Print the value of index0
Bargainland Liqudation On Ebay Promise one thing get another, finally kicked off of Ebay Internet
I won a King size 2 inch memory foam mattress topper on Ebay. I paid for the item right away and waited 2-4 weeks for the shipment.
When it finally came it was a Full size not a King size. I called the company and they said I would have to email them the problem. I tried to do that and it bounced right back to me 3 different times. I called them to tell them and they got very rude and asked me for my e-mail address and said they would, "Check it out and e-mail me back." I waited nothing happened, in the meantime I tried to email them again and it went through.
I notified them 3 times of the discrepancy and that they needed to send me a paid label to ship it back and the correct item because I was not investing any more money into this but I received no answer. I finally told them if they did not contact me by the end of business on Friday, this was Monday, I would do a charge back on my debit card.
Of, course 2 days after I did the charge back I got an email telling me I would have to send them the item back and they would credit me the postage on my card and would send out the correct item.
By this time I had checked them out on the merchants review section on Ebay and to my dismay found out they had over 10,000 complaints logged against them! I really blasted Ebay for keeping them on as a merchant with so many complaints, (they have since taken them off). They have a reputation for getting money out of people with incorrect or no merchandise!
When they realized I had done a charge back they angrily emailed me insinuating I was dishonest. They said since I had rec'd the merchandise and gotten my money back, they would not send me something else for me to "not pay for". i very politely repeated the situation and they acted like they didn't know anything and still accused me.
I never rec'd correct merchandis or label to send back the wrong one. I recently got a notice from my bank saying they would not honor the charge back and reapplied the charge to my account. I have just sent in an appeal telling them I will be happy to send this merchandies back at any time, "At their cost" not mine. I told them about their record. At this time I am still waiting for their answer.
Rachael
Fayetteville, Georgia
U.S.A.
2 Updates & Rebuttals
Ronald
Biloxi,Mississippi,
U.S.A.
You are right
#3Consumer Comment
Sat, January 27, 2007
Bargainland is a ripoff. Sent me only part of the item as described on EBAY. Unable to contact Company and complaints to Ebay fell on deaf ears. Ebay only cares about the MONEY that power sellers bring in. They know this Company is Fraudulent but will not take any action due to volume of business it provides. This makes EBAY a partner in crime. Ebay refuses to hold power sellers to the same standards that the little guy is expected to adhere to.
Carl Austin
Kingston,Ontario,
Canada
bargainland-liquidation is indeed still active as a problem eBay seller
#3Consumer Suggestion
Tue, December 19, 2006
They've moved from Arizona to Tennessee and are eBay userid:bargainland-liquidation (they used to use eBay userid:bargainland, that was ages ago) but they are still active.
I doubt that complaining to eBay will, in and of itself, cause them to drop bargainland aka bargainland-liquidation. eBay and Paypal (an eBay subsidary) are both paid by the vendor - they take a fee and a percentage on every item sold.
If toolhaus.org finds 1000+ neutral+ negative/ month in feedback on this one vendor, which works out to more than one in ten transactions going so severely bad that a buyer was willing to live with the retailiatory feedback that comes with calling bargainland -liquidation out on their misdeeds?
eBay already knows or should reasonably be expected to know that there is a severe problem here. They do nothing.
The only way to wake eBay up may well be for each buyer that goes the small claims court route to name eBay as co-defendant. Make them appear alongside bargainland in a courtroom and explain their inaction. Claim "negligence", "gross negligence", "fundamental breach of contract", whatever. eBay being aware of the problems and doing nothing is negligent if problems are this widespread and well-known. In a civil court proof on the basis-of-probabilities that someone's carelessness or negligence caused you to incur a loss is all you need.
Win, lose or draw, if eBay had to show up in court and justify their inaction each time one of these deals goes sour, they'd drop garbageland like a hot potato. Yes, eBay does claim to be "just a venue" and not a party to the transaction itself. No, eBay is not the vendor. They're not the company under the primary obligation to deliver goods as advertised. Nonetheless that is not, I'd suspect, a defence under civil negligence or gross negligence if they've been looking the other way while 1000+ transactions monthly go bad due to one problem vendor alone. To do nothing under these conditions is a serious omission on their part.
It's not like taking the criminal court/ police/ DA/ postal inspector or state attorney-general route; the burden of proof is much lower.
In a criminal trial, the alleged bad guys are given the benefit of the doubt; better to free a villain than to jail someone even possibly innocent. Civil procedure is entirely different.
In a small claims court you're not trying to get the culprits thrown in a gaol cell, you're just trying to get your hard-earned money back. Basis of probabilities is all you need to show. Most jurisdictions do not require a lawyer for small claims (equivalent to what TN calls its "general court") and the costs incurred to file a claim can be added to the amount for which you sue.