eBayer's item ruins my iPod

[Merlin2000]

What is the name of your state? AZ

I purchased a cover for my new iPod through eBay. The seller seemed legit, and appears to have sold these covers before, here is a link to the item I won.

For some reason, the cover was able to scratch the ipod screen, as it was put on. I have e-mailed the seller many times, but she has been unresponsive. The next thing I did was file a claim through the eBay resolution center.

The iPod was around $300, and really want to have it restored to the condition it was before that cover was placed on it. After looking through the seller's feedback, I saw that there were a few other people that have experienced the same problem that I have with the scratched iPod. The seller's reply was that it was improperly placed on the iPod.

Even if I have to pay $300 to take this person to court and do the right thing, I would rather do that based on principle.

What can I do to have this person pay for the damages that the cover caused? Small claims? Any suggestions at all are appreciated!

 

[moburkes]

I'm not a lawyer...

What is the name of your state? AZ

I purchased a cover for my new iPod through eBay. The seller seemed legit, and appears to have sold these covers before, here is a link to the item I won.

For some reason, the cover was able to scratch the ipod screen, as it was put on. I have e-mailed the seller many times, but she has been unresponsive. The next thing I did was file a claim through the eBay resolution center.

The iPod was around $300, and really want to have it restored to the condition it was before that cover was placed on it. After looking through the seller's feedback, I saw that there were a few other people that have experienced the same problem that I have with the scratched iPod. The seller's reply was that it was improperly placed on the iPod.

Even if I have to pay $300 to take this person to court and do the right thing, I would rather do that based on principle.

Since I'm the first to rspond to your thread...the 2nd response (if you don't fix your original message)...will be from someone asking what legal question are you asking. All you've done is vented so far.

 

[Merlin2000]

haha. Hard to answer a question if one is not asked. Thanks for the heads up.

 

[JETX]

What can I do to have this person pay for the damages that the cover caused? Small claims?

Of course you could file a lawsuit, and yes, small claims would be appropriate. However, based solely on the information in your post, you have NO claim.
One of your problems is in proving that the scratch was caused BY the cover and not due to your prior negligence.

Curious though... what is this thing made out of that would scratch your screen?? It would have to be something pretty hard, and not just plastic.

 

[janedoe23]

So basically your asking whether or not you should sue the seller for you scratching your own ipod by putting a cover on? Does that really make any sense?

Last week I bought a new cover for my cell phone but in the process I damaged my keys and scratched the phone, do you think I should sue the vendor?

 

[Zigner]

I am curious as to why you posted positive feedback if it damaged your iPod...

 

[janedoe23]

I am curious as to why you posted positive feedback if it damaged your iPod...

Are you assuming out of the 4 Ebayers that made a purchase he was the one to leave positve feedback?

 

[Merlin2000]

However, based solely on the information in your post, you have NO claim.

- I wouldn't want to waste my time if I really don't have any sort of legal standing. I would say that the item was faulty, which caused the scratch. Are there any questions you could ask me that might make it look like the seller is at fault? I'm not sure where to even begin. If I won't get anything out of it, I don't want to go waste time over it.

So basically your asking whether or not you should sue the seller for you scratching your own ipod by putting a cover on? Does that really make any sense?

- There is a difference between me scratching the iPod, and the cover scratching it. Sorry if I didn't make that clear.

Last week I bought a new cover for my cell phone but in the process I damaged my keys and scratched the phone, do you think I should sue the vendor?

- JETX pretty much summed it up: "One of your problems is in proving that the scratch was caused BY the cover and not due to your prior negligence"

Can that be proved? No, but I could show that it was recently purchased, however that doesn't mean I did not scratch it myself.

One thing that might help (maybe?) is that the iPod and cover have the exact same scratch lines.

I am curious as to why you posted positive feedback if it damaged your iPod...

- I didn't...

 

[Zigner]

Are you assuming out of the 4 Ebayers that made a purchase he was the one to leave positve feedback?

Good point...
a better question might be "Did you leave negative feedback?" If not, why not?
The only feedback to that item so far has been positive.

 

[Merlin2000]

I'm not going to leave feedback until I hear back from the seller about what to do, or don't hear back from her at all.

 

[glama_jama]

Hello Merlin

Hello~what probable will happen, is the seller will say that it is your fault, and will say that it was improperly installed. I believe that you will not have a case against him. The most that will probably happen is that the seller will issue a refund, and probably not the high shipping fee.

I know that the 99 cents would be an insult, but with his excellent feedback, they might decide in his case. Ebay cannot make the seller replace, or buff the scratches ot of your ipod.