[quote="daveislander";p="15350"]
*The standard EBay reply is used every time,, namely, THEY are not responcible for all the items posted on the site,, they rely upon the sellers honesty and do not have the resources to check the veracity of any claims made.. *
Blameshifting BS, of course. When there isn't a true 4GB Nano clone on the ENTIRE SITE, because ***4GB NANO CLONES FROM CHINA DO NOT EXIST****, then there is no question about "relying upon the seller's honesty". The seller's are fraudulent, plain and simple. They may have had an excuse in the past about not knowing the boards on the Nano clones are currently not capable of accepting a 4GB configuration. They have no excuse now, because it's an established FACT. Established by investigations done on this site and other sources.
Furthermore, their sister co. Paypal, asks for 3rd party verification when such a claim of fraud is made. If one person does that, then eBay doesn't need "the resources to check the claim". In a case like this, where there ARE NO KNOWN TRUE 4GB CLONES, it'd have to be up to the seller to prove their item is not fraudulent in order to go on selling the devices, in light of all the evidence that 4GB clones dont exist! And not simply make restitution to the buyers before their 90 days are up.
*They DO investigate claims of fraud, but as long as the seller is making 'reasonable' attempts to rectify the problem, they can not intervene.. *
Hence the reason the sellers ask for the players back...
*It is apparently not fair to expect sellers to pay the costs involved with sending back items that may simply be not what the customer thought it was (honestly!).*
Except this isn't simply a case of where the buyer has buyer's remorse. This is a case where the SELLER is fraudulently advertising false claims. In that case, as it has been pointed out here by one burned buyer, it IS the seller's responsibility to assume all costs involved in rectifying the situation. And the seller is at risk of criminal charges, if he continues to sell and advertise the same fraudulent merchandise, after a complaint has been made.
It's obvious that complaints need to be made to government agencies that govern the practices of eBay, if eBay won't respond within their organization to protect the eBay community of buyers, by recognizing the FACT that there ARE NO KNOWN 4GB NANO CLONES ANYWHERE.
*Ebay have no knowledge or expertese with technology and are not in a position to say that a 4gig MP3/MP4 product is genuine or not... *
They don't have to be. They simply have to acceptable reasonable 3rd party evidence of such a fact. If they do not wish to accept reasonable 3rd party evidence verifying these facts, they are party to fraud themselves.
*There are certainly 4gig MP3 players available and they wouldn't be willing to place a warning on all MP3 players just because some have 'problems'*
Once again, NO ONE IS ASKING THEM TO!! We are talking about NANO CLONES, not "All MP3 players!". In fact, these are popularly known as "MP4 players" not "MP3 players". No warning is necessary for Apple iPods and I'm not sure, but there may be some non-apple chinese non-brand name MP4 players (which are NOT Nano clones) that have more than 2gb of flash.
*Ebay might consider a warning in the forums, they claim that there are already warnings out there,, but they could not condone a company being accused of fraud unless this was proven in a court of Law.*
ALL THAT HAS TO BE PROVEN is that there are NO known chinese noname Nano knockoffs (MP4 players which look like the Nano) that have 4GB memory. So its ridiculous to litigate every eBay seller to prove it in a court of law when its a known fact that there are NO eBay sellers that have been proven to be selling true 4GB chinese Nano clones.
*There are less complaints about MP3 players than many other products and this is probably because the companies involved take extraordinary steps to rectify problems as they base their business on good feeback and couldn't continue to trade if they were 'inundated with complaints' as my comments (to them on the telephone) would imply.*
BS. If you look at the feedback records of most hong kong 4GB MP4 Nano knockoff sellers on eBay, you find their feedback records are piss poor. It's AVERAGE to see several DOZEN negative feedbacks in the last month from these sellers! (They don't just sell fraudulent mp4 players....). They use multiple accounts, so they can simply hide their feedback by opening a new account, when it gets too bad. FEEDBACK SYSTEM DOESN"T DO SH*T TO PROTECT EBAY CUSTOMERS when eBay sellers have the opportunity to change their accounts or use multiple ones. So in short, yes they can continue to trade no matter how many people they rip off, no problem sir. And what's more, the extra profits they make from selling 1GB players at 4GB prices, makes up for reduced sales if their negs get too high.
*There are other things said, but the truth as far as I am concerned is that Ebay dont want to know.. they make a HUGE profit from the chinese companies and its a huge market that they are just beginning to get access to. *
Absofreakinlutely. I have no problem seeing that. That's why I say those burned have to take the fight against eBay to trade commissions that regulate eBay's practices, and to 3rd party web press. The US gov needs to be aware that eBay is protecting fraudulent merchandisers, and so does the public at large. This hasn't bitten eBay CEO's in the ass yet, because it isn't that well known. How many people need to be burned with these 4GB players until it is?
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