Need advice on an ebay transaction

[PDorr3]

I need help ASAP. I know this is a long post, but I really need the advice, if you could please read through this and help me out it would be greatly appreciated.

I won this auction on ebay:
http://cgi.ebay.com/ws/eB...STRK%3AMEWA%3AIT&rd=1

Notice how the games are described as mint, well when they got here they were no way mint. I asked the seller to refund me $40 or else I will leave a negative, he declined and said he will not refund and that this is the shipping companies fault. I filed a complaint to paypal, and my complaint was the following:

Items were listed as mint but when they were received they were torn, ripped, crushed, dented, covered in tape, pieces cut and removed, marker ink, scratched software, missing software, and unoriginal photocopied documents. Nowhere in the auction did it state ANY of these defects, and according to the dictionary a mint item is "new" and "undamaged" which these items obviously are not "new and undamaged". Here are a few pictures I took as examples: http://img.photobucket.co.../v633/PDorr3/DSCF0645.jpg http://img.photobucket.co.../v633/PDorr3/DSCF0643.jpg http://img.photobucket.co.../v633/PDorr3/DSCF0646.jpg (you can clearly see this is covered in stickers and tape as well as being an unoriginal copy) http://img.photobucket.co.../v633/PDorr3/DSCF0647.jpg (this pictures shows an example of how the box was cut and a piece is removed and missing)
If items were sold as mint I expected them to be mint, not in extremely poor condition as I received them. Seller cannot blame this on shipping as it is obvious that these defects were done prior, especialy the scratched software, missing software, unoriginal paperwork, and the taped, torn, cut, boxes. I contacted seller and told him about the condition but he ignored the situation and stated he will not refund. Items won were significantly not as described, the seller clearly misrepresented the items in a way that affected its value and usability.

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I put that I wanted a partial refund of $90, and the seller responded back that he will refund me $40, I have 10 days to decide wether to accept or continue the investigation in hopes of getting the $90, if they find it in the sellers favor I will get no refund.

So here is whereI need your help. Should I accept the $40 and not risk a non-refund if they find it in the sellers favor, or should I continue the investigation in hopes of getting my $90 refund. Do you think the evidence is strong enough to help me win? Looking for people who have had past experiences with stuff like this. Thanks and any advice is appreciated!

[Tynstar]

Can you do both? Get the 40 then do the PayPal/Ebay clain for the 90 then only take 50 of the 90?

[phoenix1967]

At this point you've spent almost $250 on this deal. What would it hurt to continue to pursue the $90 claim?

I'll post again later.

[PDorr3]

Its risky though as paypal might ask me to send the enitre package back and get full refund. I had the intention of selling the 10 doubles I dont need in the auctiuon for $80-90 profit, so its not too bad.

On another forum someone said paypal usualy does not refund partial refund requests.
Package also had insurance.

[Sauza12]

I guess it really depends on how many of the boxes are in that condition.  If it "only" like 10 of the games and the games are not to rare, I would take the $40.  If the majority of the games are in that condition then I would definatley try to hold out for the full 90.

You can tell that he was trying to hide the damage with the way he took the pictures.

[Izret101]

On another forum someone said paypal usualy does not refund partial refund requests.
Package also had insurance.

Ahh i didn't notice that someone said that on hardcore.
Unles you put it on even moer forums.

So you might be better off with just your fourty then.
You could always try the split the difference approach.

Say if he sends you 65 then you won't bother with the investigation so you get to keep the stuff you wanted and he doesn't have to get back all the stuff he didn't want in the first place.

[phoenix1967]

I guess I'm not that familiar with the refund process.

If you're seeking reimbursement of $90 back from the final auction price, the one thing that you have to consider when providing evidence of misleading information is that it MATTERS that the boxes and instructions weren't mint. Because by closely reading the posting, it states "I have 40 Boxed and Mint 3DO Games"; which implies that the games are mint, but he stakes no claim to the quality of the boxes or instructions. He may try to make that a part of his case to ebay.

Proof on your part that the games are not functional and/or that they are not in mint condition (i.e. scratches, markings, missing/damaged software, etc) would help your argument.

[PDorr3]

Good points pheonix, it is worded in a way that he MIGHT be able to screw me, but it is very misleading. Whatever I really dont feel like waiting a month to get an extra $50, I would have been satisfied with a $40 refund from the start but I guess since hes such an a-hole I figured I would raise the stakes on him. I think I will take the 40 and call it a day.

