Just putting it out there,what do you think?

[Motovert Pro]

I recently purchased an alloy swingarm off ebay from surf_babe001 and i received it this morning.Upon opening it not only has it been on a bike making it not quite brand new anymore which is what it was advertised as which really isnt the problem.Its painted metalic silver, where the one pictured in the listing,like the one Thump received was polished alloy.
So my question is how accurate do you think the ebay listing should be?If the item offered is painted however the picture attached to the listing is polished alloy and there is no mention of this in the description, is that false advertising?Should i receive what i thought i was buying or is it a case of take what you are sent and not complain?
To the sellers credit he has contacted me after i sent him an email saying how disappointed i am.However he will only send me what i believe he listed for sale if i cover all the freight.Maybe its just me but if i sold something on ebay and then sent it on and the customer wasnt happy,personally i would offer to cover the return freight as its good business practise to keep your customers happy as they pay your wage.
Ive attached a link to the listing to back up my version of the event and demonstrate the attached pics.
Post up your opinions,am i expecting to much in wanting to receive what i thought i was buying or am i making something out of nothing and should just suck it up?

ALLOY SWING ARM 125cc 140cc - eBay Other Makes, Bike Parts, Motorcycle Parts, Accessories, Cars, Bikes, Boats. (end time 23-Jan-10 01:37:47 AEDST)

NOTE: The swinger is also covered in scratches and scuff marks from being on a bike previously.

 

[----M@TT----]

Well, u should be able to get ur money back OR he should have to pay for the freight himself. its his fault.

 

[synergy17]

imo i think the pic should be of the actual item being sold, and yes i agree u shouldnt hav to cover any extra freight cost, i mean u were only bidding/buying what u saw in the pic, why should u be out of pocket coz someone is too lazy to display that actual pic of the item they are trying to sell. i would lodge an ebay complaint, the item is described as new and yet it arrived looking like it was second hand. my 2c

 

[mr-munro]

That would have to qualify for a "not as described claim" I would think.

 

[Dreadful]

yeah ya SHOULD have got the right bit .... and no you SHOULDN'T Shave to pay freight .....

but if you start any sh#t over it it will be ages till you get the right bit ..... soooo

I'd just pay the freight and be done with it .... that way you have the right bit and you are riding again

 

[pbk]

do you have to send back the other one??

i have had something similar happen but got a whole new free of charge

 

[Motovert Pro]

do you have to send back the other one??

i have had something similar happen but got a whole new free of charge

Im more than happy to send this one back if they will send me what they advertised but i dont think i should have to cover the freight as im in sa and the seller is in queensland

 

[rastus]

I for one would not be just sucking it up and coping it on the chin. I had major problems when I bought my son's Atomik and I kept on them until I got what was rightfully mine as a consumer. I was asked on here by a forum member to open up a buyers dispute with e-bay which I did and then I finally got some satisfaction and replys. You as a consumer have rights to rightfully purchase an item as advertised at time of sale and in good faith for the items described. I would try the dispute on e-bay first and if no satisfaction is gained upon that request I would then follow it up through the local consumers office in your state or territory. Trade practices acts apply to private and commercial sellers. Do not give in on it and if it takes time so be it. Stand by your rights and follow it through all channels if needed. I would email the seller back and tell them what course(s) of action that you are going to be taking and await the reply from them. If all works out satisfactorily, all well and good, if not resolved then I would be taking the matter further through the higher channels. Do not take any issue lying down. Stand by and fight for your rights. I would not cover the freight either as it was wrongly advertised.This is his responsibilty for sending an item not as listed.All costs for freight should be borne by him not you to return this and send the right one as you have already paid freight once and received a dodgy item so to speak.So why should you pay for false advertising. I am in Brisbane QLD if you need any help on this. My complaints with Atomik took the good part of nearly 6 weeks but I got was rightfully mine in the end and I do not back down from anyone or anything. Well I also looked at the ad. Advertised: NEW. Advertised: ALLOY SWINGARM. No mention of painted. Hmm. Get on to him mate and put the rocket up him. Here's a bit of info that he has to abide by from the Queensland Trade Practices Act. Especially Section 1 here immediately below noting to your purchase..

Copy from QLD Trade Practices Act.
The Trade Practices Act - Advertising
Advertising

It is important for businesses to ensure that any message gives customers the whole picture when promoting goods or services. Representations of the product or service must be factual and the overall impression must not be misleading.
Any price savings or discounts advertised must be genuine and explain how they are calculated. Any price comparisons must be between like goods or services.
Last updated 1 July 2008

The Trade Practices Act - What is covered by the Act?
What is covered by the Act?

prohibiting anti-competitive conduct such as price fixing and market sharing agreements
stopping anti-competitive mergers
prohibiting unfair trading practices such as misleading advertising
protecting businesses from unconscionable conduct and providing for better disclosure and dispute resolution.
The Act does not restrict you from making deals that suit your business; but neither does it protect you from deals that fail.
Last updated 14 July 2009

The Trade Practices Act - What to do if you have a dispute?
What to do if you have a dispute or complaint

Deal with the dispute promptly. If communication with the supplier has failed, address your concerns with their head office or a disputes resolution agent. See the full guide available from the Australian Competition and Consumer Commission (ACCC) on 1300 302 502 or from their website ACCC home.
Last updated 29 January 2009

