Head-Fi.org › Forums › Equipment Forums › Portable Source Gear › Got screwed over--Iriver on eBay
New Posts  All Forums:Forum Nav:

Got screwed over--Iriver on eBay - Page 2

post #16 of 24
6/22/06 at 1:04pm
This is not like ordering a salad that is out of stock. The company listed them in the auction. If you were the winning bidder, could you say "sorry, I have decided I don't want the item because I found a better deal elsewhere?" They screwed up, and should do more than give you your money back. Legally, you could buy one somewhere else and recover the difference in cost from them.
Reply
post #17 of 24
6/22/06 at 1:46pm
Thread Starter 
So should I ask them for the $100 reimbursment for their failure to live up to the contract?
Reply
post #18 of 24
6/22/06 at 2:19pm
I bought two players from outletmp3 with no problems. I'm surprised he didn't offer you a discounted H120 in exchange.
Reply
post #19 of 24
6/22/06 at 4:14pm
I know that I would not buy from outletmp3 ,unless the guy will make it up to you.
Reply
post #20 of 24
6/22/06 at 11:29pm
The failure to honor a successful auction is a breech of Ebay policy:

http://pages.ebay.com/help/policies/...rformance.html
Reply
post #21 of 24
6/23/06 at 12:21pm
I don't see how you were screwed over... If he had ran away and hid with your money after you paid you might have been screwed over... he seemed more than considerate.

Just as in any environment mistakes can be made. It seems as though he responded extremely quickly explaining the situation and is willing to refund your money promptly. He appologized as well. I don't see a big problem with that. He screwed up, simple as that.

I'm not saying there aren't shady people on ebay, but it doesn't seem like this guy is like that. He claims he can't get anymore for some time... if you're still interested in the price you got, I would suggest asking him to email you when more come in.

I don't see what "make it up to you" would entail.
Reply
post #22 of 24
6/23/06 at 1:25pm
Quote:
Originally Posted by akg_man701
Thanks...do you know where else I can get a 140? I just need the optical in and I know I can get a 120 but I really need 40 gigs. I can't seem to find one anywhere. [EDIT]--found it at www.misticaudio.net . It says they still have a few left.

That seller on eBay left me feedback when I paid. I'm going to neg him. I had to pay $100 more at misticaudio.
A negative would be unfair. A neutral, sure. He hasn't screwed you over, he's not made off with your money, or shipped you a box of pieces and claimed that you broke it.

Disappointing? Sure. Ripped off? Certainly not. If the guy was selling these in large quantities, it may be that he had a batch of faulty ones, and had to replace them somehow.

If you ended up paying $100 more via someone else, then that was your choice. If one person is selling a product at a given price, then someone else will be too.

--Rich
Reply
post #23 of 24
6/23/06 at 4:00pm
If you paid $100 more to cover, then the seller is liable for the $100. This is basic commercial law. The code sections are as follows:

UCC 2-711(1) says that when a seller fails to deliver, you can recover the price (get your money back), cover (buy the goods from someone else) and recover damages under 2-712.

2-712 says you can cover "by making in good faith and without unreasonable delay any reasonable purchase of . . . goods in substitution for those from the seller" and may "recover from the seller as damages the difference between the cost of cover and the contrct price together with incidental and consequential damages." So you can recover from the breaching seller the extra $100 cost. I would demand payment of the $100, and if you don't get it I'd give negative feedback, file a complaint with e-bay (with copies of the receipts), and if you still don't get paid, I'd file a small claims complaint.

If the seller is smart and honest, they will pay the $100.

Good luck
Reply
post #24 of 24
6/23/06 at 5:10pm
I got my H140 from outletmp3 with no problems whatsoever. Interesting to find out they were getting them straight from iRiver Korea.

I understand your frustration, but I don't think you got screwed. A negative really isn't appropriate, they made a mistake and you got your money back. You can try getting that $100, but that seems like asking a bit much to me.

Hope you get an H140 one way or another, I love mine.
Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Portable Source Gear
Head-Fi.org › Forums › Equipment Forums › Portable Source Gear › Got screwed over--Iriver on eBay