rcarol wrote:
I would like the collective opinion of this community for an interpretation of NIB before I take the seller to task. I purchased a camera from a seller on eBay and it was advertised
Dear Hoggers: I rarely buy anything on eBay. I usually buy from the manufacturer or a reputable store such as Macy’s or B&H.
“NIB” is taken to mean “New In Box.” I don’t believe this is the case here. A camera and the charger would still be in the Polyethylene bag. The charger’s cable would be wrapped up and secured with a plastic tie of sorts. There would be a ZERO Shutter Count (I don’t know how to retrieve it). If there are memory cards still in the camera, you can use that as evidence. There would be documentation, a manual, and perhaps a warranty card to be filled out. If they are not present it is difficult to use that fact as evidence. (More about this later in this text.)
I am very reluctant to buy anything from EBay. When I’m looking at an item, I want to see what conditions are about the item and the price listed for the same or similar item. An item should be returnable if I’m not satisfied. If the EBay lister doesn’t accept returns there is something “fishy.”
I am inclined to believe the lister falsely misrepresented the camera so as to obtain a maximum amount for the item. Not only is that not fair, it is illegal and deeply frowned upon by the EBay Administrators.
You have several avenues to resolve this problem. You could contact the lister and ask if they will accept a return. You could ask the lister if they will refund a portion of your money because the item was clearly not New In Box. You should mention to the lister what is written in the previous paragraph. You may have PayPal suspend the purchase if the item was paid for in that manner. PayPal will fight this purchase on your behalf.
If the lister doesn’t wish to cooperate, your recourse now gets ugly. You can give the lister a bad review. So what? I’m inclined to believe some people don’t read the reviews anyway. Your choice would be small claims court. I recommend using Civil Court-Small Claims Part because the item or damage is under $2000. In some jurisdictions, $3000 is the maximum. Small claims court has several advantages. Your case gets heard and reviewed by an impartial judge (or mediator). This case will likely be ruled in your favor because the seller clearly misrepresented the item for sale. (Remember, you have evidence to present). That is an attempt at theft.
The disadvantage here is that you have to take time to present the case. Sometimes there is night court. If the other party doesn’t show, you still present your case to the judge and it will be reviewed as an inquest. You are likely this case will be ruled in your favor.
Oh, one last thing, don’t tell the other party you are bringing them to court. In essence by doing that, you are preparing the “enemy” for a fight. You are putting them on guard.
I am not an attorney. Neither do you need one. I have taken several people to Small Claims Court over the years and have learned what to do and not do. You can call The court or better if you go down and get a booklet as to how to present your case. It may even be online.
As for other Hoggers being curt with you, please ignore them. I have asked questions here and I have received negative responses but I’m met with good responses and even great answers to rather simple and almost silly questions on my part.
Please be well and stay safe.