a Baazee / Ebay Buying Experience! Reposted!

[kimmiz_choice]

UPDATE: TILL DATE PROBLEM IS NOT RESOLVED. SELELR HAS FILED snc AGAINST ME. snc APPEAL FORM ISNT OPENING - PAGE ERROR.



BUYING EXPERIENCE WITH SELLER amitava_bzq1

BAAZEE SAYS :

Baazee Community Values
We believe all people to be genuinely good & honest.

We believe each person has an intrinsic worth & should be treated with respect.
We encourage buying & selling in an environment that fosters trust & confidence.
We believe successful transactions are based on open & honest communication

It is not possible to file SNC appeal since the page gives an error. So am filing this email

MAIL TO BAAZEE. AM SICK N TIRED!!!

Dear sir/ madam



As regards this case, the seller advertised the item as “BrandNew SonyEricsson S700i Cell PhoneWith 1.3MP Camera” . but whereas on enquiry I came to know that the “brand new” item didn’t have a box, nor user manual, nor a memosry stick adaptor nor a handsfree kit which would be available otherwise with a brand new item sold by any seller on baazee or anywhere ion the world. The seller tried to commit a fraud on gullible buyers by not mentioning of the inherent defects in the product. Which means the seller mis represented the fact that the item was brand new, and didn’t mention of the defects – missing items. Hence I requested the seller to re-negotiate the price, to which he became very abusive. A copy of the mails are enclosed for your reference. Please decide based on the mails sent below. A copy of the mails were also enclosed to Voluntary Organisation in the Interest of Consumers – Delhi for advice. Patiently read all my mails to the seller and decide whether the sale really holds good, for there has been material misstatement on the part of the seller as regards the condition of the goods!










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I need an opinion in this matter.



I am a regular visitor of baazee.com, and I had bid on a product which is a mobile phone and won it. However I got a doubt and asked the seller whether it contained all the accessories. He replied in his mail saying it does not have a box, user manual, handsfree and memory stick adaptor. In his advertisement on baazee he had displayed the item as a brand new item, mentioning only that the handsfree wasn’t there. However since these items are also missing I am of the opinion that the contract is not legally binding on me, since he has committed a fraud by not disclosing the material facts, and listing the item as brand new.



When an item is listed as brand new it is assumed that it will be in the same condition that the manufacturer packs it, and no matter from whom it is purchased from it should contain all the accessories. Only then can a contract for a brand new item can be held valid . am I right ?? so I rescinded the contract and refused to take delivery of the item. I feel now that I may be coerced into paying for the item, either by the seller or by baazee.com

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MY mail to the seller:

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YES U LISTED IT IN THE AUCTION AS A BRAND NEW ITEM.

IF IT’S A BRAND NEW ITEM, WHERE THE HELL ARE THESE ITEMS.?

I DON’T WANT TO REPEAT MY MAIL AGAIN.




PLEASE READ THOSE BAAZEE VALUES. FIRST U HAVENT BEEN GENIUENELY GOOD AND HONEST. AND SECONDLY FOR A TRANSACTION TO BE SUCCESSFUL YOU HAVE TO BE OPEN AND HONEST SO THAT THERE IS A ENVIRONMENT OF TRUST AND CONFIDENCE. WHERE HAVE U MENTIONED THAT THE BOX, ADAPTOR AND MANUAL ARE MISSING. IT WOULD BE A JOKE TO SAY THAT A NEW MOBILE VALUED AT 20,000 DOES NOT COME IN A BOX PACKING, NOR WITH A USER MANUAL AND MEMORY STICK ADAPTOR.



YOU NEVER MENTIONED ABT THE BOX. SHOULD I SCREAM OUT AND SAY WHAT THE CONDITIONS FOR A VALID CONTRACT ARE ??? PLEASE READ MY EARLIER MAIL.



