another ebay problem of items not as described

DeutscherGeist

I think all of us had this problem before. I bought a bunch of items from a big dealer, some of the items I was not pleased with condition-wise. He is being very uncooperative and spinning his description to mean a lot of different things. When you describe something as MINT or near MINT and it is wearing and peeling, I think all collectors would have a shown down on that one.

He is not denying having a refund policy, just does not accept my excuse. Most good sellers just give a refund and be done with it. They may choose not to deal with an individual again, or just do not want to take anyone's money unless they are satisfied with the purchase. This guy is very stubborn.

What can I do to get some of my money back? I did not use credit card, I wrote a personal check that already cleared. Is there something I could file with ebay? What have you guys done.

I think stone might tell me that this is one battle I should let go and just focus on what makes me happy like going out meeting people and spending quality time with friends. This headache is not worth the time missed with friends.

lostdart58

I think we need more info.............link to auctions???

jimq112

There is a dispute process with ebay if you either never get what you paid for or if it's not as described. You file a dispute and the seller answers, it goes back and forth for at least 10 days and 30 days from the end of the auction. If it doesn't get resolved you can up it to a claim. You'll have to prove payment (order that cancelled check now) and have a card shop put together a statement of what the card is and it's value as described and as it really is.

You can get your $ back less $25 up to a total of $175. It takes a couple months but it's something anyway.

I'm bad at links but you can get started on it here - http://feedback.ebay.com/ws/eBayISAPI.dll?InrCreateDispute

poppie

I still think of grading as a science that has become an art form that is now subject to way too much interpretation. But the definition of MINT is an easy one. Not sure how much is involved, but as a matter of principal I would pursue a refund to the end. Link it!

DeutscherGeist

Jimq112,

That is some sound advice!!! I get all my personal checks back, so I will start preparing. I will also look for a third party, a dealer, that can give his evaluation on the item too. I don't care if it takes months to see my money as long as things go forward.


I did not want to link in the first place as the item in question is not a baseball card. I did not want to go too off topic, but you guys are the only big group of hobbyists I can consult with. This issue could have well been a card as condition matters in vintage toys just as much. Here is the link to the Generation 1 Megatron
Linky
This ebay situation is relevant to any collector doing business on ebay, so this issue can be seen as belonging on this board. I am sure it will help other people learn as well.

The description uses the designation "C9" but nothing about the figure is a "C9." The weapons are described as near mint or better, but I have the items in front of me and the stickers are very worn and even peeling. The scan covers the unsightly stickers on the weapons. He is a bulk dealer that prides himself on being a big seller on transformer items, so he should know better than waving around this "C9" designation so liberally. While the description states stickers on the figure show some wear, it did not state that they are damaged with some type of crust like substance or tape residue. Wear is one thing, damage is another.

Upon recieving the package his note to me stated that if the items are not as expected, that I should contact him as he does make occasional mistakes. That note is worthless if he does not follow through. He is very stubborn.

Here is what the C1-C10 scale means for action figures:
C10: The C10 rating represents perfection and is incredibly rare.
C9: have minimal defects and are excellent collector-quality toys.
C8.5: are in very good condition. However, collectors may shy away from them.
C8: the lowest collector-grade rating, have visible flaws but do not look worn.

by defects, they mean the ones from the factory like overspray with the paint, or other marks caused by quality control oversight. Even a C8 is not allowed to show signs of wear! A C9 is MINT, while a C10 is Gem MINT. You guys understand, its not all different from judging cards.

DeutscherGeist

WinPitcher

Interesting, guy claims in his ebay page that he will refund if items are not described properly and you feel that they were not. I would think he should refund your money. I did not see where he claimed they were mint. I did see where he said near mint.

I hope it works out for you.


Steve

DeutscherGeist

Thanks for the validation Steve. I also feel that if it was any other seller that was decent, they would just give a refund and be done with it. He is not honoring his refund policy.

jimq112

Make sure you keep a copy of his picture before it goes away, just in case you need it later. Does the pic show the damage you're talking about or it is on the bottom side where you can't see it?

DeutscherGeist

Good call Jim. I did save the entire ebay auction onto my computer. However, I think I have to save the picture separately as well. Sometimes I have noticed the picture gone on auctions I have saved from years ago. Thanks for that tip as well. The stickers on the weapons were certainly covered (placed on the bottom side) so no one can see it. I don't know if it was done deliberately or not, it still puts the wool over the customers' eyes either way. The weapons and accessories were described as near mint or better, but they are not with all that peeling and wear on its stickers.

The crust residue on the gun cannot be seen from the picture because the pic is not that sharp. Its not in a place where you can just wipe it off with isopropyl alcohol (it may damage the sticker under it). This is not the condition I expected. A "C9" is collector grade condition without wear. Nothing on the figure is a "C9."

Stone193

<< <i>I think stone might tell me that this is one battle I should let go and just focus on what makes me happy like going out meeting people and spending quality time with friends. >>


DG

Not in this case. I can be a sweet guy until money is involved. Then, if principle dictates, I will spend a lot of time and effort to undo a wrong.

