Your thoughts: my latest ebay purchase

[Shuruga2]

Heres the auction: http://cgi.ebay.ca/ws/eBayISAPI.dll...viewitem=&item=140050493742&rd=1&rd=1#returns

My girlfriend has a bottle of expensive perfume which no longer sprays (knocked off a shelf by the cat). In order to rescue the last of the purfume I purchased the item in that auction.

Description:
Up for auction is this Vintage Cranberry to Clear Crackle Glass Perfume Atomizer. Marked on the bottom "HolmSpray 250/6", this item measures 3 1/2" high and is showing no chips or cracks. This piece sells with No Reserve.

Further down the page is the now common "As-Is" disclaimer...

Anyway, the item showed up today very well packed and in seemingly good condition, but it does not work (there are large cracks in the bulb which allow the air to escape instead of going through the mechanism). I have sent a message to the seller informing them of this and am waiting on their response.

It is likely that some of you will stick with the As-Is disclaimer and tell me that I'm out of luck. In the end that is how this could all work out, I dont know yet.

Heres my argument:
The seller has mis-represented the item by calling it an 'atomizer'. An atomizer is an object which is capable of creating a fine mist from a liquid, as this item cannot perform that function what it really is is a funny shaped bottle.

Any thoughts?

 

[Silversinksam]

Heres the auction: http://cgi.ebay.ca/ws/eBayISAPI.dll...viewitem=&item=140050493742&rd=1&rd=1#returns

My girlfriend has a bottle of expensive perfume which no longer sprays (knocked off a shelf by the cat). In order to rescue the last of the purfume I purchased the item in that auction.

Description:
Up for auction is this Vintage Cranberry to Clear Crackle Glass Perfume Atomizer. Marked on the bottom "HolmSpray 250/6", this item measures 3 1/2" high and is showing no chips or cracks. This piece sells with No Reserve.

Further down the page is the now common "As-Is" disclaimer...

Anyway, the item showed up today very well packed and in seemingly good condition, but it does not work (there are large cracks in the bulb which allow the air to escape instead of going through the mechanism). I have sent a message to the seller informing them of this and am waiting on their response.

It is likely that some of you will stick with the As-Is disclaimer and tell me that I'm out of luck. In the end that is how this could all work out, I dont know yet.

Heres my argument:
The seller has mis-represented the item by calling it an 'atomizer'. An atomizer is an object which is capable of creating a fine mist from a liquid, as this item cannot perform that function what it really is is a funny shaped bottle.

Any thoughts?

I haven't looked at the auction, but step one would be to await the sellers reply, it may not be necessary to yell fire if he offers to refund yah

 

[Shuruga2]

The reply:

We are sorry that you are unhappy with your purchase, but we stated nothing about functioning condition.

My reply, that I havent sent yet (Rye and e-mail dont mix):
While it is true that the description does not state that it is not in working condition, you do claim that it is a "Perfume Atomizer". An atomizer is an object capable of creating a fine mist from a liquid, as this item cannot perform that action it is nothing more than a funny shaped bottle and of no use to me.

 

[fabulouscoops]

The ad says no cracks or chips, yet the bulb has cracks.
The picture seems to show it in good condition.

My thought is that people who might be interested in this item are looking for ornamental glass of a certain color or vintage. I do not think the seller thought it would be used as it was originally intended, as an atomizer. I looked up the name and it seems that you might have an old valuable bottle. In that case it does not matter if it works, only if it is genuine.

http://www.glasshousenc.com/charleton18sep/devilbiss10.html
"T.J. Holmes is the oldest, continuously operated atomizer company in the US.
The company was founded in 1870 by Thomas Jefferson Holmes in
Massachusetts."

So I do not think they willingly misrepresented the item.

The good news is that it was only $10 and maybe it is worth more if you can research it. Try emailing the company with a picture to see if they can tell you anything.

 

[yo4444]

I, as a previous seller of antiques on Ebay, (family business) would have to go with the statement that there were no cracks or chips, and therefore with the cracks causing the malfunction, it would be defective. If they do not refund or replace, a negative is DEF. in order for a misstatement of condition. If they Neg you back, dispute it with EBAY.

 

[Shuruga2]

Very good advice from everyone, thank you.
This is the response I will send in the morning:
While it is true that the description does not state that it is not in working condition, you do claim that there are 'no chips or cracks'. Unfortunately this is not so as it is the presence of large cracks within the material of the bulb that are causing the non-working condition.

 

[yo4444]

Also, they do not need to state that it DOES work, and negating to state that it doesn't is as good as affirming that it does. A non-statement is not a buy out, if you will.

Edit: Say that ten times fast....

From the listing:
"All items are sold as-is, with no warranty. No returns will be accepted unless the item is misrepresented in the auction."
Definite misrepresentation there. If they start with anything about their choice of language "showing no chips or cracks", that is when you let them know that you will file a dispute with ebay/paypal and the friggin FBI if possible..

I tend to go nuts on principle when people pull unethical crap like that.

 

[d94]

and considering that seller has NEVER had a negative..i dont think they'll risk it over this
id bet you'll get your $$ back =)

 

[stool]

Please do a followup. It is sometimes important to figure out the nuances someone might try to use.

 

[maelstromracing]

if you did it via paypal, do a dispute with them.

 

[InThrees]

In the meantime go to the local drugstore or discount big-assed store and try to find some of those little tiny balloons. Fit one over the bulb and see if that allows you to get it to work.

(unless you get the seller to mea culpa and take it back.)

 

[fabulouscoops]

Guys, this is a vintage atomizer bottle. The condition of the rubber bulb is secondary to the age, shape and color of the bottle. Actually, the fact that it is the original bulb may be a plus for its value even though it does not work. It is a collector's item not meant to be used as a perfume bottle any longer. It's true value may be more than the $9.99 that was paid for it.

 

[Shuruga2]

No response yet

 

[yo4444]

Guys, this is a vintage atomizer bottle. The condition of the rubber bulb is secondary to the age, shape and color of the bottle. Actually, the fact that it is the original bulb may be a plus for its value even though it does not work. It is a collector's item not meant to be used as a perfume bottle any longer. It's true value may be more than the $9.99 that was paid for it.

It isn't the rubber pressure bulb that is cracked.. it is the glass. If it does not work, it is defective unless otherwise stated in the sale.

Antiques are used as originally intended all the time. I have 1940's and 30's radios, late 1800's rocking chairs, antique rugs.. all used as intended, and if they were sold as fine without anything stating they didn't work, I would demand a return of my money upon finding they were defective. Just because it is old, it doesn't mean the seller shouldn't stand by the product and their description of it. If the antique China I sold had a gravy boat that wouldn't hold gravy due to cracks that I had claimed were not there, I think I would have a problem on my hands.

Now if he had received it and it broke soon after, that would be expected. Descriptions are everything in online antique sales.

 

[yo4444]

No response yet

How long since you contacted them? Once 3 days have gone by without a response, it is time to dispute through EBAY.

 

[UnrealAlex]

Whether or not you get your money back, I suggest leaving negative feedpack as thats pretty crappy on the sellers part.