My Paypal dispute over broken DT770's...

[Jbucla2005]

I got a pair of DT-770's on e-bay that arrived with a blown driver. Granted, I was hasty and didn't read the part about the 'slight rattle only when very loud bass was played' - otherwise I never would have bought it (paid $150.) But in the end I filed a dispute with Paypal over it because I felt the seller was in the wrong for trying to sell a totally damaged item and pass it off as having only minor damage. After I discovered it and e-mailed him about it, he claimed his friend did it and he would try to get the money back from him for it. That is when I smelled a rat. Why couldn't he just pay me? I then asked for a partial refund so I could repair it. After a day or two passed and no response (since his friends don't always pick up the phone, he said) I threatened to file a claim with Paypal. Then he said he would not give me a partial refund because I threatened him. Another move that I didn't like. In the end I filed the claim, asking for a full refund, based on the premise that the item is internally damaged and not as described. The case is under review right now. Do you think I have a case here or is he safe from Paypal? What do you think?

Follow-up: he is actually a member of head-fi (found by looking for something similar to his e-bay id) and according to his profile he uses 'slightly damaged DT-770's' so he knew they were damaged and it was obviously not his friends doing.

 

[Veniogenesis]

Oh man! I hope you win the case.

That is extremely dishonest of him to do that. Personally, I think he is totally at fault here.

Post some feedback in the feedback section in case that person decides to rip someone else off.

 

[Squeek]

You'll win. I can almost guarantee it.

 

[[AK]Zip]

I agree. Leave him feedback here that way he can't rip off anyone else.

-Alex-

 

[nomdeguerre]

Quote:

Originally Posted by [AK]Zip I agree. Leave him feedback here that way he can't rip off anyone else. -Alex-

He won an ebay auction...

 

[Veniogenesis]

Quote:

Originally Posted by w1ned He won an ebay auction...

You mean it's okay if it's an ebay auction?

 

[kramer5150]

Quote:

Originally Posted by Jbucla2005 I got a pair of DT-770's on e-bay that arrived with a blown driver. Granted, I was hasty and didn't read the part about the 'slight rattle only when very loud bass was played' - otherwise I never would have bought it (paid $150.) But in the end I filed a dispute with Paypal over it because I felt the seller was in the wrong for trying to sell a totally damaged item and pass it off as having only minor damage. After I discovered it and e-mailed him about it, he claimed his friend did it and he would try to get the money back from him for it. That is when I smelled a rat. Why couldn't he just pay me? I then asked for a partial refund so I could repair it. After a day or two passed and no response (since his friends don't always pick up the phone, he said) I threatened to file a claim with Paypal. Then he said he would not give me a partial refund because I threatened him. Another move that I didn't like. In the end I filed the claim, asking for a full refund, based on the premise that the item is internally damaged and not as described. The case is under review right now. Do you think I have a case here or is he safe from Paypal? What do you think? Follow-up: he is actually a member of head-fi (found by looking for something similar to his e-bay id) and according to his profile he uses 'slightly damaged DT-770's' so he knew they were damaged and it was obviously not his friends doing.

It doesn't look like he mis-represented the item in any way... He does clearly state 'slight rattle only when very loud bass was played'. Now if this statement is false, and the driver is blown, makes no sound or makes rattle no matter what level of bass... then IMHO certainly you have a chance.

But if the cans are indeed 'slight rattle only when very loud bass was played'... I don't see how you have a chance?

IMHO the odds are stacked against you already. IMHO ebay is a sellers market, and you have to have a pretty clear cut case of mis-representation before paypal will take action in your favor.

**edit**
Ebay item number 5808701315

Its stated very clearly in his auction, there is a rattle on bass passages. IMHO you don't have much of a chance... Unless you can convince paypal he mis-represented the item. My understanding with Ebay, is that Items are sold AS-IS (NO returns or refunds) unless specified otherwise in the terms of the auction.

Good Luck though!!
Garrett

 

[grawk]

The only way to win a paypal dispute is if you don't receive a package from the seller.

 

[[AK]Zip]

Quote:

Originally Posted by grawk The only way to win a paypal dispute is if you don't receive a package from the seller.

Yep preaty much. Sadly that is true.

Good luck either way.

 

[braillediver]

“The only way to win a PayPal dispute is if you don't receive a package from the seller.”

Yes. True.


“mis-represented” That’s a judgment call and PayPal isn’t in that business. If it’s clearly stated in the auction that there are problems then it’s a question of the level misrepresentation and that ends up being a judgment call.


“Granted, I was hasty and didn't read the part about the 'slight rattle only when very loud bass was played'”

You entered into a binding contract by bidding and are responsible for not reading the auction.


PayPal won’t come to your rescue on this one. If you paid with a credit card maybe you could ask them about a charge back? Otherwise it doesn’t look good for the home team.


Mitch

 

[nomdeguerre]

Quote:

Originally Posted by Veniogenesis You mean it's okay if it's an ebay auction?

I mean, why would you leave feedback HERE if it was a transaction on ebay?

 

[RickG]

Quote:

Originally Posted by w1ned I mean, why would you leave feedback HERE if it was a transaction on ebay?

That would not be proper.

edit: Furthermore, since the sale was on ebay, please do not reveal the member's name here.

 

[grawk]

Just be glad you didn't spend $1000 on something and get a box of bricks. Always read ads carefully. Always assume that descriptions of problems are underestimating the extent of the problem, and bid based on the idea that you'll have to repair the problem yourself.

Luckily, it's not too expensive to get a new driver for the DT770s, and the repair is quite easy, if you can handle a soldering iron at all. If you aren't, contact Larry at headphile, he might even have unused DT770 drivers lying around he could give you a deal on, in combination with the repair. Especially if you use the opportunity to make some darth beyers...

 

[Wodgy]

He said it has a rattle in the auction description. Sounds to me like nothing was misrepresented. Asking such a price for a rattling can was probably unethical, but no one's going to give you your money back for an ethical problem. Your best hope is to work out some kind of deal with the seller.

 

[Squeek]

Oops. I did not realise that you were made aware that it suffered from a rattle before you bid.

I retract my previous statement and tell you you're screwed instead.

Caveat emptor. Particularly when already warned.