Sybaritic Used item sold to me as Brand New

Totempole

Totempole

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I'm interested to know what you guys think of this particular scenario in terms of ethics and morals.

So I won this "Brand New" Vantec Nexstar DX 5.25" SATA enclosure on one of Sybaritic's Bidorbuy
auctions. http://www.bidorbuy.co.za/item/112577615/Vantec_5_25_NexStar_DX_NST_530S2_External_Storage_Kit_USB.html

I received the item today, and it was clearly used, parts were missing etc.

Having dealt with Sybaritic before and getting pretty good service I wasn't to concerned, but notified them immediately. Graeme responded, saying I could return the item for a full refund. Fair enough right?

The thing is, I won the item on auction for R121, which is well below the retail price of R200, so I obviously wouldn't be able to get a new one for the refunded amount.

Naturally, I responded by asking for a replacement instead of a refund.

Graeme refused saying that it would cost him too much as he would have to order one.


So in summary:

From Graeme's perspective: A refund is all he's obligated to offer (legally speaking), and that's what he is offering.

From my perspective: I had already purchase a drive to put into the enclosure, I won the auction for a brand new enclosure, and I paid immediately. I did everything by the book, yet I'm the one that loses out ultimately for a mistake I didn't make.

So here's my thoughts:

I feel I should either get the item I initially won and paid for (a brand new Vantec Nexstar DX 5.25" enclosure)
or a significant partial refund on the enclosure that was sent to me. Had I known it was used, I would most certainly have bid less for it.

So what do you guys think? Am I being unreasonable? On the one hand I can understand why Graeme only wants to offer me a refund, but on the other hand, I don't see why I should lose out for a mistake I didn't make.
 
I think the ethical thing to do would be to give you a new item. They knew that it was second hand, yet still sold it as new. I am not too sure as to the law side of things here should work though. I suppose all he really has to do is refund you. However, then the whole second hand aspect comes into play.
 
I too won some auctions from Sybaritic that were clearly not "new" - fortunately they're in working condition so I've assumed they're "open box" items that were returned within a cooling off period and are considered "like new". I do agree though, had I known they were not sealed pristine items, i may have bid lower - be that as it may, i don't feel very cheated.

In your case, if there are parts missing and the product is unusable, then i think the best you can ask for is a refund - a return to the status prior to the transaction (I'm sure there's some legal term for it).

Maybe if Graeme is agreeable, he could supply you a new one at cost? I can't imagine on a R200 item though that it'll be a huge saving - maybe R30?
 
Have you tried reporting them on BoB?
 
Things I should clarify are:

1. Graeme stated he didn't know the item was secondhand.
2. The missing parts are some screws, a driver CD and a Power Cable, all of which can be replaced fairly easily.

There would be no reason to report him on BoB, since he's offered a refund.


It's interesting to hear that I'm not the only one to have received a used item sold as new though.
 
My experiences with Sybaritic has been less than great. They are very difficult when it comes to returns of defective items. Ive learnt the hard way to steer clear of them.

For the bidorbuy issue, i'd say they are fair in offering a refund. They dont owe u a replacement, but you do owe them a negative rating for selling you a 2nd hand item as new
 
rakabos3 said:
My experiences with Sybaritic has been less than great. They are very difficult when it comes to returns of defective items. Ive learnt the hard way to steer clear of them.

For the bidorbuy issue, i'd say they are fair in offering a refund. They dont owe u a replacement, but you do owe them a negative rating for selling you a 2nd hand item as new
Click to expand...

I know they don't owe me a replacement. Legally speaking they only have to refund me. This was more about ethics than anything else. I honestly thought Graeme would have been on top of this and go out of his way to help. Clearly I was wrong. :(

Now I'm not even entirely convinced he was truly unaware that the item was used before sending it. As for leaving negative feedback, I don't think that solves anything.
 
Totempole said:
I know they don't owe me a replacement. Legally speaking they only have to refund me. This was more about ethics than anything else. I honestly thought Graeme would have been on top of this and go out of his way to help. Clearly I was wrong. :(

Now I'm not even entirely convinced he was truly unaware that the item was used before sending it. As for leaving negative feedback, I don't think that solves anything.
Click to expand...

The whole idea about leaving negative feedback is to STOP them doing what they are doing and prevent others from falling into the trap...
 
rakabos3 said:
The whole idea about leaving negative feedback is to STOP them doing what they are doing and prevent others from falling into the trap...
Click to expand...

True.

I have a feeling Graeme might be ignoring me, since he hasn't yet responded to my latest email, but I think I should give him an opportunity to resolve this before going ahead and leaving negative feedback.

Perhaps I should suggest a solution. i.e a partial refund of, say, R50.

It's not really about the money. R121 doesn't exactly "break the bank", it's about accountability. Graeme messed up, not me, so you'd think he'd be willing to do more than the law dictates, but no.
 
Please report to bidorbuy - the item you won is marked as "New" and you should receive it in such condition. I will get our customer care team to look at it... - don't worry about PM - we know who you are ;-)
 
Reporting Graeme is a bit harsh guys.

I've bought from him for YEARS and he's always willing to help.
 
MagicDude4Eva said:
Please report to bidorbuy - the item you won is marked as "New" and you should receive it in such condition. I will get our customer care team to look at it... - don't worry about PM - we know who you are ;-)
Click to expand...

Shouldn't I try to work with Graeme to resolve the issue before reporting it? Isn't that Bidorbuy's policy?
 
Totempole said:
Shouldn't I try to work with Graeme to resolve the issue before reporting it? Isn't that Bidorbuy's policy?
Click to expand...

1st prize is to sort it out with Graeme (he is right in saying that legally he is obliged to offer a refund and not provide a replacement). You also still have the option to rate this transaction negative with your comments.
 
MagicDude4Eva said:
1st prize is to sort it out with Graeme (he is right in saying that legally he is obliged to offer a refund and not provide a replacement). You also still have the option to rate this transaction negative with your comments.
Click to expand...

That's what I thought. ;)

As I stated earlier, he's not washing his hands of the whole thing, (so credit where credit is due), but from my perspective, taking the refund puts me in a worse position than when I started since I've already bought a drive for this enclosure.

So essentially I would be paying for Graeme's mistake.
 
I've just contacted Graeme and requested a partial refund, given the circumstances. Let's see what the outcome is.
 
Once again a consumer is bending over backwards after being shafted.

I'd return the item and get my money back.
Following that I'd leave feedback to warn others(especially since other people have reported the same thing happening to them) and simply never buy from them again.

This might only be a R200 item, but what if it was something way more expensive?
 
TBH, I've bought from Sybaritic before, and the customer service is usually great up until the point that the item is delivered.. then it seems to fall off the cliff a bit (at least if you're not in the JHB area)
 
Still waiting on Graeme's response to my proposal. Not sure if he's ignoring me or just busy.
 
Didn't know they auction BNIB items (brand new in box),always thought they were opened/returned new items. Nothing you are missing prevents you from using the item,and you got it at less than the retail price. Take the refund or use it,not seeing what this thread is about frankly
 
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