accepted. I don't buy if it says that. Not putting off on you but that's just me. The way I look at it if it's advertised as new in my mind they ought to be willing to take it back if that's not the case.
Contact E-Bay and good luck.

David

Originally Posted by POTRZBE:

Yes, it will be a hassle but it's yer dough and yer decision.  First off, does the seller sell trains or just lots of stuff?  If just trains, he would know the difference between new and used.  

There are plenty of folks who sell trains and try to pass off crap as new It's a hassle for the seller, but then thats the sellers fault for not describing the item accurately of posting actual photos. The resolution process is quite easy, just follow the steps ebay gives you NBD.

You've been on this Forum a long time.  My only question is - when you opened the box, was this the first time it had been opened?  I can tell instantly, by looking at the interior wrapping, whether or not a loco has been previously opened and/or unboxed. If it had been unwrapped, then it's not MINT/Factory New.  PS - a "no returns" statement is pure BS; if the guy wants to keep selling on eBay, he has to accept returns, and for just about any reason.  Heavily stacked in the buyers' favor.

I had a situation I needed to get corrected and the seller would not return e-mails or phone calls. I was told by ebay to leave a negative feedback and to use the resolution center to initiate a complaint. I did that and the seller contacted me the next day to work out a solution.

 

I have been buying on ebay for over a decade now and the vast majority of my transaction have been flawless. There have been a few problems but all were eventually worked out. I don't ever bid on an item that doesn't have a picture. You can often get a lot more information from the picture than from the item description.

I don't ever buy "factory new".  Unless the piece is collectable as such, new is worth much less to me than "recently tested and working."  When buying from this forum, I try to work out a deal where I will pay for the new engine, but ask the seller to test prior to shipping.  If not working properly, then they refund.  This has worked out well for me and the seller.

 

Since you didn't post photos of the engine, it is hard to offer an opinion.  I recently bought a new engine from a train shop.  It had smoke fluid in it and looked like it had been run.  But, that's OK with me.  It appeared new and was properly packaged.  Probably someone tried it in the store but didn't buy it.

 

Mike

You have 45 days from the purchase date to contact eBay.

 

I have sent another email to the seller along with a copy of the original email that I sent on April 7th. I have also sent pictures of the pickup roller showing the wear and pictures of the paint issue on the boiler.

 

I also stated once again that I am more than willing to resolve the issue. My number 1 choice would be for the seller to locate a new-in-box engine (which is what I bid on) and I would exchange the used one I received for that.

 

I also stated that if I have not received a reply within a couple of days, I have no other choice than to contact eBay.

This seems to be a common problem. The last 2 things I got off ebay have been like this. One of them was definitely no where near new, and it took an ebay dispute to get my money back. The other one I was able to resolve with a partial refund, as the car arrived like new, but was advertised as new. I took a couple bucks as a refund for the condition difference and moved on. Its obvious that some sellers are mis-representing it on purpose because a new item should command more bidding (and presumably a higher price). These are probably the ones who dont respond because they know they've been busted (probably hoping that you'll just sock it away in a closet rather than open it and check it. Then there's others who at least make it sound like its an honest mistake (who really knows), but never the less, ebay will side with you if you dispute it.

I doubt they're too forgiving with people sending used items as new. Maybe its a different story if its between used conditions, but ebay customer service still seem to think that "new" should be "new".

I don't deal with vendors who don't post photos of the item itself. Nor do I deal with "returns not accepted" vendors. I think that all sellers should at least offer a week (after receipt) to return an item. They'll say there are unscrupulous buyers as well as vendors, but that's the price of doing business.

 

Just a quick update.

 

On Sunday I contacted the eBay resolution center with the issue. I also included all of the emails I had sent to the seller.

 

On Monday the seller called me and offered to give me a partial refund of $250 on the engine. This made the price of the engine $350. I decided to accept the offer.

 

The engine is the Lionel scale PRR S2 turbine from 1991. Everything on the engine (sound, lights, smoke) works. The engine runs OK.

 

This was my first purchase on eBay and I will be more careful in the future.

 

Thanks everyone for your help.

Gerry

 

 

 

 

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