OFCOURSE I HAD TO SEND U A MAIL ON 15TH, SINCE SO MANY ITEMS ARE MISSING FROM THE PACKAGE. WOULD ANY FOOL ACCEPT THE PACKAGE WITH SO MANY ITEMS MISSING ? I EVEN KEPT AN OPENING FOR U TO COME DOWN AND BE FAIR IN YOUR DEALING BY OFFERING A NEW PRICE, IN THE LIGHT OF CHANGED CIRCUMSTANCES, BUT INSTEAD YOU HAVE CHOSEN TO BE RUDE AND HAVE BEEN MAKING ILLOGICAL ARGUMENTS. A BRAND NEW ITEM CAN NEVER COME WITHOUT A BOX, MANUAL OR THE OTHER ACCESSORIES THAT ARE PACKED WHEN IT LEAVES THE FACTORY. HOW CAN U SAY THESE ITEMS ARENT THERE ???



“but now i can not proceed with a false and fraud buyer like you.only because of buyers like you,sometimes genuine buyers in baazee are not getting the opportunity and sellers are being harassed.



BEFORE CALLING ME A FRAUD, LOOK AT YOURSELF MR. WRONGLY LISTED THE PRODUCT, HIDDEN MATERIAL FACTS NECESSARY FOR A TRANSACTION AND NOW TRYING TO PRESSURISE ME TO PAY UP AND BUY THE PRODUCT, BY GIVING NEGATIVE RATINGS.



Rgds

sunil



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-----Original Message-----
From: Amitava Datta [mailto:adatta@cal3.vsnl.net.in]
Sent: Wednesday, March 16, 2005 2:29 PM
To: Sunil Gonsalves
Cc: service@baazee.com; COMMUNITYWATCH@baazee.com
Subject: Re: Itemnumber:28993931 order id 2921550



mr sunil,

copy to baazee community care



1)here is what i listed in the auction:

Package will contain:

1)Sony Ericsson S700i Phone 2)Battery 3)Charger 4)32MB Memory Stick Duo 5)CD

i never mentioned that i will give BOX,MEMORY STICK ADAPTOR and MANUAL.go to my listing again.

2)here what you asked me vide your mail dtd 15/3/05 and also by sending SMS after placing winning bid.

Kindly tell me a rate, so that I can make the payment. Since 20,000 is too much for a product with so many accessories missing.

fully understand your frustration because you could notlower the price after placing winning bid of rs.20000/- but now i can not proceed with a false and fraud buyer like you.only because of buyers like you,sometimes genuine buyers in baazee are not getting the opportunity and sellers are being harassed



“i never mentioned that i will supply the box,the memory stick duo adaptor and the handsfree” you did say that your not giving the handsfree. That apart you were silent as regards the other items. NOW WHEN YOU SAY UR SELLING A BRAND NEW ITEM, IT IS ASSUMED THAT IT COMES IN A BOX, ALONG WITH ALL ACCESSORIES AS ARE LISTED ON THE PARENT SITE OF THE PRODUCT. WHICH IN THIS CASE IS SONY ERICSSON.COM



SECONDLY YOU HAVENT MENTIONED ANYWHERE IN YOUR ITEM DESCRIPTION THAT THERE IS NO MANUAL, MEMORY STICK ADAPTOR, AND BOX. WHAT CAN BE ASSUMED HERE IS EITHER THE PRODUCT IS LIFTED FROM SOMEONE, SINCE THESE ITEMS ARE NOT FREELY AVAILABLE IN THE REPLACEMENT MARKET, YOU HAVE MAILED SAYING THESE ITEMS ALSO ARE NOT INCLUDED.



THIRDLY WHY SHOULD YOU GET SO VERY AGAITATED WHEN I SAY THAT IT COULD BE STOLEN ? YOU COULD ASSERT THAT IT IS NOT BY SAYING YOU HAVE PROOF OF PURCHASE ETC. INSTEAD YOUR AGITATION AND INSINUTATION ABOUT MY REPUTATION SPEAKS VOLUMES OF YOUR CHARACTER AS A SELLER ON BAAZEE.



AS REGARDS COMING OUT OF THE BID IS CONCERNED,PLEASE CHECK THE QUESTIONS ASKED EVEN BEFORE THE WINNING OF THE ITEM. IF YOU WERE STRAIGHT FORWARD YOU COULD HAVE ANSWERED THEM. INSTEAD YOU CHOOSE TO KEEP QUIET. KNOWING VERY WELL THAT EVEN OTHER BUYERS WOULD BACK OUT IF U MENTIONED ABOUT THIS NUANCES IN YOUR PRODUCT.



