Hardware I was scammed - Should I be able to get my money back?

[jastolze]

Okay so I bought a 'used' PS VIta system from someone on Ebay for 85 USD. Besides the Vita, it was supposed to come with a 4GB Memory card. a game and under bundled items it said it would even include extra chargers.

Not only did I not receive a single charger, but after I purchased a charger of my own, I come to find out that the Vita system is bricked.

He advertised the System as having a "flashing orange light". When I went to look up what that light represent, PSN's official site said that it means that it has too low of a battery to play at the moment. Source: http://community.us.playstation.com.../PS-Button-Info-about-the-light/td-p/37136740

So, I figured that it just needed to charge for a day. So I bought it and let it charge for 72 Hours, it still wouldn't do a thing. Since he advertised the system as used and not as Not Working/Parts, and I received a broken item, should I be able to get my money back? He said No returns. but EBay's policy protects users from things like this.

I should also mention that by listing an item as used, according to Ebay, it should be "fully functional, with signs of cosmetic wear"

After I contacted him, he now says he described the item as broken. That's not how it was written, at least not how I read it.

Here's the link to the Ebay item I bought: http://www.ebay.com/itm/181747270700?_trksid=p2057872.m2749.l2649&ssPageName=STRK:MEBIDX:IT

My question to you guys is: Does he have a case, or is he full of himself. I've already reported him to ebay, but they can't step in until June 2nd (I guess because that gives us time to work it out) I will make a poll to see if I should even try to get my money back.

Thanks!

 

[Nathan Drake]

Although his description did imply that there was something wrong with the item, he filed it under used. Used says:

Used: An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or store return that has been used. See the seller’s listing for full details and description of any imperfections.

As such, you can easily argue that, based on the information given, the unit was functional. Granted, his written description should have been a red flag when he said going to charge it still only resulted in the flashing orange light. The case may go in your favor, but if it does, it will only be because he listed the item incorrectly. It could easily be flung back at you though based on the description that implies the item is indeed broken. Just hope for the best and don't yield.

 

[geishroy]

You should ask for a refund. He sold it used instead of 'As is'.

 

[endoverend]

I'm not sure if you'll get your money back, but you should certainly try. He clearly implied that there was something wrong with the console (his title said "WORKING??") but he also filed it under the wrong condition category.

 

[yokomoko]

Yes you should get your money back. Don't let that crook take your $85. Ebay is strongly in favor of buyers in these disputes, the seller should have a VERY hard time defending himself. Just give eBay all the details when they ask for them and you should have your money back soon.

 

[Ralph1611]

Do NOT let this guy get away with it.

 

[DJPlace]

i would say get your money back. if he did not know if it was working or not. he should of tested it.

 

[crea]

Edit: sorry I totally overlooked the ebay link.

OK tho he had an uncommented negative feedback and basically said it might be bricked. You are lucky it was not posted under defective, on the other hand it might still be tough to get the money back if not paid by paypal (because ebay then does not care too much)

 

[mechagouki]

I will say you were somewhat naive about this, and I would run a mile from any item description that vague and full of question marks, but, he did list is simply as used, which as mentioned above means it has to be fully functional under eBay's guidelines. You have a clear "item not as described" case, and you are also covered under eBay's new Money Back Guarantee system I believe.

The seller was likely aware of a serious issue, he may even have caused it trying to perform a hack of some kind. That being said, $85 is on the cheap side for a Vita and accessories on eBay, so you should have thought twice before buying - there's no real bargains on eBay.

EDIT: If you haven't already, try this: http://www.gamefaqs.com/boards/620272-playstation-vita/61969097

 

[The Real Jdbye]

The description was unclear at best. It's not exactly wrong, but it's kinda all over the place and nowhere does it actually state that it's broken, likewise it doesn't actually say that it's working either (not in what he wrote, anyway)
It could be that it just needs a new battery though. I don't know if the Vita will work without the battery in, powered just from the charger, but you should try that, it might work.
Failing that, I would try to get a refund, I'm not sure if eBay will agree with you, but they seem to side with buyers.

I can imagine the guy isn't too happy about this either, having to go through this whole ordeal just because the listing was a bit unclear. The description (and title) should have been a red flag for you, but this isn't the guy's first time selling something on eBay so he should know better as well. I'd say you're both at fault. And if you return it for a refund, you'll both be out shipping one way, which seems fair to me.

