Problem with eBay transaction. What to do?

mike kim

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Last week, I bought a German 35mm Summicron (4th version) through the auction site. In the pictures, the lens looked in excellent cosmetic condition and the glass looked good, so I asked him about the condition of the glass, focusing, aperture, etc. just to make sure. He responds saying that the glass is very clean and that there's two faint "cleaning marks" on the front elements. I asked if they could be seen looking through the rear elements; he said that they are not visible, and proceeded to send me pictures showing the scratches. Okay, two small scratches don't worry me too much if the price is good, so I bought the lens.

A few days later, the lens came very well packed (even a packet of silica gel inside the box!). I took the lens out and inspected the lens with a small flashlight. The two scratches were a little bit bigger than in the photos, but that was not the problem: there was one or two more scratches (albeit small), AND there were some scratches in the inside elements, looking from the rear lens. That's when I decided to contact the seller and tell him about these marks that he did not mention to ask for a refund.

The auction specified "No Returns Accepted" and "Please ask any and all questions before bidding as item is sold as is" (how fool of me to buy from this kind of auction). He then responded:
Buyer's remorse is not grounds for a refund. I stated very clearly in
my auction that all questions should be asked before bidding and that
the lens is sold as is with no refund. Furthermore, I have endeavored
to the best of my ability to describe the item accurately and include
photos. I have answered all your questions promptly, honestly and
thoroughly. I take these measures to avoid the hassle of refunds,
returns, relisting, and general buyer's remorse. You bid on a used
lens not a brand new lens. It is impossible to describe every minutae
of imperfection and I believe your expectations are unreasonable given
the age of this lens. I have a 100% feedback score which attests to my
clean track record as an eBayer. I treat others fairly and I expect to
also be treated fairly. If you are not happy i suggest you sell the lens. I am sorry for your disappointment but I am
not willing to issue a refund.
That is certainly not my definition of buyer's remorse. I know that people can make mistakes... I have sold a camera in the RFF classifieds once, and the buyer told me there were things I had not described, and he was right. They were things I hadn't noticed so I offered a refund. I thought that was how it worked. Now... I think these scratches, though only seen with a flashlight, are not "minute imperfections" that can be overlooked in a description, and are an acceptable reason for a refund.

I replied back saying everything I said just now, and I'm now waiting for his response. Is my thinking wrong? These scratches will probably not affect image quality significantly or noticeably at all, but I feel deceived. And resale value worries me more than performance.

If he doesn't offer a refund, I have three options:

-Shoot with the lens and hope I'll never have to sell it.
-Sell in eBay or RFF Classifieds for less than I payed and lose a couple hundred dollars, which is a lot for a college student who's been saving up for this lens by not going out much and eating Ramen instead of proper food for months.
-Take this to the PayPal Resolution Center.

Am I exaggerating or am I in my own right to demand a refund?

Sorry for the long post/rant. I've only been having bad luck with photography gear this year, starting with my M6 and 35mm Summicron being stolen a few months ago and now this. :bang: Please remind me never to buy in eBay again except from reputable stores.

EDIT: Moderators, feel free to move this thread if it belongs in another forum. I often have trouble categorizing some threads...
 
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Tough Situation

Tough Situation

This is a tough one because of the seller's no return policy and disclaimers. You could open this for ebay resolution, but I am not optimistic that you will get a favorable judgement. If the scratches are truly small and require a flashlight for detection, at least you have a functional, if not cosmetically perfect, lens.
 
If you aren't happy and feel like the seller did not list all defects I'd file a paypal complaint.

Paypal's buyer protection policy will get you your money back...you will however have to return ship with tracking which you will make available to paypal..
 
1.Open a dispute on ebay. If you PayPaled him he won't release your money until the dispute resolved.

2. Scratches? Why do you worry, it is only in your head they will NOT change the lens performance!!! YOU WON'T SEE THEM ON THE FINAL PRINT! If you do, god you have good eyes!
 
You've presented a lucid, unemotional description of your predicament, Mike. You're obviously a clear-headed fellow.

I don't consider myself a big eBay-er but I have purchased quite a bit of camera gear on it. (I'm actually in a bit of a Leica gear jag on eBay lately...unusual for me.) My own opinion, based on your description but without the benefit of seeing the actual lens -vs- its eBay representation, is that you are not due a refund. The seller sounds to have delivered the product largely as promised. That it's not quite as cosmetically clean as you imagined it would be is probably a very weak basis for arbitration. Too bad that the seller won't refund your purchase but it sounds like he made that clear on his representation, too.

So I suggest just moving on and enjoy that lens.
 
AND there were some scratches in the inside elements, looking from the rear lens.

Probably caused by the manufacturing/assembly process and have been there from day one. They'll have absolutely no effect at all on your images, and only the "flashlight brigade" (of which I am a member 😉) will ever know they're there.

