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I had to return a "not as described" item and now the seller is contesting the refund

http://www.ebay.com/itm/201603351827



So I purchased the above item a few days ago, and the seller in the description said "disc in great condition" when in fact the disc had scratches/prints all over it, thus I had no choice but to return it. image But now the seller is contesting the refund claiming the "Item came back with cracked and broken jewel case and damaged." I sent the game in a yellow bubble/padded envelope (I think that's how it was sent to me also but I'm not sure) and so far as I know, the seller didn't send any pictorial proof the disc case is indeed cracked, and who's to say it was my fault? image And had the seller not falsely advertised the disc as "in great condition" (scratches/prints all over the bottom is not "great") I wouldn't have needed to send it back in the first place. image



So will I probably prevail or not? And what should I do if I don't?
WISHLIST
D's: 54S,53P,50P,49S,45D+S,44S,43D,41S,40D+S,39D+S,38D+S,37D+S,36S,35D+S,all 16-34's
Q's: 52S,47S,46S,40S,39S,38S,37D+S,36D+S,35D,34D,32D+S
74T: 37,38,47,151,193,241,435,570,610,654,655 97 Finest silver: 115,135,139,145,310
73T:31,55,61,62,63,64,65,66,67,68,80,152,165,189,213,235,237,257,341,344,377,379,390,422,433,453,480,497,545,554,563,580,606,613,630
95 Ultra GM Sets: Golden Prospects,HR Kings,On-Base Leaders,Power Plus,RBI Kings,Rising Stars

Comments

  • I'll say you get a refund. 99% sure of it.
  • DboneesqDboneesq Posts: 18,219 ✭✭
    SNAD and u get your refund.
    STAY HEALTHY!

    Doug

    Liquidating my collection for the 3rd and final time. Time for others to enjoy what I have enjoyed over the last several decades. Money could be put to better use.
  • EstilEstil Posts: 7,085 ✭✭✭✭
    I hope so because I really don't like having to send stuff back. image
    WISHLIST
    D's: 54S,53P,50P,49S,45D+S,44S,43D,41S,40D+S,39D+S,38D+S,37D+S,36S,35D+S,all 16-34's
    Q's: 52S,47S,46S,40S,39S,38S,37D+S,36D+S,35D,34D,32D+S
    74T: 37,38,47,151,193,241,435,570,610,654,655 97 Finest silver: 115,135,139,145,310
    73T:31,55,61,62,63,64,65,66,67,68,80,152,165,189,213,235,237,257,341,344,377,379,390,422,433,453,480,497,545,554,563,580,606,613,630
    95 Ultra GM Sets: Golden Prospects,HR Kings,On-Base Leaders,Power Plus,RBI Kings,Rising Stars
  • MULLINS5MULLINS5 Posts: 4,517 ✭✭✭
    Did you send it back without eBay's approval? If so, you'll lose.
  • EstilEstil Posts: 7,085 ✭✭✭✭
    No I did it exactly the way I was supposed to, Ebay's pre-printed return label and everything.
    WISHLIST
    D's: 54S,53P,50P,49S,45D+S,44S,43D,41S,40D+S,39D+S,38D+S,37D+S,36S,35D+S,all 16-34's
    Q's: 52S,47S,46S,40S,39S,38S,37D+S,36D+S,35D,34D,32D+S
    74T: 37,38,47,151,193,241,435,570,610,654,655 97 Finest silver: 115,135,139,145,310
    73T:31,55,61,62,63,64,65,66,67,68,80,152,165,189,213,235,237,257,341,344,377,379,390,422,433,453,480,497,545,554,563,580,606,613,630
    95 Ultra GM Sets: Golden Prospects,HR Kings,On-Base Leaders,Power Plus,RBI Kings,Rising Stars
  • craig44craig44 Posts: 11,451 ✭✭✭✭✭
    You will get your refund. Snad

    George Brett, Roger Clemens and Tommy Brady.

  • MULLINS5MULLINS5 Posts: 4,517 ✭✭✭
    Yeah, you're good then. You'll definitely get your money back. Castlevania, btw, rocked. I think I was the only person who actually like Simon's Quest.
  • EstilEstil Posts: 7,085 ✭✭✭✭
    Yes I did indeed get refunded...if the game did indeed get the case cracked during shipping maybe the seller can file a claim for it or something? I just hope he wasn't fibbing about that whole case arrived cracked or something image (I did ship the game back as best I knew how)
    WISHLIST
    D's: 54S,53P,50P,49S,45D+S,44S,43D,41S,40D+S,39D+S,38D+S,37D+S,36S,35D+S,all 16-34's
    Q's: 52S,47S,46S,40S,39S,38S,37D+S,36D+S,35D,34D,32D+S
    74T: 37,38,47,151,193,241,435,570,610,654,655 97 Finest silver: 115,135,139,145,310
    73T:31,55,61,62,63,64,65,66,67,68,80,152,165,189,213,235,237,257,341,344,377,379,390,422,433,453,480,497,545,554,563,580,606,613,630
    95 Ultra GM Sets: Golden Prospects,HR Kings,On-Base Leaders,Power Plus,RBI Kings,Rising Stars
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