YOU WANT TO KNOW THE QUESTION ASKED TO YOU ?? “

BrandNew SonyEricsson S700i Cell PhoneWith 1.3MP Camera
Seller amitava_bzq1 (18 )








Question
13 Mar 12:53

does the pack contain :Box Contents :Sony Ericsson S700i BST-27 Standard Battery 32MB Memory Stick Duo Memory Stick Duo Adaptor Handsfree/Headphones AC Adaptor Synchronisation software (CD) Manual “













IN THIS CASE WHY DID U CHOOSE TO KEEP QUIET. ?



IF YOU ARENT AWARE A CONTRACT IS LEGAL ONLY WHEN BOTH PARTIES ARE HAVING FULL KNOWLEDGE OF THE PRODUCT, AND BOTH ARE ACTING IN GOOD FAITH, AND BOTH ARE CONSIDERING THE SAME PRODUCT. A BRAND NEW PRODUCT SHOULD HAVE ALL THESE ITEMS IN IT, REGARDLESS WHETHER YOU OR GAUTAM GEHLAUT OR JERSEE OR MOBIZONE OR ANYOTHER SELLER IS SELLING IT. BUT U HAVE NOT MENTIONED I REPEAT NOT MENTIONED IN YOUR AD ANYWHERE THAT YOUR NOT GIVING THE BOX, ADAPTOR AND MANUAL. SO THERE HAS BEEN MALAFIDE BEHAVIOUR FROM YOUR SIDE.



SECONDLY IN ANY TRADE, WHERE A NEW PRODUCT IS BEING SOLD, IT IS ASSUMED THAT IT WILL BE HAVING THE SAME PACKAGING, AND SAME ACCESSORIES, WHETHER ITS SOLD IN MUMBAI, CHENNAI OR CALCUTTA. IN YOUR CASE YOUR TALKING ABOUT A BRAND NEW UNUSED PRODUCT, BUT ARE SAYING THESE ITEMS ARE MISSING. WHAT CAN WE INFER FROM THAT ???



THIRDLY “you have already received no.of SNC warnings and negative ratings from different baazee sellers for non fulfillment of your committments.so i do not consider you a serious buyer and therefore do not want to proceed with you.” YOU ARE ACTING AS IF YOU’RE THE JUDGE. I MAY HAVE RECEIVED NEGATIVE RATINGS, BUT MY APPEALS TO BAAZEE AGAINST snc HAVE ALWAYS BEEN ACCEPTED. ALL THOSE snc’S WERE BY SELLERS LIKE YOU WHO ARE TRYING TO FLEECE THE BUYERS BY WRONGLY REPRESENTING THE ITEMS. I DO NOT WANT TO ELABORATE ON EACH AND EVERY CASE OF snc, BUT IN EVERY CASE THERE HAS BEEN MATERIAL MIS-STATEMENT ON THE PART OF THE SELLER, BECAUSE OF WHICH THE CONTRACT HAS TO BE RESCINDED AT THE OPTION OF THE SELLER.



EVEN IN YOUR CASE THE CONTRACT OUGHT TO HAVE BEEN RESCINDED COZ YOU HAVENT MENTIONED IN YOUR LISTING ABOUT THE MISSING ITEMS, AND IN THE NORMAL COURSE OF BUSINESS, A BRAND NEW PIECE WOULD IMPLY A BOXED PIECE WITH ALL THE ACCESSORIES INCLUDED.



AS REGARDS WHETHER I AM A SERIOUS BUYER OR NO, YOU’RE A CHEAT SELLER I CAN SAY, COZ I CAN SHOW YOU HOW SERIOUS I AM WHEN I CONFIRM THE PURCAHSE OF THE SAME ITEM FROM ANOTHER SELLER WHO HAS BEEN HONEST AND NOT MISREPRESENTED LIKE YOU.



SUNIL