 

[GreatCrippler]

Open a case. Paypal tends to side with the buyer. Especially under 14 days.

 

[migles]

the guy had doubts about the article, in the description he said

It working fine just 2 days ago It died I went to go charge it and it just flashes orange

he was playing dumb... he said it was dead. and then said "in an amazing condition"
well. since he posted as working, and with a doubtfully text and description, i think you gonna win, either way it looks like the guy is a 13 year old...

anyway, there was no info about comming with 2 chargers, just the game and a memory card. if he talked via pm about the chargers and you didnt get them... well, he was clearly getting you... and no offence but you were kinda dumb... if he had the chargers he would wrote on the description...

i really hope you get the money back.. you should be carefull with info like this but if this gets solved for your side, bad stuff must happen for getting rid of the trash...

 

[jastolze]

the guy had doubts about the article, in the description he said

he was playing dumb... he said it was dead. and then said "in an amazing condition"
well. since he posted as working, and with a doubtfully text and description, i think you gonna win, either way it looks like the guy is a 13 year old...

anyway, there was no info about comming with 2 chargers, just the game and a memory card. if he talked via pm about the chargers and you didnt get them... well, he was clearly getting you... and no offence but you were kinda dumb... if he had the chargers he would wrote on the description...

i really hope you get the money back.. you should be carefull with info like this but if this gets solved for your side, bad stuff must happen for getting rid of the trash...

look under bundled items on the listing.

 

[xile6]

I do alot of buying on ebay and some sellings.

If i was the seller I would have sold it "used for parts or repair." Since i dont know if it works or not. And always tell the whole history.

Now If i was he buyer i would ask for my money back. In the listening he says
"working???" This says its working but maybe hes unsure or made a typeo

Also it doesnt say it comes with a charger, just game and 4gb card.

But contact paypal and tell them it was listed as working but it doesnt work.

 

[migles]

"working???" This says its working but maybe hes unsure or made a typeo

no, it's clearly a sellers fault.. in the tittle he shows he is not sure about the console being functional, the same somewhat happens on the description
he is playing dumb, that he doesn't know what happened... trying to give the problem to someone else....

if you are UNSURE about something either working or not, what you do? either figure it out, or ask someone to check it. or just leave it on the desk for some time because you don't have the time or mood to try make it work.
but one thing you don't do. is selling it to someone as and select the option that means it as a fully functional item.

anyway, what happens if he gets the money back? does he have to return the item?

 

[raulpica]

Open a case. Paypal tends to side with the buyer. Especially under 14 days.

This. I think the OP has good chances of having his money back.

It was listed as used, which implies that it was working.

 

[WiiCube_2013]

If the seller is the type to ignore messages then make a claim against him to retun for refund. Do keep in mind you definitely should send it tracked/signed or else he could still say 'I didn't receive the return'.

 

[jastolze]

Thanks for the replies guys. For those that missed it, it says it comes with a charger under Bundled Items, not in the title. I am not really worried about the charger, but it does look bad on the seller. I need to mention that I did not pay with paypal but a credit card if that makes a difference. Besides that if he knew it was not working, why sell a brick for 85 bucks? Anyways I will file a claim. I was going to write a negative review, but seeing how you guys think he unintentionally did this, I will not if write one if I get my money back. Again, thanks for the help

 

[Ralph1611]

Thanks for the replies guys. For those that missed it, it says it comes with a charger under Bundled Items, not in the title. I am not really worried about the charger, but it does look bad on the seller. I need to mention that I did not pay with paypal but a credit card if that makes a difference. Besides that if he knew it was not working, why sell a brick for 85 bucks? Anyways I will file a claim. I was going to write a negative review, but seeing how you guys think he unintentionally did this, I will not if write one if I get my money back. Again, thanks for the help

are you kidding? he did it intentionally. Why sell it so cheap? He just wanted to sell it fast.

 

[migles]

I was going to write a negative review, but seeing how you guys think he unintentionally did this,

i pointed out he is playing dumb. as in, pretending to not know. therefore it was intentionall..

if you don't know something is working or not. you will not sell it to someone to figure it out...
one thing that can happen is a friend comes to your house. sees the broken console and says he wants to give a try to fix it, and tries to buy it from you. but that is different scenario.