How should I resond to this ebay seller....

Background... I e-mailed the seller (yesterday) asking for the date when the packs of cards I won where shipped out since I have yet to receive them... I won the auction back on Nov. 3 and paid right away.
Here is the seller’s response "Was sent out November 6th. You should receive soon. Was sent media mail and is packaged in large envelope with bubble wrap so nothing happens to the cards. Let me know Monday if you still haven't received. Sorry for the delay."
Now I'm pissed he sent the packs media mail... last I checked packs of cards are not media mail. Plus he charged me $7.00 to ship (what a shipping scam)!
Here is the seller’s response "Was sent out November 6th. You should receive soon. Was sent media mail and is packaged in large envelope with bubble wrap so nothing happens to the cards. Let me know Monday if you still haven't received. Sorry for the delay."
Now I'm pissed he sent the packs media mail... last I checked packs of cards are not media mail. Plus he charged me $7.00 to ship (what a shipping scam)!

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Did he have the shipping method on his auction at all? If he said he'd use first class or whatever, you DEF have a claim...
I don't like paying $7 to ship but if I do pay I figure the seller could at least be somewhat honest.
Needless to say the seller will never get my business again... I hope he enjoys the few extra bucks!
<< <i>what is media mail??? sorry.. if it is a dumb question... isn't mail , mail?? >>
Books, magazines etc or software, movies, music cds etc...
And no, you can't send cards via media mail and can't be considered standard rate shipping. If one really wanted to get this guy you could call his post office and notify them of his illegal practices.
What I would consider doing is telling him the package was searched and you were forced to pay the difference from Media to Priority due to the items not being media.
I have had to pay that difference before.
Steve
bad seller link
Just emailed him...
You do know that you have violated USPS laws regarding the use of Media Mail. I would like to request at least a $3 refund (more if the packs do not show up) on shipping. Your auction said “Standard Flat Rate Shipping Service”. Media Mail is not Standard Flat Rate Shipping Service! Do you realize media mail can be opened and searched at anytime?
... will see what he comes back with.
Subject to inspection by any postmaster, clerk, or supervisor.
If it's not qualified to be media mail and there's any priority mailing product at all the receiver is charged the upgrade to priority. Otherwise the receiver is charged an upgrade to first class.
At the lower rate media is shipped on an as available rate for space. Right now we're buried with the beginning of the Christmas catalog season.
Media in a large white envelope with bubble wrap inside is almost asking to be checked. Some media mail police type supervisors might let that sit on a desk for a couple weeks until there's room for it just to teach the sender a lesson. Seen it done.
File a not received with paypal or ebay, then neg him like Steve said. But wait till you hear from usps before you ask for a shipping refund, in case they never come.
With such an honest seller at least you're sure to get unsearched packs. I'm sure he didn't open till he got the rookies.
<< <i>. but you want the cards and assuming they arrive in tact I just don't see the big deal at all. Just my opinion. >>
First, he got ripped off on shipping charges. Second, he's going to have to wait a lot longer to receive them. Third, any postal service employee can open the package to inspect it. This increases the chance of theft, lossed, or damaged cards.
<< <i>4th if the package gets opened there is a chance it will arrive postage due. >>
not a chance, a certainty.
My brother won a patch for his 'band' jacket and paid $3 shipping. It arrived in an envelope with one stamp on it. If that happened to me, I'd give hima negative so fast the rating system on eBay would collapse.
"My apologies, when I looked at my records/receipts I noticed that yours was sent by media mail. I also sell cd's & dvd's on amazon and I guess I clicked on media mail as I sell more cd's and dvd's then these packs of cards and I am so used to using that shipping method that I automatically selected your shipping to be that.
NO PROBLEM on the shipping, in fact I will refund your whole shipping cost (6.99) for the mistake. I hope I didn't do that with some of the other customers, well I haven't had any other complaints...yikes
I apologize again!
Please let me know if you still haven't received but if it was opened by the post office I should've already received it back and I haven't."