Advice on eBay dispute

[lejogger]

Hi All,

I've got into dispute with a seller on eBay over a set of 3T handlebars that I won, and was hoping that you good people could offer some advice.

I've been after a set of 3T Ergonova Pro alloy bars in a 42cm width for the winter bike to match the carbon ones I have on my summer bike.

The advert on eBay read as thus:

3T ERGONOVA HANDLE BARS.

MY HANDLE BARS ARE EXCELLENT CONDITION , ONLY MARKS ARE WHERE THE CLAMP HAS BEEN WHICH IS NORMAL ON 3T BARS .

THEY ARE 42 OUT SIDE TO OUT SIDE .

THANKS FOR LOOKING AND HAPPY BIDDING ;-) .

At the time I'd forgotten that 3T bars measured centre to centre... that fact that he'd stated outside to outside didn't ring any alarm bells. In fact it could have been a simple measuring mistake as 3T Ergonova bars measure slightly narrower at the hoods as they have a flared drop.and this widest point of the flare is where the measurement is made. Therefore on the tops, outside to outside, a 42 bar wouldn't be too far off that.
Plus if a company have sizings for their bars, including 42, and someone advertises them as 42 then that's what you excpect to get, regardless of C-C or O-O.

Now the problem I have is when the bars arrived they are stamped on the back with 38 C-C. There simply is no way that he could have measured any point of a 38cm bar and got 42 but he remains adamant that he didn't mis-advertise. He even went as far as saying that if I measured my own 42 C-C bars they would be 46cm outside to outside??? Am I imagining things or is that ridiculous?! Is the diameter of the bar 4cm? That's one fat bar!

So I've emailed and requested to return them for a full refund and he's refusing despite the fact that his advert states 'returns accepted'.
Is there any way that I'm in the wrong here? Should I pursue it formally with eBay?

Thanks in advance

 

[400bhp]

I take it you have measured them and they are not 42cm?

If they aren't then his has advertised them incorrectly. Unfortunately for him there's only one outcome in this.

Did you pay by paypal? Pretty easy to sort

 

[Cycling Dan]

Open a dispute within ebay, they call it the resolution centre. If the ebay seller disputes and they have 7 days to do so, ebay will get involved and from what I can see there is no reason why they will not side with you. They will then issue a refund to you once the item has been returned.

 

[lejogger]

This is the email I am just about to click send on:
Hi ****

As you have not responded to my latest email then I feel I have no option but to pursue a return through eBay money back guarantee. Not only did you state on the advert that returns are accepted but have then refused to provide a return address, but I can clearly prove that the description does not match the product.

I have measured the bars at their widest point (base of drops) outside to outside and they measure 40.5 cm. I can provide photographic evidence of this to eBay.

In your email to me you stated that measuring them at the top they are 42 cm, but this is impossible as the top is narrower than the drops due to the flare in the design, therefore I have measured them at this point at 39.5 cm and can also provide photgraphic evidence of this.

I can also provide evidence that the stamp on the back of the bars states 38 cm C-C (centre to centre) and evidence that the radius of the bar does not exceed 1.25 cm. By simple maths it can be clearly seen that a 38 cm bar centre to centre with a radius measurement of 1.25 cm on each side will add up to 40.5 cm the same measurement that I quoted previously.

It is mathematically impossible to sensibly measure any part of this bar from any outside edge to the other and get a reading of 42 cm. If it was, I would hold my hands up and admit that I was in the wrong. It is therefore appropriate that you acknowledge my reasoning and honour the return which you state you will accept in your advert.

Regards

 

[Drago]

Was it an auction or an ad?

If it was an ad you're covered by the distance selling regulations, and you can return them for a fully refund and don't need to even give a reason.

If it was an auction, then go.down the ' not as described' route. Either way, with a bit of faffing you should get a refund.

 

[Cycling Dan]

Make sure to leave negative feedback. Hurts their rating. Be as detailed as possible and say that it had to be resolved using ebay directly.

http://resolutioncentre.ebay.co.uk/

 

[MrWill]

Nothing to worry about. Open a case, you'll get your money back. And leave neg feedback, saves other people going through what you are with him.

It'll cost you a couple of quid to post them back, make sure you send it tracked.

I'm done with eBay personally after 10 years and a score of nearly a thousand.
Just sold a laptop for £520 and they have taken £70 in fees.
Full of people trying to scam you. Happened to me so many times, sometimes they don't realise I sent it tracked delivery and they still try.
Seller constantly miss describing items like you have just experienced.
Sellers always seem to be selling things that have a dubious history too.
I sold an expensive item once that racked up £60 fees, the buyer changed his mind, so I tried to be nice and refunded them. The buyer then refused to cancel the transaction and then eBay would not give me my fee's back.

 

[MrWill]

Was it an auction or an ad?

If it was an ad you're covered by the distance selling regulations, and you can return them for a fully refund and don't need to even give a reason.

If it was an auction, then go.down the ' not as described' route. Either way, with a bit of faffing you should get a refund.

I don't think DSRs don't apply to private sellers only business sellers.

 

[Drago]

Ah, didn't realise it was a private seller

 

[lejogger]

Cheers all. Makes me feel a bit better for getting a bit flustered over it.
Maybe I'm too kind hearted but I like to believe he's made an honest mistake and it's not like he's just trying to flog narrow bars that he can't get rid of misleadingly in order to capture a sale.

I'll give him till tomorrow to respond to my email and then take further action.

 

[Profpointy]

well if he's specifically said 42cm outside to outside and they are, then I think you're being unreasonable to say the least.
It's not as if he's anything to gain by describing them as bigger than they are is it?

 

[lejogger]

well if he's specifically said 42cm outside to outside and they are, then I think you're being unreasonable to say the least.
It's not as if he's anything to gain by describing them as bigger than they are is it?

They're not. They're 38cm centre to centre which makes them 40.5 outside to outside.

 

[lejogger]

well if he's specifically said 42cm outside to outside and they are, then I think you're being unreasonable to say the least.
It's not as if he's anything to gain by describing them as bigger than they are is it?

Also, he said he measured them at the top where they're 39.5 cm

 

[fossyant]

That's a massive difference. 42cm outside to outside, usually equate to 40cm c to c. But a 38....

You might have been in trouble with the 42 outside as that's a 40 and would have been your mistake, but a 38 is very different.

 

[MrWill]

Just thinking about it. If the bars are 38 c-c on the hoods, and flare to the drops, does that not make them 42 o-o on the drops?

I remember not buying certain bars because of the flaring making them too narrow on the tops.