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So I bought an Item, and was sent a whole other thing that was posted.

I need to know, if a seller can change the text / information on their sale post at any time?

So like, he post an item, but then change the description later on or something?

Best regards.
 
And is there any way to see if he changed the information before this?
You could try a PM to the site admins, I would assume there is some kind of logging going on for the Bikemarkt. If its a recent sale you could also try feeding the old URL through google and check if there is an older version of the page in google's cache.
 
Regardless of him changing the text or not, he posted pictures of an item and sent another, and yeah list goes on :) Thanks
 
text says grip and picture shows fit4.

get in contact with a mod.

the following questions matter:
when did you say "i want to buy it"?
when did he answer "you get it"?
when did he change the discription? if he did!
 
@Tirum

Bing has a cached version of the sales page, crawled 21.03.2018, and to me the text appears identical to the one in your image.

[EDIT] URL moved to PM
 
Zuletzt bearbeitet:
on one side i would never have bought a part with this combination of describtion and pictures without asking what is really sold.
on the other side, when i am the seller, i would give you a discount or take it back.
 
Unless there was an interaction between the two of you where the seller explicitly stated his intention to sell and ship a FIT4 cartridge, I'm more inclined to treat it as an honest mistake. As far as I understand the law covering such transactions, both sides can probably claim to have closed the deal under erroneous assumptions.

The seller will argue that he was under the assumption that he was selling the item as described in text, unaware of the mismatching images, and that a buyer entering the transaction in good faith could easily have identified the error and clarified before purchase.

The buyer will argue that he was under the assumption that he was bidding for the specific item shown in the pictures, as they didn't just depict a generic representation of the item, but the exact item to be shipped, though he might have a bit more trouble justifying why he didn't notice the discrepancy between image and text.

The typical remedy would be to roll back the entire transaction. So, as long as the seller is not refusing to roll back the sale, I don't see any harm done.
 
The seller will argue that he was under the assumption that he was selling the item as described in text, unaware of the mismatching images, and that a buyer entering the transaction in good faith could easily have identified the error and clarified before purchase.
i would agree with you if there was only a photo from rock shox / the manufacturer in the offer. like in some online shops.

but, here was an original photo of the damper in the offer. and the packaging says: fox fit 4 inside!
 
@k_star

IANAL, but playing devil's advocate here for a bit...

On the one hand... the seller can easily claim that he just uploaded the wrong batch of pictures and failed to properly verify them. It doesn't invalidate his argument that he acted in good faith and that the buyer could/should have realised the mismatch between the item description and its images and clarified it before closing the deal.

On the other hand... for the buyer's claim to fully stick, it would probably be necessary for him to argue that he was unaware of said mismatch, and that he closed the deal based on the item he saw in the images. What weakens the buyer's claim here is that he is obviously knowledgeable enough to identify the exact designation of the article he wanted to buy solely from the pics. Claiming to not have been aware that the item description referred to a very different item is a bit of a sell. The moment the buyer has to acknowledge that he was aware of a mismatch, arguing that the transaction happened in good faith gets a lot more challenging.

Unless there is something I'm not aware of, I'm convinced that everyone's best option is to roll back the deal.
 
@k_star
On the other hand... for the buyer's claim to fully stick, it would probably be necessary for him to argue that he was unaware of said mismatch, and that he closed the deal based on the item he saw in the images. What weakens the buyer's claim here is that he is obviously knowledgeable enough to identify the exact designation of the article he wanted to buy solely from the pics. Claiming to not have been aware that the item description referred to a very different item is a bit of a sell. The moment the buyer has to acknowledge that he was aware of a mismatch, arguing that the transaction happened in good faith gets a lot more challenging.

To sum this up, on the paypal payment I sent him, it clearly stated that it was a payment for the FIT4 DAMPER, which I think should be more than enough proof to my cause.
 
