Relatively Trivial ...
 

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[Closed] Relatively Trivial Ebay Dispute, who's right

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Bought some SPD pedals off ebay, just searched by cheepest, clicked, paid, done.

The pro-forma bit of the lsiting included this description:

New: A brand-new, unused, unopened and undamaged item in original retail packaging (where packaging is applicable). If the item comes direct from a manufacturer, it may be delivered in non-retail packaging, such as a plain or unprinted box or plastic bag. See the seller's listing for full details

Now, assuming you don't read the description for a new item that's advertised as new, and you already know what it is.

The description does say as the bottom that cleats are not included.

Would you think it fair that the shop is selling OEM pedals, opening the packets, removing the cleats and selling them seperately? especialy as if you access ebay via google shopping it doesn't even show the description unless you click the "legal/further details" button?

Response from the shop was

They are exactly as described. I have sold over 2000 pairs with the same description so there is no problem at all with the listing. It also states in the ebay stuff that items can be bagged. Im sorry but i cant be blamed if you did not read the description. We are splitting the cleats from the pedals thats why they are the price they are. But i do state no cleats included. Im happy to sell you a pair of cleats if you call to buy at £7.00 which makes them cheaper than merlin.

So I still get the pedals+cleats at the cheepest price so I'm happy with that, but I do think the add was a bit missleading, am I alone in that?

edit: they're at the cheep end of the spectrum, so the cost of cleats if I'd just accepted the pedals and gone back to buy cleats makes up about a third of the total cost.


 
Posted : 15/06/2012 9:58 am
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link ?


 
Posted : 15/06/2012 10:00 am
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I does sound like they are being a bit economical with the truth in order to - apparently - have the lowest ticket price.

Not much you can do though other than don't use them again, oh, and name and shame 🙂


 
Posted : 15/06/2012 10:01 am
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you're wrong, read the description, it's ebay............


 
Posted : 15/06/2012 10:01 am
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there was no original retail packaging as they are an OEM item - I'd say they were reasonable.

If they were selling retail, boxed stuff with no cleats I think you'd have a case. But even then if the as stated 'No cleats' and you ignored/didn't read it then caveat emptor woudl probably be the case.


 
Posted : 15/06/2012 10:02 am
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I'm not naming and shameing as they've made a fair offer to sell the pedals at a price that means I've still bought them as cheep as elswhere, just not the bargain they appeared to be.

Where it varies from the decription is the un-opened bit, there's a seperate category on ebay for "new: other" for stuff that's been opened or bits removed from a complete bike for example. If they'd been in that category I'd not complain (and would have clicked through to the description).


 
Posted : 15/06/2012 10:02 am
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Is the seller doing something which might not be 100% legal? Probably. Welcome to eBay, who themselves don't actually tick ALL the boxes to be fully legal in the UK. 😉

And if eBay got rid of everyone selling something slightly dodgy they'd be out of business overnight. Sad, and certainly not something I condone, but true.

Now, has the seller duped you? No. Seller was upfront and honest about what he was selling.


 
Posted : 15/06/2012 10:03 am
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Clear case of caveat emptor. If it said, "no cleats", you got what you paid for.


 
Posted : 15/06/2012 10:03 am
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Well without seeing the ad it's hard to decide how sneaky they may have been about putting it in the small print at the bottom. Regardless, ultimately it's your problem for missing it unless you KNOW and can PROVE that the OEM packs they buy include cleats


 
Posted : 15/06/2012 10:09 am
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The description is pretty clear, but as I said, search through google shopping and ebay comes up in a different page format with just the pro forma part of the listing. A bit like other websites have a tick box that says "click here to say you've read out T&C's), doean anyone ever read them?

unless you KNOW and can PROVE that the OEM packs they buy include cleats

We are splitting the cleats from the pedals thats why they are the price they are.

The description as a whole is accurate (ish), but it's a bit like buying a new car, then when it arrives finding it doesn't come with wheels, despite the fact you assumed that every new car came with wheels included.


 
Posted : 15/06/2012 10:16 am
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despite the fact you assumed that every new car came with wheels included.

Yet if the advert had said, "No wheels included".....


 
Posted : 15/06/2012 10:17 am
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[quote=the seller]But i do state no cleats included.

If he did indeed say that in the listing, then how can you complain.

"I didn't read the description" ?

Not really a good enough reason to complain in my opinion.


 
Posted : 15/06/2012 10:18 am
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You're wrong - you go what you paid for.

In my experience rushing with eBay purchases is always a bad idea. You must read the description and never trust the 'header' info.


 
Posted : 15/06/2012 10:22 am
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I want to see how they get the cleats out without opening the packaging - clever


 
Posted : 15/06/2012 10:22 am
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I have bought loads of cheap pedals like this and they never come with cleats .Its why they are so cheap .I always check the listing .I dont need cleats that often so it doesnt bother me


 
Posted : 15/06/2012 10:23 am
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We are splitting the cleats from the pedals thats why they are the price they are.
I've never seen an OEM delivery to a shop - maybe they get loads of pedals and loads of cleats bagged separately. Surely that'd be easier for both manufacturer and receiving shop ?


