I got a little ways of sales ethics dilemma; didn't know whether I ought to stick this in this forum, or the Marketplace forum, but whatev.

ANYWAY

I sold a 40GB Creative Xen Xtra MP3 player (it's a 2003 model) like-new, used, for $40; little problem with it: it didn't have an operating system/firmware!

HOWEVER, I stated in my listing: DOES NOT HAVE OPERATING SYSTEM / FIRMWARE; you're going to have to find and install that stuff yourself; NOT a recommended purchase if you're not tech savvy. Otherwise, the player comes with everything else that it originally came with (except the OS / firmware) Arrives 5-14 days after ordered.

...

Now, the person who saw the ad, must've only seen the $40 price tag (these models go for about $140 these days), and his eyes must've lit up, preventing him from reading the rest of the product description.

Now, he doesn't seem to be a very technologically savvy person, much less the kind of person who pays attention to details of any extent, so naturally, he wants a refund.

The question is, am I obligated to refund him? I mean, I disclosed all the necessary information I thought I needed to, to make it sound plain as day "THIS THING WILL NOT WORK OUT OF THE BOX; YOU'RE GOING TO NEED TO DO SOME WORK ON IT BEFORE IT'LL WORK."

...

*sigh*

Can you not sense my frustration? How could this have happened?!

I mean, this would have to be the first time I've ever sold anything when the customer actually failed to read the product/sales description whatsoever! It's not like I attempted to hide it, NO! I wanted this MP3 player to end up in the hands of someone who'd actually be able to fix it, use it, and actually care for it!

I hope everyone here has the sense to read product/sales description ads before buying...

This particular customer I'm dealing with must be a thirteen year-old, or something...

This is the part I find most interesting because I have to agree that this is what happened. They obviously saw the price and didn't think twice about their being a catch (which in this case there was) and there usually is when a price is lower than current market value. It really pays to read/research something in it's entirity in these kinds of cases...

From the black and white perspective you're in the right, but like most things in life things aren't always so simple. I would honestly bite the bullet and take the item back as much of an annoyance it and finding a knowledgible user is going to be.

Is it really that hard for even non-tech savvy people to find the firmware on Creative's site?

http://support.creative.com/Products/Pr … P3+Players

You're not morally or legally-obligated to take it back.  But if you're feeling bad about the moron, you could offer a refund if the buyer pays the return shipping.  It's his fault he doesn't read or understand plain English.

People don't bother to read the descriptions.

Just email him the link to the firmware which Ryu just posted, and hope he figures it out.

Thing is, if he can get the firmware working, he got himself an insane bargain so it's in his best interests to keep it if that can be done.

what exactly is firmware? is that like a happy medium between hardware and software? is there a danger if it lasts more than 4 hours?

All you have to do is assess the matter as if you were on Judge Judy. Unless your intent was to deceive, you've got nothing to worry about. Your description states all you need to make your case... it's not like you tried to woo him down with technobable. In my book, you're OK.

Ultimately, it's a personal decision to give him a refund. So either you act like a big box store and just give him the money back, or you have him learn a costly lesson the old-fashioned way. It looks to me like he jerked the auction, without reading the description. Happens to all of us at times but for $40... you've gotta have some common sense before you hit that Buy it Now.

I just bought a new Zen Xtra 40GB for $90 because I love this simple, just-play-the-music MP3 players. Unfortunately, my regressive buy was a reaction of satisfaction with my dying 3+ year previous one so much mixed with the overall sour reception I had to the current selection of players.

I'd say sale done.  You sold it as is.  Description was clearly marked on your auction according to what you say.  No refunds, no returns is my opinion.  It's not really much of a dilemma.  You don't have any more obligation to this person, you have their money, the buyer has the product.

theres always the dilemma that the buyer can screw him with a neg feedback and he cant give one back.

True, but if that's the only neg he has that wouldn't be a big deal to me (as a buyer) because maintaining a 100% feedback rating is hard if you've been selling for a prolonged period... at some point along the line something is going to go arwy to the point you're going to lose out on some percentage.

I think you should do what makes you happy. Legally, you're certainly not responsible, but on the other hand, since you asked about this, clearly it bothers you in a personal way. What you can always do (which I think is very fair) is tell the buyer that you're willing to refund him minus the shipping cost and ebay fees, assuming he has not damaged the item in any way.

cheers,

-avatar!

Thanks for your feedback, everyone! Never imagined that anyone would actually support my position...

I'm definitely going to advise the customer on how he can get the player back up and running again, but if asks for a refund, I'll probably end up giving it to him.

If it was anything else, e.g., if he bought music or video games from me that he ended up simply having buyer's remorse over, I wouldn't do anything about, especially when you can't return music or video games to the store after opening and using them, but in the case of electronics like this...well, I guess I'm a little more lenient...and I could probably still find someone to sell it to, who'd be able to put it back into working condition again.

I LoL.'ed. Yeah, I knew you went there...

http://feedback.ebay.com/ws/eBayISAPI.d … ullipstyle
and keeping the friggin DSRs at 4.8 or higher to get the 20% fee discount