Ebay item not as advertised. Problems getting full refund.
I bought a Reverse Osmosis Water Filter unit off Ebay from Soumi Knight Systems on Sep. 9. It was advertised as a brand new unit. It was supposed to ship within 4 business days. 4 business days went by with no shipping confirmation from him. I waited several more days then sent an email asking about my order. He said some items were backordered but it would be soon. I said ok. After several more days without hearing from him I inquired about my order again. He said it would ship the next day. It did not. No shipping no. or contact for the next several days. I sent an email asking him to cancel the order. He emailed right back saying my order was shipping that day. The unit arrived in a single box with the lid humped up about 3". The items didn't quite fit in the box. There were several other people in the room when I opened the box. I saw some of the parts looked dirty immediately and the tank was the only item in original packaging. I took part of the unit out of the box and saw that some of it had been put together already. There was masking tape on some of the items that had the name of the item on them. At least some of the items did not look new to me or any of the others in the room. I asked him about this and he said everything was brand new. He had spilled coffee on the unit when he was putting it together. He put the masking tape on the items and partially assembled the unit to make it easier for me to put it together. (He admitted this in an email.) I have asked him in several emails if he does that for everyone but no reply to that question. I have also asked him what he personally would do if it were him that got this unit. No reply to that either. I then told him (all of this is via email) that I thought some of the items were used and would like a replacement or refund. He refused to do either until I paid to ship the unit back to him at my expense. I am on SS disability and told him that several times in earlier emails. He knew I had zero extra money and this would present me with monetary problems. I finally decided to ship it back at my expense in order to facilitate my getting a refund. I packaged the item using the same packaging and box that he sent it to me in using FedEx. He claims the unit arrived damaged and he is charging me for damaged parts and to restock the item. After several more emails he did refund $110 to my Paypal account. The item was $155.95 total. I know the difference is not much money to most people but it is critical to me. I have contacted his local BBB, Ebay and Paypal. I do have an affidavit filled out and mailed to Paypal about this. I have also bought another RO unit from a different co. on Ebay. This unit arrived in 2 boxes with all pieces in original packaging. Is there a legal way for me to find out how he normally ships his units (1 or 2 boxes)? Or to find out if he normally ships his units partially assembled (by that I mean mostly assembled, parts that should not be normally attached and be in original packaging were put together already) and if he tapes some of the items and writes the name of the item on the tape? I believe he shipped me a unit he had laying around because I wanted to cancel my order. No proof other than the unit itself and condition it arrived in and his admitting that the unit was in this condition when he shipped it. Do I have any legal recourse? Did he commit fraud or mail fraud? I do have all emails and the people that saw the unit would be willing to testify that parts of the unit were stained and did not look new. Any advice or help would be greatly appreciated. Thank you.
|
10-11-2007, 05:40 PM
Similar Threads
Linear Mode
