Is it an issue if a seller has some history of misleading, but not entirely fraudulent, listings? Especially if i got "caught" by one?

[oskye]

Not sure the best way to deal with this.

Have run into a seller who (as I later discovered) often lists a product as "Brand New" - even though it is not.

Situation:  Seller occasionally lists video sets - with DVD, Blu-ray and 3D discs. Seller takes out the 3D and resells the remainder (often for the same price as he purchased the complete set - according to ebay records I found).

Problem:  The item is listed as "Brand New" (seller figures this is fine because he hasn't actually opened or played the remaining 2 discs).  Accompanying picture with listing shows the 3D combo pack box.  Accompanying eBay provided info states item is the 3D edition. Provided reviews are for the 3D edition.  

However, he does NOT note 3D in the listing title. Plus, if you bother to continue to scroll down to the very end of the listing (past all the boilerplate and review stuff), he adds a note saying the 3D disc has been removed. I suspect most people miss this.  At least, I did. 😞

So - is this a problem?  Is he in the Right?  And okay to use of the detail saying "3D edition" and "Brand New" - even though the item is neither?

Am I wrong to feel ripped off?  He has offered a refund but i will still be out the shipping.  And he will just turn around and sell it again.

If this IS a problem, how do I notify eBay so he gets"scolded" and does not continue this practice?

Thanks!

[heidilynn0_3]

Hi .. can file a dispute but item must be returned with on line delivery confirmation at your cost. PP refunds full payment.

 There is a report link for all ebay listings but ebay monitors seller activity primarily through feedback and, particularly, DSRs. 1 is lowest.

[oskye]

Thanks. So, bottom line really is - he wins, I lose. Once I spend the money on the postage, etc, plus exchange rate losses, the price works out the same as buying from Amazon. (Although, at least with Amazon, I'll have a new item AND a guarantee.)

I'll file a report/dispute. I've already advised the seller I plan to do this and will, obviously, not be leaving positive feedback.  I can see from his feedback, other buyers realised the items they received were not New, but they left positive feedback anyway.  Unfortunately.

However, don't expect it will make much impact  NorAm sellers don't really seem to give much of a damn about their buyers or feedback.  (While overseas, esp Asian sellers, fall all over themselves to make you happy.)

[reallynicestamps]

The feedback is less important than the (anonymous) DSRs.

The seller may be gloating about the positive feedback, but if those buyers left many One or Two Star ratings, his DSRs may drop below the 4.3 level at which his ability to list and sell are restricted. He may also find that his listing cost rises. If he does not correct his practices, he may find his account closed.

[oskye]

Not sure this chap is astute enough about all that.  His total numbers are low and most are from Buys, not Sells.  He seems rather unaware of eBay Selling policy. 

I have had several email exchanges with the seller.  He does not believe he is doing anything wrong.  He thinks the info he is providing is completely fine.  And I don't actually think he intends to deceive.  But his listings are misleading.  In fact, many times he buys the 3D set on e-Bay then relists it for the same price, copying everything that was in the original sellers listing. He isn't trying to make it really clear what he is selling; what is now different.  And he doesn't seem to 'get' why this is (or could be considered) a problem.

That's really my issue.  If eBay, or someone, doesn't "severely chat" with him, he's going to keep doing this, and other people may get burnt. I fear some of the other buyers may not even have realised they didn't get a 3D disc until after they'd left feedback.  Some might have bought it because it was a good price for 3D (not very good otherwise, though), and figured they'd be ready when they got a 3D system someday.  (That's what I was thinking, anyway.) 

Most recently, when I advised him that I intended to report this issue and would (of course) be leaving negative feedback (since I didn't want him surprised), he threatened to do the same for me in retaliation!  Awesome.  (Yes, I informed him that Sellers could not actually do that...)

My lesson learned in all this?  Don't "Buy Canadian".  I've had no trouble with a myriad of overseas Buys. Only a few minor issues with some in the US.  Buy from one of my own countrymen and I get no end of headache.  And here I figured this one that would completely worry-free.  Ah well.  ;\

Thanks, folks.