[video_game_addict]

Yeah I would take the $40 too. You came up with this figure on your own before you filed the complaint, and now he's offering to pay it. I'd take it & walk..

One thing I've noticed about ebay, people are always throwing out words, Rare, mint, like-new, even sealed where when you click the link, it's a boxed game with shrinkwrap that's been opened at top.  People are quick to throw around these words, but they are not really accurate to the goods in picture. Sometimes the pictures are too poor to really tell. Like in the 3DO auction, those are very small for the size lot, no real closeups or anything. And a short non-descriptive auction is a major turn off for a lot that size with little bitty pictures. It's one where you almost feel there will be some misunderstandings in the end. And there were.  

I think you have to step back & realize alot of the sellers will throw out words, then not stand behind what they state. So you should use caution. But it is good you have received a reply to your complaint, and hopefully he will give the $40 to you which is some justice, if not a full recoup on the purchase.

[Sensei_Fu]

I bought a huge auction of game systems and games (all boxed) including NES, SNES, XBOX, PS2, N64, PS1 and other stuff.  I did the BIN for $600 and pretty much got a steal because the auction was so big.  

However, he took a long time to ship (tho I paypal'ed within minutes) so I asked for a refund of the shipping.  He agreed.  

I warned him that I"m a collector and to pack it well as broken boxes and stuff were useless to me.  

In short, he packed it all in a very narrow, tall box all stacked up.  Of course more than half of it (the boxes) were crushed.  

I again repeated that I wanted $40 back for shipping and even tho the auction went bad, I would just let it go.  

He renigged.  I claimed to paypal that "the product was not as described" with little detail, but offered supporting pics.  

He then contacted me to tell me he would refund the $40 right away.  I told him that if he did so before paypal ruled, I would cancel the charge back.  

He didn't.  They locked up his checking account because they could only withdraw $450+ dollars from it to refund to me.  

He then demanded that I ship his shit back to him.  I told him as soon as he refunded the rest of my money, plus shipping, I would be happy to send his stuff back.

He never did, and I'm still playing on the XBOX and other stuff.   |D

[Tynstar]

I bought a huge auction of game systems and games (all boxed) including NES, SNES, XBOX, PS2, N64, PS1 and other stuff.  I did the BIN for $600 and pretty much got a steal because the auction was so big.  

However, he took a long time to ship (tho I paypal'ed within minutes) so I asked for a refund of the shipping.  He agreed.  

I warned him that I"m a collector and to pack it well as broken boxes and stuff were useless to me.  

In short, he packed it all in a very narrow, tall box all stacked up.  Of course more than half of it (the boxes) were crushed.  

I again repeated that I wanted $40 back for shipping and even tho the auction went bad, I would just let it go.  

He renigged.  I claimed to paypal that "the product was not as described" with little detail, but offered supporting pics.  

He then contacted me to tell me he would refund the $40 right away.  I told him that if he did so before paypal ruled, I would cancel the charge back.  

He didn't.  They locked up his checking account because they could only withdraw $450+ dollars from it to refund to me.  

He then demanded that I ship his shit back to him.  I told him as soon as he refunded the rest of my money, plus shipping, I would be happy to send his stuff back.

He never did, and I'm still playing on the XBOX and other stuff.   |D

I think you should of sent some of the stuff back because you got 450 back. But that just me.

[phoenix1967]

I think you should of sent some of the stuff back because you got 450 back. But that just me.

Actually Tyn, by keeping the games, Sensei Fu has collateral for a better bargaining position.

Unless ebay rules otherwise, there's no reason to return the games until he pays back in full.

[Tynstar]

Actually Tyn, by keeping the games, Sensei Fu has collateral for a better bargaining position.

Unless ebay rules otherwise, there's no reason to return the games until he pays back in full.

I didnt say return all of them. but he got 450 back. He could of returned SOME stuff. Ebay has nothing to do with it.

[The Metamorphosing Leon]

Do we have any members in California? Get over there and kick that assholes ass! I'd do it but gas is too expensive and that's a long drive.

[Izret101]

I didnt say return all of them. but he got 450 back. He could of returned SOME stuff. Ebay has nothing to do with it.

Nope return nothing.

If people are assholes then they deserve nothing in return for giving you such a hassle. The guy had more than enough time to scrap together 40 bucks if he had 450+ in his bank account it should have really been no trouble.

If the guy had apologized sent Sensei the 40$ and then Sensei had done that i would have flamed him for being an inconsiderate prick.