[hugofilia]

Hello, i have a question. Would you buy from a seller that post that his auctions are AS IS . He mentionned he sells lot of items and is no expert in all and the description is just is opinion and the buyer is responsible for knowing what he is buying. So far he has received 2 neg feedback and he replied by saying that " the buyer agreed when he bid to the "as is" feature.
I understand that buying at an antique show or flea markets or garage sales or Pawn shops could be as is but from a picture and poor description , i wonder if "as is" is legal
Just a thought
John

[Smurfysmurf]

Hi John,
I must admit that I usually pay closer attention to the pictures than the description...but I am very very careful when a seller writes "as is" and a rare smurf is involved and if he already got two negative Feedbacks I would stay away from him..

Can you let us know who the seller is or post the auction in question?

I am not sure if "as is" is legally binding but I know that when you bid on an ebay auction by bidding on it you are legally responsible...or so I always have thought

[eggie smurf]

"As is" is a legal term and it should be just as legal on ebay as anywhere else. And just because an auction states it is "as is" just means there is no warranty or guarantee that the item (if an electronic, a car, etc) will actually work. But like Moey says always read the description, check out photos, feedback and ask any additional questions when needed. And when in doubt, just pass it by.

[hugofilia]

Thank you for the replies.
I am super cautious when as is is mentionned as the pictures do not show all sides of a smurf or playset. If i had to ask all questions regarding each smurf in a lot like
Back of the head, both hands and under feet for initials etc;; it would be too streanous. Personnaly i avoid MOST of them.
I have received SO MANY lot of smurfs which were filthy and yellow and marked under feet that i have to be carefull as i cannot resell them and give them to Salvation Army mentionning they need a super bath.
But like you said it is legal.
john

[Gerda]

I watch the tv show peopls court and they have ebay sales pop up there quite often, If the seller knowingly cheats a seller then the sale is not legal, But unfortunatly on ebay it is buyer beware. If the picture is dodgy and the seller seems dodgy it is best to stay away. Ebay is out to protect the seller more than the buyer, afterall that is where they get there money from. In the long run I think the seller just hurts himself by his actions, after all if you have a good item and try to be as honest as possible with what you are selling then you seem more reliable. No one is an expert in everything and for most sellers they sell all sorts of odds and ends.

just my two cents anyway!


gerda

[Rachel]

Hi guys, interesting topic John.

I am not really sure of the legal meanings but I have two ways of looking at this.

If it is a seller who obviously knows nothing about the item being sold I can understand them using this term but they should explain they know nothing. To me it is then up to the buyer to decide if they know enough about the item.

If the seller knows about the item they are selling, either by using their reputation or feedback to "sell" their products or by being obviosuly knowledgable of the items then I would not be happy about them using the "as is" term.

This is just my personal way of looking at it and is not necessarily the best or safest approach. I am also very wary at all times and try to use as much common sense as possibe when buying.

[Pitufo]

Hi!!!!I am not sure what you are talking about..."As is"????I must use another dictionary!!!!!!!!

[hugofilia]

Hi Pitufo, as is mean " what you see is what you get" and no responsability from the seller.If it works fine if not still the buyer problem
john

[Oprime]

A Transformers collector at our Finnish forum once told a story about a TF collector who won one of these "as is" bids and ended up getting a PHOTO of a huge pile of robots. The exact same picture as in the ebay auction but a paper version. Must've been hilarious

P

[Rachel]

Oh dear Pauli, I wouldn't have been very happy with that either!!

[Syd Smurf]

That is kind of funny in a way Pauli...but I know if it happened to me or someone I knew I would want to make the seller pay for it in some way.

Did the collector just lose his money for nothing or did he complain and get a refund or something?

Dyar

PS - Or is that seller now dead?

[Oprime]

T
Did the collector just lose his money for nothing or did he complain and get a refund or something?

I'm not sure how the thing worked out but I assume there must've been quite a hassle.

P

[eggie smurf]

There was a court case on tv (Judge Judy) just this week about a woman who won 2 cell phones on ebay but all she got was a photo of the phones. Judge Judy ripped the seller a new one and then some and said she would send the tape to the local police because the seller is a criminal. The plaintiff got her money back plus punitive damages too. I would think ebay would try to discourage this type of activity but well, they are so unhelpful

[Gerda]

I would think ebay would try to discourage this type of activity but well, they are so unhelpful

Ive said it before and I truly believe it but ebay protects there sellers because this is where the money is at... nevermind the fact that as a buyer you bid up the price and wouldn't go back to ebay if you kept getting riped off.. But fortunatly there are way more "nice" sellers out there than bad ones so the odds are in the buyers interest even if ebay isn't!



gerda

[Syd Smurf]

Ive said it before and I truly believe it but ebay protects there sellers

I totally agree with you Gerda. There has been a few times where I have just walked away and cut my losses on ebay including receiving a negative feedback on one occasion for being ripped off by the seller. Ebay and Paypal can be as useful as deckchairs on a submarine most of the time.

I no longer have any faith in them to protect me from being ripped off by sellers.....and sometimes I think it should be a criminal matter.

Oh and I loved watching Judge Judy when I was over in America....she's a tough little one at times.....but I love to watch her tear shreds off people who deserve it......and especially the idiots

Dyar

[Rachel]

I would think ebay would try to discourage this type of activity but well, they are so unhelpful

Ive said it before and I truly believe it but ebay protects there sellers because this is where the money is at... nevermind the fact that as a buyer you bid up the price and wouldn't go back to ebay if you kept getting riped off.. But fortunatly there are way more "nice" sellers out there than bad ones so the odds are in the buyers interest even if ebay isn't!
gerda

It does annoy me too, I am still reporting a seller that I suspect of shill bidding in a big way and they are still selling, 6 months on.

I'm finding myself looking at feedback more and more although, again it is annoying to see people leaving a good feednack just to avoid getting a bad feeback in return.