Been Very Silly on ebay. Can I do anything about it?

[fairclough]

Hello. I know I have just been scammed, but I don't know if I can do anything about it. I purchased a watch from ebay. I recieved the watch 3 days ago and what I recieved was a glossy framed photo (of the watch). This surprised me. Maybe the watch was coming later?? To my horror when I re-checked the auction page, in the small print it says about the glossy photo, and that the auction was for that, so the auction was only for the photo. I know that no one pays that much money for a photo, so I know it was a deception, but because the photo was mentioned on the auction, do I have any legal standing, or have I just been conned, and have to accept it, with no reprocussions for the seller because of his small print. It also says in small print, that the buyer takes full responsibility and by winning the auction, agrees that he has met with the conditions of the sale, and waves any rights, including small claims court, to compensation if he is unhappy with the item. I am getting no reply of the seller, and ebay are taking there time. Will the responses I get back be "sorry, you got what you paid for. You should read the auction more closely", or do I still have a case to pursue to get my money back. Please help. Kind regards, Mark.

 

[mach375]

I'm no attorney, but I did hear about this a year or two ago. Here's my understanding of the situation:
This is a scam that has been going on for a while, and Ebay is aware of it. They frown on this sort of "auction," and have a fairly easy avenue for people like yourself who have been duped.
Search the Ebay website for information pertaining to this exact situation. I suspect you will find that you need to contact Ebay and file a claim for "Item Not Received/Significantly Not As Described."
As far as their claim that you have waived your rights, this is pure BS. You cannot waive your rights simply by buying an item online. For more info on waiving your rights, search this site (or Google) for similar situations about Carico cookware (there's likely many sources for info on this, Carico just happens to be the one I stumbled across a while ago).
If you get no resolution through Ebay (doubtful), you can go to small claims. However, small claims actions generally have to be filed in the state where the business is operated (if the business has a branch in your state, you're in luck).

 

[Duranie]

How did you pay for the item? you should be able to file a dispute with Paypal if that is what you used.

Intentionaly misrepresenting an item is what hapened here. Ebay should be on your side on this.