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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I sold a rolex watch on ebay. I stated the condition use

Resolved Question:

I sold a rolex watch on ebay. I stated the condition use and 30 years old.I also stated no returns. The price at £3225 fairly reflected this as similar watches on ebay in mint condition are nearly double the price.

After the buyer found small damages and tried to send it back I phoned ebay they recorded the call,when the representative said 'we have found for you, you have no further worries'.

Ebay now claim that though the representative was recorded on making that statement they were not qualified to do so. so it doesn't count

I say whoever deals with me in ebays complaints department is their representative and ebay must stand by their word

I know I morally correct. Am I legally corect
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name is XXXXX XXXXX can help with this.

tdlawyer :

Have ebay now given you a formal decision by email/in writing?

Customer:

No, they verball maintain that as the representative that should not have said that they case was resolved in my favour they are not responsible

tdlawyer :

Well, I don't see that you can be responsible for this at all anyway.

tdlawyer :

You described the watch as "used".

tdlawyer :

It was used. It was as described.

tdlawyer :

Used things are not perfect and slight damage is inevitable.

tdlawyer :

The legal position is, when you sell something in a private capacity, there is no liability for the goods not be of a "satisfactory quality", but they must match their description.

tdlawyer :

By saying it was used, you have properly described it.

tdlawyer :

If you said "there is no damage" - then this would be wrong, and I can understand why they say there might be a claim.

tdlawyer :

But without such words, I don't see the claim against you.

Customer:

What about ebays being responsible to uphold the representatives decision

tdlawyer :

If their terms require a written notification, and they most likely do, then they would have to put it in writing to be effective and binding on them, unless knowing their decision, you did something that changed your position in reliance upon it. Such as, you spent the money the purchaser gave you - which you wouldnt have spent had Ebay not told you they found in your favour.

Customer:

can I copy your reply

tdlawyer :

Yes, what I normally do is ask our customer services department to e-mail it to you, once the chat has finished. Will this work for you?

Customer:

Than you please email it asap, have you anything to add

tdlawyer :

I've nothing to add to that above, and will ask our customer services team to e-mail it to you shortly. Can I ask whether you are happy with the service you have received today?

Customer:

You have been of great help

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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