I bought an Xbox 360 on ebay this week...
- Thread starter DGCollectables
- Start date
Ouch.. no way would i send some fool $760 when hes only got a 4 feedback rating and the last 1 was in 05...not to mention no picture of the actual items for auction...
Hope it ends well for ya westie...ide be hoping he gets banned and you get your cash back.
Hope it ends well for ya westie...ide be hoping he gets banned and you get your cash back.
DGCollectables
https://www.dgcollectables.com.au/
In my haste i did a foolish thing. But having said that i shouldn't have to lose out on it. Its still with the ebay investigators. Fingers crossed!
Having my legal qualification, I can say in this case it's unlikely you'll succeed, the items were not new, and being second hand are subject to "caveat empor" or let the buyer beware. If you had actually asked up front about the games being genuine or not, and he had said they were, then yes you'd have a legal recourse.
Key point, if you didn't ask, I don't see you having much joy.
One thing I will say is I am pretty clued up on the legal aspects of Ebay, and of internet comments / slander etc so if you have any queries, PM me.
Key point, if you didn't ask, I don't see you having much joy.
One thing I will say is I am pretty clued up on the legal aspects of Ebay, and of internet comments / slander etc so if you have any queries, PM me.
I tend not to agree, he is not without recourse, regardless of the buyer beware principle, the Cth Trade Practices Act s52 Misleading & deceptive conduct (& equivalent state fair trading acts) provision allows for silence on a material fact which should have been disclosed to be a breach with the remedy depending on the loss which the person has suffered.
Of course auction goods don't have the ss69-74 Statutory warranties implied such as matching the description, the only ebay transactions that do are store purchases.
Also contract law suggests also that the transaction would be void by illegality, as a contract which by it's operation breaks the law is considered never to have been valid thus the remedy is recission.
The problems with this situation are less about the law and more about whether he could find the person to serve a notice on and if the seller's in a different jurisdiciton having any subsequent order enforced will be difficult.
So bow down.
white_chocolate_55
WhiteBoy
it depends how he advertised it,
did he say 17 games/titles? did he say that they where on dvd/cd/hdd?
did he say there was a firmware upgrade?
i dont think much can be done about this.. most that will come from this is that the seller be banned, and thats it..
white_chocolate_55
WhiteBoy
regardless what he said in the listing, IT IS ILLEGAL TO SELL PIRATED GAMES...
he wasn't selling the games.. the advertisement was selling the console, and it "comes with" 17 games..
yes it is illegal to sell copied games, BUT if you list there's games with it there's no real harm is saying so.. depends on the description of the games.. i was told by an ebay guy there's a grey area you can put them in, unless your clear whether they are fake or not then there's not much that can be done about it.
that's like the ppl out there selling nba dvds, though they're selling an nba card with a free nba dvd of bulls/knicks 1993 .. see what im saying? though in this case he's selling an xbox 360 with games that are kind of like they're included.. i know its wrong.. dont have to tell me that
Dr. Curlytek
PhD in "Things and Stuff"
In the listing, he states that the 17 games are bundled with the console and accessories. While it should have been clear that nobody is selling a current generation console with 17 original games for less than something like $50 for each game plus probably 60-80% of the original console price, the games are described as part of the package. Would it have been similarly fine to have sent 17 original games with an XBox 360 emulator? Or 17 fake games and an XBox 360 emulator? I kind of think that one shouldn't have been silly enough to bid on this item, but I do hope that you can get your money back!
white_chocolate_55
WhiteBoy
personally i dont see anything wrong with the add, though it's not clear and you'd assume the games are real.. point is they aren't, he didn't state that they where or not, and hate to say not much can be done about it.. but of course, i hope you do get your money back.. we live and learn.. just hating the thought of this prick gaining $800 this way.. there's a loop hole/grey area for everything.. ebay is not perfect
white_chocolate_55
WhiteBoy
ha.. just viewed the sellers other items, this one can definatley be reported or acted upon.. check it out
http://cgi.ebay.com.au/ws/eBayISAPI...loc=closed_view_item&refwidgettype=osi_widget
http://cgi.ebay.com.au/ws/eBayISAPI...loc=closed_view_item&refwidgettype=osi_widget
