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More ebay drama



05/21/2002 04:06 AM - FROM: paul@timmins.net
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The item was described as New and Complete during the auction, driving the price to just below retail value new. Inside the box was something like a pre-sales inspection slip. It had "new and complete" scratched out in pen, and noted only half the screen functions. I verified this. The device was also missing 2 screws in back and had obviously been tampered with. Upon inspection the battery inside was disconnected, as well as the screen not working, as well as the stylus holder.

05/21/2002 10:15 AM - FROM: bargainland-liquidation
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packaging may be slightly or severely damaged, opened, or even perfect; nevertheless, the contents are O.K.); this item will sell as-is. From the auction what does this say. this item was sold AS IS and it clearly stated that the contents may or may not be damaged. You bidded on an auction that clearly stated that the item may be damaged and when you received it, it was so now you wanta refund and you clearly bided on this item so you agreed to all terms in First time buyers and you also agreed that you will not receive a refund . thanks Jeffrey L.

05/21/2002 02:44 PM - FROM: paul@timmins.net
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It clearly stated the contents were ok. This means the contents aren't obviously damaged. At any rate, regardless of any disclaimers to the contrary, you committed fraud by stating: This item appears to be in "new and complete" condition When in fact you knew that it wasn't, and even noted that on the slip that came with it. That is a material misrepresentation, and I would love to see you defend that in court. I am not asking for a refund at this point,as so much as I'm reporting you for fraud on eBay. Regardless of any disclaimers, you violated community standards and the AUP of eBay by making a known material misrepresentation. AS IS disclaims warranties, but does not cover fraud. You can't disclaim fraud with AS IS. I am considering pursuing filing a fraud complaint with the Attorney General's office in both Michigan and Arizona.

Comments

madeleine
May. 22nd, 2002 04:51 am (UTC)
E-bay's got several problems going on - we got ripped off from selling a car on e-bay. When we called to find out why he wasn't paying, his Mommy said we were being mean to her kid who was *under 18* and therefore not legally bound to any promises he made. Our story here

Good luck getting your money back. We're still trying to get our $40 listing charge from e-bay. (btw, we sold the car locally in the Real WorldTM