The Trade Practices Act - Unconscionable conduct
Unconscionable conduct

The Trade Practices Act was amended in 1998 to strengthen existing protections for business, giving them similar protection to consumers from being exploited by a stronger party resulting in an unreasonable contract or conduct. The court will consider the following actions:

the parties' relative commercial strengths
whether undue influence was exerted
whether the contract exceeded what was reasonably necessary for the legitimate interest of the larger business
the requirements of any applicable industry code, and
whether there was evidence of disclosure, good faith and willingness to negotiate.
Last updated 29 January 2009

 

[dazza_911]

your in the right, and if you have the time and can be bothered you can argue and shouldnt pay a cent, me personally ide prefer to just pay the postage as im sure the seller will be less then helpful if your complaining. In short your in the right but its going to be a hassle

 

[mattbombers]

ok, in my experience hes been a good bloke to deal with.
iv bort quite a bit from him as he's only 25 min drive from me and way cheaper then shops.
do you have a photo of the part? and what has he said about it all?

 

[Motovert Pro]

ok, in my experience hes been a good bloke to deal with.
iv bort quite a bit from him as he's only 25 min drive from me and way cheaper then shops.
do you have a photo of the part? and what has he said about it all?

Ive also bought bits off him in the past and had no problems.
Yes i have the listing saved along with the emails we exchanged today but obviously not the phone call.I think he must have had a bad day today because he was quite arrogant on the phone which isnt good for business.

 

[rastus]

Ive also bought bits off him in the past and had no problems.
Yes i have the listing saved along with the emails we exchanged today but obviously not the phone call.I think he must have had a bad day today because he was quite arrogant on the phone which isnt good for business.

Scroll back mate and read my post.
Rgds Rastus.

 

[sean01]

yep...item not as described...

its wrong tht you have to pay the return freight because it was there stuff up from the beginning....

go onto ebay and jump in the live tech support and see wat they have to say....

if it were me, id be kickin and screaming untill they agreed to do the right thing.

also if you paid by paypal you can try and pull a swifty and get a full refund and in some cases you get to keep the item... dont know how it works but it has done for me and my friends several times..

good luck either way... times like these can be frustrating as hell...

ps. if ya in a rush for the item, just pay the return shipping and blast the hell out of them in there feedback..

 

[mattbombers]

also if you paid by paypal you can try and pull a swifty and get a full refund and in some cases you get to keep the item... dont know how it works but it has done for me and my friends several times..

if thats the case your the pr*cks that put sellers out of pocket.
i was shafted for about 100 over several transactions even after giving paypal postage receipts ect.

 

[rastus]

if thats the case your the pr*cks that put sellers out of pocket.
i was shafted for about 100 over several transactions even after giving paypal postage receipts ect.

Sean. I did kick and scream about my son's Atomik and won in the end.I give no apoligies for this action you described, but what you described to do is tantamount to theft.This is definitely the wrong thing to post and may give wrong ideas to others that follow us to do this sort of action. No apologies as I said for doing an action as such as this. I would not recommend that this course of action be taken as it will not resolve anything but leave the 2 parties concerned in an argumentive state over concerns. I would prefer that my post is read on scroll back and follow it through the proper courses and channels. Resolve issues amicably and legally. I do not agree with your course of action. Ban me from this site if you may or will through others but hink twice before you post things like this. You are wrong sir and doing the wrong thing.

 

[mattbombers]

well put rastus
i agree 100%

 

[rastus]

well put rastus
i agree 100%

Thankyou Matt.

I I get kicked for this your the first one I will be looking for re-instatement.I stand firm and tall on this post.

 

[sean01]

Sean. I did kick and scream about my son's Atomik and won in the end.I give no apoligies for this action you described, but what you described to do is tantamount to theft.This is definitely the wrong thing to post and may give wrong ideas to others that follow us to do this sort of action. No apologies as I said for doing an action as such as this. I would not recommend that this course of action be taken as it will not resolve anything but leave the 2 parties concerned in an argumentive state over concerns. I would prefer that my post is read on scroll back and follow it through the proper courses and channels. Resolve issues amicably and legally. I do not agree with your course of action. Ban me from this site if you may or will through others but hink twice before you post things like this. You are wrong sir and doing the wrong thing.

you's have totally missed the point...

i didnt say it was right, all i said was in some cases the goods remain in your possession. paypal are the ones to blame for this happening...

i also said pay the freight to return it....

geez when are you's guys gona read everything someone posts...

ps.. and by swifty i meant open a paypal dispute..

 

[Satchy]

What ever you do mate dont leave the dispute to the last minute!
I have done this to many times and the china man got rich of my wallet...
I would personally open a dispute straight away, through ebay that is then paypal as the last option.

That word arrogant hits a spot when its to do with ebay!

 

[mattbombers]

you's have totally missed the point...

i didnt say it was right, all i said was in some cases the goods remain in your possession. paypal are the ones to blame for this happening...

i also said pay the freight to return it....

geez when are you's guys gona read everything someone posts...

ps.. and by swifty i meant open a paypal dispute..

OK, that's a bit clearer but the way it was originally it did not sound good.
i still don't see how if you have kept the goods several times but you don't think its right?