Trust NoOne <
use...@pb3.org> wrote:
> If the seller is unresponsive or refuses, am I justifed in raising a
> case for "item not as described"? I appreciate the item was listed in
> category "For parts or not working..." however the seller clearly
> states in the description that the items are in working condition
> except for the damaged cable and missing power leads.
I'd do a 'not as described' case for this.
It was sold as 'For parts or not working', and in this case it would seem
that the 'for parts' description applies, rather than the 'not working'. It
is 'for parts' because it is not a complete unit. The seller clearly stated
that it was working, and it's that description that was at fault.
By analogy, imagine you bought a car that was 'for parts or not working'.
Seller said it had failed its MOT due to rust. It is clearly working - you
can drive it, just that the law no longer allows it on the road (without
substantial repairs). If you bought it and found the engine was blown, that
would be a similar situation to yours.
Another analogy would be a FP/NW mobile phone, which is listed like that
because the microphone doesn't work. You would have grounds to complain if
the phone wouldn't turn on, because that would be a different fault compared
with the one listed.
In both cases the description of the faults was incorrect. You might buy an
MOT failure or a phone with no microphone if they were suitable for your use
case (banger racing or watching films, say), and you wouldn't expect to
receive something with different, more major, faults.
Theo