When I bought a bad card from Kane04, it took me a few months but I got back the 71$ I was requesting.

His auction:

item: Toy Condition: c9 with light wear
Sticker Condition: has some wear

Return Policy: If my item arrives not as listed you can return the item with shipping reimbursed at no expense to you.



<< <i>the stickers are very worn and even peeling >>



DG
He can argue condition all day long - what he thinks a C9 is - but you have him on the stickers. There's a big difference between "some" wear and your description that they are "very worn and even peeling!"

That can be the center of your argument.

First, I would save all emails between the two of you.
And, as was said, to contact ebay - did you check out thru paypal?
How much email have you had with the guy?

I recommend staying polite, non-threatening but firm and see how it goes.

Then if you hit a brick wall - tell us - perhaps if we all start emailing him with questions and how we were interested but saw some bad press type thing - this is a last resort since some guys go ballistic.

But, on a side note, when Kane04 got contacted that I mentioned him here - he called me - out of the blue to talk - and BTW, the dispute had been settled - he apologized - I was surprised - he said that someone told him that I was very level headed and was just calling a spade a spade?

So, too bad this isn't cards - since then we would probably have more leverage.
Good luck and let us know how it is going
So, yes, principle trumps the easy going life attitude - on many occasions!
mike

WinPitcher

..............and if that does not work sic pandrews on him.


Steve

Lothar52

Transformers are worth something?? I have that megatron in a perfect box that i never played with at all....wonder how much its worth....it would prolly be C10 since i was anal about my toys as a kid..... i also have a optimus prime but i wrote my name on the box....lol..it was 3rd grade what do you expect. I didnt write my name on the box for the megatron though.

loth

DeutscherGeist

Loth,

your megatron might be worth at least a few hundred dollars. If the box is factory sealed, then it can go much higher. The Optimus you have is worth at least $120 just on the figure and accessories alone even without a box, but I image it is perfect so it can easily go for more. Loose figures are the norm since factory sealed boxes are so rare, you hardly see them. Search on ebay and you will see. Perhaps you should keep them because they represent your childhood and the kind of kid you were for keeping it so well. I still have my factory sealed GI JOE Crimson Guard Twins that I bought as a kid and never opened (I bought two boxes--one to open, one to keep). I cannot part with it even though it is worth some good coin.

DeutscherGeist

Stone,

We have known eachother on the boards for some time and I really do value your input! I am going to pursue this. I already exchanged enough email with the seller that I think I will go through ebay right now like you and Jim mentioned. The seller is adamant about not issuing a refund as stated in his last email. I was always professional. He seemed to have taken this whole thing personally, but I even apologized to him if it came accross that way. I just want a refund and nothing else.

I think I better get a paypal account for now on, since that would have made things easier (I assume one can now dispute an item not as described and not just item not received). However, ebay does provide an avenue to pursue a dispute as well, which I am going to use. I saved all emails and such between us.

The last resort thing you talked about. I know how some people can go ballistic on that, but sometimes it was necessary for certain ebay sellers. I like how we dog pile on some of these dubious sellers and then see all their auctions pulled. We are not there yet in this situation. I have not hit a brick wall yet. I puts me at ease to know I am getting support here. Thank you.


Andre

DeutscherGeist

I like pandrews! Nice input Steve

DeutscherGeist

Bad news...

I cannot file with ebay's protection plan because the time expired. They trace the time to the closing of the auction. 60 days passed. I tried to file, but the system did not let me. I messed up on the timing, regretfully.

I spent too much time reasoning with this seller.

What else can I do? Is there some way I can file with ebay that this seller is not honoring his refund policy. What is the link for that action. I cannot let this and must keep trying. Thanks to all for helping out so far.

jimq112

I think you're stuck. After 60 days ebay doesn't do anything on most problems. Maybe put the stuff back on ebay if it's something you just don't want, get most of your money back and take it as a cheap lesson? Put in your auction a pretty good description of what happened, and put that in all your auctions. Send the guy a link.

A guy local to me got screwed like that, he made a second account and used buy it now in the middle of the night on over 40 cars the guy had for sale. With cars the fees are a lot higher. His 40+ negatives ruined the guy, it was before ebay would remove them.

It's not worth small claims court or anything over $90. Just sell it and take the loss.

DeutscherGeist

Thank you Jim, for all your input!

I am mad at myself that the deadline was missed by just a few days. Ebay did mention one can report the seller for not honoring his refund policy and a special note would be attached to his auctions or screen name. I guess I have to do at least that. I was wondering what link to follow if that's what I wanted to do.


As far as small claims goes, I would not know how to do that. I live in California. He lives in Iowa. It would be interesting to know about interstate law suits though.

You mentioned I could recoup some of my losses by selling everything I bought from this guy on ebay. That's a good idea. I will have fun writing a detailed description on the auction as to why I am selling this, but by the time I put this up on auction, I think the ebay auction site I bought from will be gone. Is it a good idea to mention the ebay ID of the seller on my auction description or will that be a violation. I am only going to be stating facts.