False Advertising


Trying to find what the rules are on false advertising here. I recently purchased a preamp here and the ad stated it came with the power cable that connects to a battery and a remote for volume control which neither showed up when I received the item. I have tried sending messages to both the account of the seller and phone to which I have received no reply. The email of the seller that was listed after the transaction says it has been disabled.

I have since been able to put together a power cable which consists of using a powercon connector so I could at least see if the preamp works and it does. I really like the preamp but am pretty bummed that it did not come with a) the original power cable and more importantly b) the remote.

Is there any recourse for this? Could I get some money back via Paypal for falsely advertising that this unit would be coming with all the accessories that was listed in the ad?

Any thought?

Thanks,
Thomas
t_ramey
First step is to open a dispute on the transaction via Audiogon -- there is a red button in the bottom right corner of the listing page -- use that and enter the details of the missing items. Generally if the seller is halfway decent he will give a partial refund via PayPal to maintain his/her good name. Entering into the full dispute resolution on PayPal will be more heavy handed -- and may lead to you needing to return the pre for a full refund -- so if you think you want to keep it, and at the end of the day can live with what it cost, then you may want to think before you go down that route
t_ramey, please keep us updated on the outcome. Hopefully, it can be worked out to your satisfaction.

Thanks guys. I submitted a dispute and Tammy responded quickly. The guy had 100% feedback so I was pretty disappointed in not only being short handed with the remote/cable but also the lack of any response. Hopefully something can turn up from this. 
@t_ramey 

Unless you used the friends and family gift option through Paypal, you are holding all the cards. If it were me, I would give the guy a day or two to give you a partial refund that seems fair to you, but only if you want to keep the preamp.

Otherwise, I would submit a dispute via Audiogon as folkfreak suggested and get a full refund. What a disappointment!
Well I did submit a dispute but I said in the description I want to keep the preamp as I do like it but obviously very disappointed that it has no remote. I'm not sure I would have made an offer if I knew it hadn't but since it's in my possession and I've heard it I would like to see if its possible to get a remote for it but I don't know how much that's going to cost.
Just to play Devil's Advocate, did you really, really look through ALL of the packaging?  Sometimes these accessories are located inside the foam/styrofoam inserts and might even be in it's own little compartment.

I bought a piece of gear and couldn't find some of the accessories.  The seller swore he included them.  I went back several times through the packaging and finally found them buried inside the inserts.

Might be worth another look?
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@steakster 

I think you misunderstood my post, or else I didn't make myself clear. I am saying that the buyer has protection unless he used the Friends and Family option.
@mofimadness 
If the seller had enclosed the missing items and had done nothing untoward, I see no reason why he wouldn't respond to the buyer  and why he would, all of a sudden, disable his email address as used during the transaction. Just sayin'.


I think you should bail on the preamp and initiate a Paypal dispute as well if you haven't done so already. You have documentation that the missing items were included in the sale as well as evidence that the seller's sale email address was disabled after the fact. That's enough for Paypal to refund your money once you send the unit back.
With tracking number and insurance.
If I decide to initiate a Paypal dispute do they refund me after I show proof of shipment or does the seller have to receive it? I'm wondering if something just happened to him. Weird that there is no response for the past week and wonder if I shipped it back would he even receive it.
The seller has to receive it!
I would place contact both Agon and PayPal and file.  Do not waste any time waiting for a response.  It is better to file something and then have to take it back then to wait.
I have learned NOT to get excited about a purchase until after it's in my hands. Too many things can go wrong between the seller and the shipper. Abide by all of the rules and your not likely to get burned. S**t happens to all of us. All of the hoops we occasionally have to jump through should be seen as just part of the online process of doing business.
No need to rush into a PayPal dispute, you have plenty of time to file.

I would actually have no hesitation naming names in a case like this if you get no satisfaction.

good luck and yes it has to be confirmed the seller received item back, but that only needs to be confirmation that the package was delivered by tracking number. If no signature required that would be it even if it sat on their front door for weeks.
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I bought a discountiued Cambridge Audio piece on Audiogon and the remote malfunctioned. I called the company and they searched around and found me a remote that worked and sent it to me free, so it is worth calling the company being nice and seeing if they will help you out.
Well I'm hoping I just received the answer as to what has happened. I decided to look back at the Paypal receipt and noticed the email listed was different than what was available here on Agon. The name was completely different than the name here on Agon as well but I've seen that before where the seller will have the spouse be the one to receive PayPal payments. So this morning I sent an email and just received a reply stating that the seller had left out of the country on a business trip right after shipping the preamp and that they will help me get the items that were missing. So hopefully this will have a happy ending.
That sounds good.  I know once inadvertently forgot to include the advertised remote with a DAC.  Just took and email and I rectified it super promptly, but we are all human....

I hope you get everything in order soon, and enjoy the music your purchase brings!
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