egad! Another ebay question.

Discussion in 'Archived Threads 2001-2004' started by CRyan, Mar 20, 2002.

  1. CRyan

    CRyan Screenwriter

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    Well, I just don't know anymore. Here is the deal.

    I had an auction for a DVD movie.

    The title of the auction had the name of the DVD with the word "New" at the end.

    In the item description, I gave information about the DVD release (5.1, widescreen, etc.) and ended my listing with a statement regarding the quality of the DVD.

    It said, "Packaging and Disc in MINT condition (perfect)!"

    The high bidder payed me three days following auction end and I mailed his DVD the next day. He recieved the DVD and has now complained that the DVD is not factory sealed.

    I, however, never said that the DVD was factory sealed - nor implied it. Our business had purchased quite a few DVD's that were opened and then stored - never viewed and the cases were never even opened. We are just getting around to reselling them now on ebay.

    So, what is the deffinition of new when dealing with an auction. I always see auctions for DVD's that say "new and factory sealed" or "brand new, still shrinkwrapped." I thought new meant not used.

    I was NOT attempting to be misleading - I just stated the fact that the item was new. In fact, the only time I said "new" was in the title. The rest of the auction was about the DVD release itself and ending with the statement mentioned above (Mint Condition).

    So does the statement "NEW" in an auction imply that the item is still factory sealed? Even most stores, in their return policies, state that DVD's must still be "new and unopened" in order to return. So it seems that new does not really mean unopened.

    What are your thoughts?

    Oh, and I am going to allow this person to return this auction item. He says it is for a gift and he cannot give an opened gift. I am trying to avoid negatvie feedback here, which I still may get after this is all over if he is so inclined. BTW, this buyer has a very positive feedback rating with no negatives.

    Thanks for any feedback,

    C. Ryan
     
  2. Jeffrey Noel

    Jeffrey Noel Screenwriter

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    Hmmm, that's a tough one. But from my experience on e-bay, I assume New means factory sealed unless stated otherwise in the item description. I'd suggest that next time use the phrase Like New, as to not confuse anyone!

    Best of luck with your predicament though!
     
  3. Craig

    Craig Second Unit

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    I always make it clear if something isn't sealed. To me new, for something like a DVD, would imply that it's sealed.
     
  4. Jesse Skeen

    Jesse Skeen Producer

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    If it says "New", I assume it's still sealed. I suppose "new" could mean that it's a new title that just came out though and you're just selling the disc by itself (or just the box and receipt, for that matter [​IMG] )
    My biggest pissed-offness came from a guy who answered a want-ad I had in a paper a few years ago for CED videodiscs- he wanted a bit more than what I had paid for most of them, and said they were in "A-1" condition. Most of them weren't quite that great, but I bought them anyway. I got real pissed a few weeks later when I tried to watch "Eddie and the Cruisers" and found the disc inside was warped! A-1 indeed!
     
  5. Jon_Are

    Jon_Are Cinematographer

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    Count me in as one who interprets 'new' as sealed. At the very least, you should have mentioned in the description that it had been opened.

    That said, it was obviously an honest mistake on your part, especially since you are refunding the dough. A negative feedback against you would be unfair.

    Jon
     
  6. Ryan L B

    Ryan L B Supporting Actor

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    take it back to avoid the negetive feedback even though you did nothing wrong.
     
  7. Scott L

    Scott L Producer

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    CRyan- Can you please answer the question of why would a company buy DVDs just to store them and then sell them later on ebay without ever being watched? Being an ebayer that has been ripped off before you learn that you can't really believe anything you can't see with your own eyes first. Not saying you are lying to the guy, just that you have to put yourself in his shoes. Your story does sound a little sketchy.

    I would assume "New" in the title to be shrink-wrapped as well.
     
  8. Vince Maskeeper

    Vince Maskeeper Producer

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    New = shrinkwrapped.

    How would someone know it was new EXCEPT that it was shrinkwrapped. If shrinkwrapping wasn't the main determining factor in something being called "new"- anyone could claim any dvd was New, and simply opened but not watched.

    If you go to a store and an item is open, for whatever reason, it is not sold as "new". It is an open box or floor model, and canot be advertised as new.

    I think saying new automatically means factory sealed and un-opened.

    -Vince
     
  9. CRyan

    CRyan Screenwriter

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    Fair enough. I gave him more specifics than I am giving here.
    We purchased the DVD's for the purpose of taking pictures of items that utilize DVD cases. Meaning, we sell products that need to be displayed with many DVD's. The DVD's were purchased retail for this purpose only. The DVD's were not the main focus of the pictures of course - just a part of what the product does. We needed the DVD's to show what the product could do in pictures.
    UPDATE...
    Anyway, come to find out he was not wanting to return the disc. After all of our emails, he simply wants a $1.00 refund back to Paypal, because that is what he would have paid for a used DVD.
    Now answer me this. Why is he only wanting a negligeable $1.00 refund on something he purchased for a gift that he can no longer give because it is opened. He said in previous emails that this DVD was now worthless to him because it is opened and he cannot give an opened gift.
    Oh well, I am no doubt giving him his $1.00. Also, I will be more specific in auctions to come.
    Although, I must say that when our DVD's are sealed, we state that within the auction (factory sealed). I have never had anything but positive comments from buyers in the past with the same description. This was the first time someone took our auction title the wrong way.
    I guess I do not understand why then auctioneers always say "New and factory sealed" within an auction. Why not just say NEW if new is understood to mean sealed? I am truely confused here. Again, the DVD was new and not used. I mean a synonym for new is "in mint condition" which I then stated within the auction description.
    oh well,
    C. Ryan
     
  10. CRyan

    CRyan Screenwriter

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    I do see your point Vince. However, even many store return policies for movies state that they must be "new and unopened". To me that means you can have something that is new and opened. New literally means "something that has not been used." New does not literally mean "unopened".

    Also, the comment about stores not selling opened items as new is not true in all instances. Radio Shack constantly sells previously purchased and opened goods as new. They simply staple the blister pack back the cardboard backing and boom, new merchandise at retail price. I have been into many electronics stores where this is the case with speaker cables, RCA y-connectors, bannana plugs, and even computer components to name a few of the items I have personally seen being sold as new.

    Heck, my local CompUSA even has a shrinkwrap machine in the back to repackage opened items to simply place right back on the shelf.

    C. Ryan
     
  11. Malcolm R

    Malcolm R Executive Producer

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    I agree that new = sealed. Unless it is sealed, there is no way to know for sure if it really is new. I know that if I went into Best Buy and they tried to sell me a "new" unwrapped DVD, I'd laugh in their faces.

    "Mint" is OK if it really is, but "new" should be reserved for those that are still sealed/wrapped.

    Edit after reading your recent posts: I think something can be "mint" and not be "new." To me, "mint" condition is simply something that has been used, but well cared for.

    I don't know about "new and unopened." I know Best Buy just refers to items being "unopened" if you want a refund. If the plastic is removed, even if you've never opened the DVD case, they will only exchange them, not give you a refund. And I would never knowingly purchase anything that I could tell was already opened (such as your Radio Shack example). They can put it out on the shelf, but I'll leave it right there.
     
  12. Shayne Lebrun

    Shayne Lebrun Screenwriter

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    I'd be a lot more specific, too.

    "Shrinkwrap removed, but disc never actually used."

    After all, if it's been opened, it ain't new. It might not be used, but it ain't new. :)
     
  13. Vince Maskeeper

    Vince Maskeeper Producer

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