To sum this up, on the paypal payment I sent him, it clearly stated that it was a payment for the FIT4 DAMPER, which I think should be more than enough proof to my cause.
Again, I'm not a lawyer, and the following should be taken with quite a few grains of salt, but I'm not convinced that that part is of major relevance, as you would have been free to enter any payment info you wanted. At best it can act as supporting evidence of what you wanted to buy. What probably matters more is that the item doesn't match the images on the sales page. I would advise to document the bing cache I linked via screenshot and print, ideally through a third party acting as witness. Checking and documenting any older communication that might reference the original description would be prudent, too. Asking the site admins for details about changes to the item description would also help.

My best guess is that your standing largely depends on the outcome you're going for and whether you regard the sale as faulty or invalid.

If the transaction is considered invalid, because the seller and / or buyer entered into the transaction under wrong assumptions, the typical remedy is to roll back the transaction. The goods go back to the seller, the money gets refunded (not sure if the buyer has to actively send the item back, or if it is sufficient to make the item available for collection, also not sure who pays for the shipping). As rolling back typically expects the item to be back with the seller before the refund, a minimum of trust in the seller is needed, as a malicious seller could try to keep item and money.

If the transaction is considered faulty, the buyer has one of three remedies if the seller fails to correct it:

Rolling back the transaction: The goods go back to the seller, the money gets refunded (again, not sure if the buyer has to actively send the item back, or if it is sufficient to make the item available for collection, for a faulty item the shipping costs are usually on the seller). As rolling back typically expects the item to be back with the seller before the refund, a minimum of trust in the seller is needed, as a malicious seller could try to keep item and money.

Discount or partial refund: The buyer agrees to keep the item, the price is reduced. If the item has already been paid, it obviously requires some sort of cooperation from the seller, and the extent of the discount can be a source of dispute and might require a neutral third party.

Fulfilment of contract: The buyer insists that the seller fulfils the contract. If the seller is unable to or refuses, the buyer can seek remedy on his own, either by having a defective item repaired, or by returning or making available for collection a wrong or beyond repair item, and purchasing a replacement item in comparable state to the original one. The expenses are then charged to the seller. The buyer is expected to minimise the expenses, though, so if a used item was being sold, buying a new one as a remedy will only be deemed acceptable in rare circumstances.

The seller on the other hand can expect the buyer to honour a valid sale.

I think you have a decent legal standing to have the transaction rolled back as invalid as the item shipped clearly doesn't match the pics and your payment details support your position that you were bidding for the item depicted, not aware of a change in text, and therefore entered the transaction under wrong assumptions. I'm a lot less sure about your standing to have the item viewed as faulty, giving you access to the additional two remedies, as the seller can argue that at the time of transaction he had described the correct item in text, and I'm not sure how both positions would be weighed against each other. That is why I think that the remedy that would apply to both cases, rolling back the transaction, is the best course of action for both sides involved.
 
Oh i found that Funny littel Thing.

So maybe to show that iam not an asshole.

The first contact with Tirum was on 26.2.2018 after a Month of price discussion and texting from him. We get the deal with 200 bucks.
HE never ask me what is the product.
And the "wrong" pictures was there because at first i sell the Fit4 damper and nobody want to have it.
Then My local Bike shop install the fit4 damper in my fork. And I sell the Grip Damper, but I don’t take new pictures. And I don’t know that they look so different. The box was in my bike shop and I wanted to offer it there too. So I didn’t take a look on the GRIP Damper.Ok this was an mistake of me. But this was how the live sometime is going.

But i say to him that this is the GRIP Damper. He don’t ask why the other pictures or some other thing.

Then we make a rollback of the Deal and I get an packet with the Damper inside. But is was not new, it was full of scratch and inside the Packet was many oil. The Damper was 1 Month in the Bike shop and there was no Oil or some. The toolholder was damaged and I go the shop owner and say he what is that shit and we was both convinced that it don’t look like before.

After a checking from my bikes hop the say the GRIP Damper is broken. Something inside was broken.

AND THIS was the problem if I get some item and say “Ohh this is not the right on”, ok. Send it back, pay the sending cost and all is good. But if you install some or replace the old on in your fork. Then you have normally lost every right to give the item back.

And in the End PayPal say the same to me.
The told me that this is not the first time who he makes trouble like this.
I get my money back. And throw the broken Damper in the garbage.

So don’t scam other guys and I hope this was a lesson for him!
 

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