eBay - I've been had

SligoBrewer

First of all, I admit it. I'm an idiot.

I was buying what i thought was an extremely rare record...but I actually bid on a picture of the record. I usually am very careful on eBay, but I guess I was full of adrenalin.

Anyways, the picture arrived today. I am ****ing livid with myself and the prick who did this.

Has anyone any experiences of getting their money back in these circumstances?

I have opened a dispute with paypal, I am so ****ing angry!:mad:

I received an illegal copy of the record in question, and a picture.
Have I any comeback?

masseyno9

link to the auction would help...

digiking

Well, It is illegal to make *copies* of copyrighted material so i'd say on that regard you should have some recourse!!!

Some w****r who did that, I"m soo not impressed!!!

SligoBrewer

Link to Item

http://cgi.ebay.ie/ws/eBayISAPI.dll?ViewItem&rd=1&item=250258281241&ssPageName=STRK:MEWN:IT&ih=015

jor el

It says "now its your chance to own an amazing picture from this amazing band's debut EP!". You bought a picture, not a lot you can do.

masseyno9

Things in your favour:
Illegal copies would be frowned upon (at the very least) by ebay
Its just plain bad form, and ebay are clamping down on this shenannigans lately (apparently)


Things not in your favour:
it does say in the auction that its a picture
Doesn't mention in the auction that it is a vinyl
Its in the 'other music memorobilia' category, not the vinyl category (as some of the similar items at the top of the listing page are)


Could go either way really, depending on what mood ebay people are in. The fact you were supplied with a copied vinyl may be your saving grace, but the con-artist seems to have covered his ass pretty well. Best of luck, and i hope this joker gets his just desserts.

Bondvillain

My sympathies,but I reckon you're out of luck.

You did bid on a picture, the picture was correctly listed in Music memorabilia (had been listed in the Vinyl or 7 inch sections you would have had some recourse) and no mention is made in the auction of a copy of the recording being supplied, so with no evidence that you received this bootleg from him (you just bid on a listing for a picture...) the onus would be on you to prove he sent this illegal copy.

Sadly (I hate to see people being conned) I'd put it down to an expensive lesson learned and move on...

SligoBrewer

It was a dodgy copied memorex cd i got. No vinyl.

Bondvillain

SligoBrewer wrote: »

It was a dodgy copied memorex cd i got. No vinyl.

Fair enough, no ones arguing the format, but the auction still makes no mention of any recording being supplied. therefore, a significantly not as described paypal dispute is groundless, as he never made any attempt (dodgy or otherwise) to pretend he was selling anything other than a picture.
You can't really claim the listing misrepresented the legality of the Music, because no music was offered in the listing.

masseyno9

Yeah, the more i think about it, the more it looks as if he got you. Might be worth a shot, but it was in the correct 'memorobilia' category and no mention of any sort of music being supplied.

Hard luck i reckon.

Passenger

jor el wrote: »

You bought a picture, not a lot you can do.

Aye, it clearly says it however as someone suggested copying copyrighted music is indeed illegal but it's unlikely you'll get your money back by using that.

2fivers

Passenger wrote: »

Aye, it clearly says it however as someone suggested copying copyrighted music is indeed illegal but it's unlikely you'll get your money back by using that.

He wont, because as also mentioned above, the listing didn't contain any reference to music at all.

Nody

Doubt Paypal or Ebay will do anything, the auction clearly states "now its your chance to own an amazing picture from this amazing band's debut EP" and I'm thinking of for example the X-box box auction etc.

JJ

A seller like this got the book thrown at her on Judge Judy. If you search on YouTube you should be able to watch the trial.

The Listing is now gone I wanted to see what happened and the feedback the guy had .

Bondvillain

The seller had good but low feedback, as I recall, and the fact that the item has been removed is actually good news for the buyer. It means that ebay found fault with the seller in some manner.

They're unpredictable like that.

jor el

Bondvillain wrote: »

They're unpredictable like that.

Having the listing removed is in the buyers favor alright. However, to get a refund he'll need Paypal to come to the same decision. With any bit of luck, the seller's Paypal account will be under suspension or some such, so that a claim will most likely go the buyers way.

Sherifu

Buying in a hurry is always dangerous. Ebay isn't the safest place.