 
Posted : 15/06/2012 10:29 am
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Sharp practive for sure and they caught you. Lesson to learn. Just neg them and state why. Nowt else you can do


 
Posted : 15/06/2012 10:37 am
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I want to see how they get the cleats out without opening the packaging - clever

They don't, they come in a bag, which then has 4 bags in it, one with each of the pedals, one with cleats, one with the instruction book. The outer bag is opened (which was my gripe with the heading). If the heading says unopened packet you assume that everythign that was in the paket when it left the factory is still in there.

TJ probably has it right, it's a bit sharp and probbaly just the wrong side of right, learn from it and move on.


 
Posted : 15/06/2012 10:42 am
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Just neg them and state why.

"Based on not reading the listing properly, I didn't get what I expected.
They sent what they said they would, rather than what I guessed they might"


 
Posted : 15/06/2012 10:43 am
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The outer bag is opened

That was kinda my point


 
Posted : 15/06/2012 10:53 am
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You're wrong, they're right - there's a few pedals being sold like that and it's obvious (via a normal eBay page) that the cleats aren't included, it's something that's done and is well known. The fact you access via a method that doesn't show the description clearly is your problem not theirs...


 
Posted : 15/06/2012 10:55 am
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But i do state no cleats included

If the listing does state no cleats included I'm really struggling to see your point.


 
Posted : 15/06/2012 11:06 am
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Thread synopsis......

I'm not naming and shameing

Because.

The description is pretty clear

I just didn't read any of it.


 
Posted : 15/06/2012 11:10 am
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I just didn't read any of it.

That's the point, I did read as far as "unopened packet" and the packet included cleats. So the advert contradicts itslef.


 
Posted : 15/06/2012 11:15 am
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Retail pedals come with cleats, you assumed these would too. I'm on their side, though as a seller I'd be clearer.

Your car analogy is BS btw, no car can function without wheels.


 
Posted : 15/06/2012 11:20 am
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Mmmm, no I think the seller's right. Pedals do virtually always include cleats yes, but you can't assume that. You did, despite the fact it said something to the contrary.

TJ's 'wrong side of right' is on the mark.


 
Posted : 15/06/2012 11:23 am
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That's the point, I did read [b]as far as [/b]"unopened packet" and the packet included cleats. So the advert contradicts itslef.

My apologies. You read [b]some[/b] of the description.

But he clearly stated there were no cleats included.

So you obviously didn't read [b]enough[/b] of it.

The seller can't be responsible for you not reading what he writes. can he ?


 
Posted : 15/06/2012 11:24 am
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http://www.ebay.co.uk/itm/Shimano-M520-Black-SPD-MTB-Pedals-NEW-/290721240209?pt=UK_sportsleisure_cycling_bikeparts_SR&hash=item43b0561491#ht_2499wt_982

I bought some a while ago too. Didn't need the cleats at the time but also didn't notice they weren't included. Properly read the description and decided it was my own fault

New: A brand-new, unused, unopened and undamaged item

Reading this I question how they remove the cleats

We are splitting the cleats from the pedals thats why they are the price they are.

It certainly put me off using them again as I don't want to deal with "sneaky" shops. They are certainly not making an effort to be clear that cleats are not included in the title which is where an entirely upfront shop would mention it seeing as how it is fairly critical.

There response seems a bit off hand - certainly not good customer service but then it depends on the tone of your email to them so we'll need context.


 
Posted : 15/06/2012 11:52 am
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Possibly the most pointless thread I've read on here for a long, long time. And thats quite an acheivement.


 
Posted : 15/06/2012 11:56 am
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What do you think w/o cleats means .You only have to compare prices to realize that this seller and others dont include the cleats because they are so much cheaper than those that do if you read descriptions properly .If the pedals are in a seperate unopened bag to the cleats where is the lie?


 
Posted : 15/06/2012 11:59 am
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So the listing clearly states [b]Twice[/b] that it is for pedals without cleats 🙄

And you still expect cleats !!

READ THE DESCRIPTION, it's right there :mrgreen:

To be honest, I would have been too embarrassed to come on here and complain if it was so clearly
My mistake.


 
Posted : 15/06/2012 12:11 pm
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Devil's advocate;
But the seller shouldn't be selling then as 'new, unopened packaging' then? And the admission that they are opening the packets and splitting the contents is de facto proof that the seller has miss catagorised the item then, should be 'new without packaging/tags/whatever'
\Devils's advocate

Car without wheels analogy actually pretty good I think, SPDs pretty useless without a means of attaching them to your feet.


 
Posted : 15/06/2012 12:28 pm
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I'd say it's 100% your fault for not reading the item description. You got exactly what you paid for, so how can you complain about that?

Leaving negative feedback would be childish.


 
Posted : 15/06/2012 1:33 pm
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A case of read twice before clicking 😉


 
Posted : 15/06/2012 1:44 pm
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I once ordered some m520s that were described as coming without cleats, but when they arrived there were cleats in the box (unopened). HTH


 
Posted : 15/06/2012 2:00 pm
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Wish I could buy pedals without cleats. Think I've bought 7 pairs of pedals in the same time space as 1 pair of shoes which I've changed the cleats on once.
I'm drowning in the bloody things. Wonder what their scrap value is....