If it was me, I'd just use the lens and enjoy it.
 
If you are really upset about it, a complaint with the resolution center is probably your best bet. If that fails, you can go through your credit card - I hope you paid with a credit card through paypal.

I'd keep your complaint simple. The paypal employees resolving the dispute won't know much about lenses. If the lens was not as described, you should have a decent case regardless of the seller's no-return policy.

I'm curious - how much did you pay? If you got it for a bargain price, you're probably just as well off keeping it and using it. As others have said, you'll never notice the scratches on your photos.
 
Vic: Yes, I payed with my credit card through PayPal even if they trick you into using your bank account as a default. I will contact you if I decide to open a dispute. Thanks for the support!

arsenii: I know... Personally, I don't care too much about scratches. That's why I bought a lens that I knew it had a couple of scratches for a little bit cheaper. The problem is, if I ever decide to sell it I'm going to have to for much less than I payed for since most people do care (unless you make me an offer 😉).

Ken: I admit the item was not grossly misrepresented. But having known about these issues, I would have avoided the auction unless the seller offered me a better price. Maybe I should ask for a partial refund?

jonmanjiro: I didn't know that was possible (especially coming from Leica 😉).

Tim: I payed $1125. It seemed like a good price for the German version (not a bargain, but fair enough), although I see no difference with the Canadian version I had before, except for the aperture ring being looser in the latter.
 
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There is no ebay auction paid with paypal that can't be returned and refunded no matter what the terms say. I'll leave it at that. 🙂
 
It is really not the point whether scratches have any effect on the photos. The seller could have told him there were more scratches inside else if he didn't know then just say so instead of misrepresenting the condition of the item through negligence or ignorance. Further why not represent something as mint condition and when it is not argue it does not matter to the final picture?
 
take some pics with the lens and look at the resulting images.
i'm guessing they will be fine.

look here
I've seen that website many many times, and it always makes me feel better 😀. But I worry more about the misrepresentation of the item when I bought it, as the post above says.

UPDATE: the seller offered me a $60 refund. Trying to decide what to do...
 
Hi,

FWIW, I side with the seller on this one. That being said, I think PayPal will side with Mike if Mike runs through the "not as described" PayPal dispute gaunlet. Yet I don't think the seller misrepresented the lens in anyway. The other scratches that Mike has found are easily missed and are irrelevant in terms of images; thus I can find no negligence on the seller's part.

I think that Mike, if you decide to use the lens, you will soon forget about any imperfections that do not affect your prints --- all lenses have some optical imperfection, examining the glass closely under magnification will reveal what is glossed under normal viewing conditions.
 
There is no ebay auction paid with paypal that can't be returned and refunded no matter what the terms say. I'll leave it at that. 🙂

Not true. My own example is proof. Even my credit card company is not standing behind me - in my case the item just never arrived, but the Post Office has a delivery confirmation that says it did. Paypal refused, eBay refused, the seller refused, and now my credit card company has refused to refund me. All insist that I have the lens, when clearly I do not. So please, don't say that, it isn't true.

However, in this case, if the buyer lodges a complaint with Paypal that the item was significantly not as described, he'll get his money back. It will take awhile. Paypal will make him take the lens to a camera dealer for an appraisal. But if it has the scratches he is describing, he'll win his case.
 
There is no ebay auction paid with paypal that can't be returned and refunded no matter what the terms say. I'll leave it at that. 🙂

AND THAT'S THE FACT JACK !
You do not even have to tell paypal the problem. Just click the "not as described" button and post that you want $300 back or a full refund in the dispute box message to seller. If he chooses not to refund , raise it to a claim and ship it back with signature confirmation . If you forget that sig. conf. your screwed out of 1250+ . 😱
 
However, in this case, if the buyer lodges a complaint with Paypal that the item was significantly not as described, he'll get his money back. It will take awhile. Paypal will make him take the lens to a camera dealer for an appraisal. But if it has the scratches he is describing, he'll win his case.
Yes & No. He will not have to do anything but ship the lens back with Signature Confirmation. Paypal does not even ask why he does not want the lens. Its a moot point. They could care less. Paypal is not that sophisticated. They just want to make the buyer happy and move on.
ps- did you mail a rock back to that guy yet bmattock ?
 
Hi,

FWIW, I side with the seller on this one. That being said, I think PayPal will side with Mike if Mike runs through the "not as described" PayPal dispute gaunlet. Yet I don't think the seller misrepresented the lens in anyway. The other scratches that Mike has found are easily missed and are irrelevant in terms of images; thus I can find no negligence on the seller's part.

I think that Mike, if you decide to use the lens, you will soon forget about any imperfections that do not affect your prints --- all lenses have some optical imperfection, examining the glass closely under magnification will reveal what is glossed under normal viewing conditions.
ALL VERY TRUE ! 😉
 
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