 
Posted : 15/06/2012 2:01 pm
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Devil's advocate;
But the seller shouldn't be selling then as 'new, unopened packaging' then? And the admission that they are opening the packets and splitting the contents is de facto proof that the seller has miss catagorised the item then, should be 'new without packaging/tags/whatever'
\Devils's advocate

Car without wheels analogy actually pretty good I think, SPDs pretty useless without a means of attaching them to your feet.

I resent being refered to as the devil, but that was pretty much my point.

And you can drive a car without tyres, it's about as grippy and comfortable as riding SPD's without cleats.


 
Posted : 15/06/2012 2:15 pm
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TINAs the pedal bags were unopened I presume? If so then the e-bay description is technically correct. Read ad FULLY twice, buy once.

mrjmt - Member

Wish I could buy pedals without cleats. Think I've bought 7 pairs of pedals in the same time space as 1 pair of shoes which I've changed the cleats on once.
I'm drowning in the bloody things. Wonder what their scrap value is....

If they're Shimano MTB SPD cleats I'll throw some money at you for them. 😉


 
Posted : 15/06/2012 2:38 pm
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You're just being massively pedantic, and I suspect you know it.

I regularly list things as 'new' on eBay which have been removed from their packaging but not used - ie. OE stuff from bikes.

I make this clear in my listings are nobody has ever complained.


 
Posted : 15/06/2012 2:50 pm
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Jeez. It's Friday FFS, go buy yourself some cleats and go for a ride!


 
Posted : 15/06/2012 3:13 pm
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Wish I could buy pedals without cleats. Think I've bought 7 pairs of pedals in the same time space as 1 pair of shoes which I've changed the cleats on once.

can i have a pair 🙂

my cleats are so worn that both feet popped out of the pedals trying to accelerate from the lights on this mornings commute 😯


 
Posted : 15/06/2012 3:21 pm
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*reported*


 
Posted : 08/02/2013 10:52 am
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Holy thread resurrection! Just to report it?


 
Posted : 08/02/2013 10:56 am
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It was resurrected by an advert that has since been deleted! 🙂


 
Posted : 08/02/2013 11:00 am
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So did you ever get the cleats? Personally you are wrong for not reading the description, however, the seller has been slightly sneaky by listing as new unopened instead of new:other

However, the best that could happen is they offer a refund out of goodwill, but as they offered the cleats cheap I don't really see the point in this post!, in fact this post is so old it's irrelevant but as i read all of it before I realised it was7 months old I wanted my say LOL


 
Posted : 08/02/2013 11:17 am
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You have to read things properly . I told this to a friend of mine many years ago who thought he was going to watch Duran Duran in concert but he had actually bought tickets for Duran Duran Duran who were not quite the same group.


 
Posted : 08/02/2013 12:23 pm
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Without re-hashing the thread too much, yes I did get the cleats for the difference in price.

No they didn't admit they were wrong.

Yes i do still think I was in the right seeing as if you visit ebay via google shopping all you see is the picture and "new, in box, etc etc". to me "new" doesn't mean, new, box opened, important parts removed to sell seperately. New pedals come with cleats, 2nd hand ones might not. if they'd had anything to the effect in the title that cleats weren't included I'd not have bought them (and asks the question, why not mention that you've opened the box and removed the cleats in the title if you're not trying to obscure that fact) .

It'd be like buying a 'new' DVD from HMV then getting home and finding a note in the box saying DVD sold seperately.


 
Posted : 08/02/2013 1:25 pm
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Without re-hashing the thread too much

yet...

Yes i do still think I was in the right

despite most posters disagreeing with you, so here we go again...

if you visit ebay via google shopping all you see is the picture and "new, in box, etc etc".

Well actually what you see is just "*Shimano M520 Silver SPD MTB Pedals*" the picture (which doesn't show any cleats) and "New"
http://compare.ebay.co.uk/like/290764806615?var=lv&ltyp=AllFixedPriceItemTypes&var=sbar&adtype=pla&crdt=0

It's only your preconceptions which appear to make you think you should have got cleats. Interestingly to get the description of "New" which you appear to be basing your complaint on, you have to click on the "View Description / Legal Information" link which then gives you the specific no cleats information.

It'd be like buying a 'new' DVD from HMV then getting home and finding a note in the box saying DVD sold seperately.

Yes, it's exactly like that 🙄


 
Posted : 08/02/2013 1:38 pm
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In other news. Its the 20th anniversary of the film "Groundhog Day"

Does anyone need a plot synopsis?


 
Posted : 08/02/2013 1:41 pm
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In other news. Its the 20th anniversary of the film "Groundhog Day"

[img] [/img]


 
Posted : 08/02/2013 1:45 pm
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It was resurrected by an advert that has since been deleted!
Eh? How does that work?

OP was wrong IMO.


 
Posted : 08/02/2013 2:16 pm
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The only issue here is google shopping not showing the full description, how the hell that's the seller's problem I don't know.


 
Posted : 08/02/2013 3:15 pm

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