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  #1  
Old 09-12-2005, 02:36 AM
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Posted By: jay behrens

Read the guy's disclaimers. There is no way I would ever buy anything from this guy.

http://cgi.ebay.com/1932-Sanella-Magarine-Type-II-Babe-Ruth-SGC-Graded-80_W0QQitemZ5241437864QQcategoryZ86847QQrdZ1QQcmdZ ViewItem

Jay

My place is full of valuable, worthless junk.

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  #2  
Old 09-12-2005, 06:05 AM
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Posted By: John

With all that verbage the guy could probably send you a 1990 Fleer Bip Roberts and you would have no case.

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  #3  
Old 09-12-2005, 07:01 AM
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Posted By: joseph

I have bought 3 cards from this seller and all 3 were authentic. Two cards went to PSA and the other was sold but later send to Beckett. I think he is just covering his six.

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  #4  
Old 09-12-2005, 07:14 AM
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Posted By: David Vargha

It looks like somebody burned him in the past. It's a little "over the top", but I didn't see any terms that were meant to be used to screw people.

DavidVargha@hotmail.com

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  #5  
Old 09-12-2005, 08:48 AM
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Posted By: identify7

It appears from previous auctions that the seller has good material. However his policy is more than a little over the top. It is all the way over the top and off the edge. I will not bid on his auctions unless he has one of my few "gotta get" cards.

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  #6  
Old 09-12-2005, 09:00 AM
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Posted By: Anson

Bip Roberts......hahahaha

I've seen that exact disclaimer with a few other sellers. Some are actually selling reprints, which gives them a get-out-of-jail free card per se.

It makes me real nervous.

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  #7  
Old 09-12-2005, 10:57 AM
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Posted By: Lee Behrens

I have 50 "vintage" Bip Roberts rookies if anyone is interested!!!!!!

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  #8  
Old 09-12-2005, 11:04 AM
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Posted By: BlackSoxFan

He's probably a trading assitant or got copy happy and copied the old TOS from auctiondrop.com

Regards,
Black Sox Fan

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  #9  
Old 09-12-2005, 01:36 PM
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Posted By: Chris

Where I think it is a little too much rear covering I think it is just that. Seems like an honest seller. Just doesn't want to get screwed by the dishonest buyer. I would buy from him and feel safe doing so.

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  #10  
Old 09-12-2005, 01:47 PM
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Posted By: jay behrens

honest seller or not, the way the disclaimer is worded, he is not liable for anything. He can offered up a t206 reprint, claim it is vintage, and becuase of his disclaimer, you can't return. I have my doubts that in court it would hold up, but any seller that puts up that type of disclaimer is not someone I want to do business. There is absolutely no recourse for return with his situation unless he ships you a brink instead of a t206.

Jay

My place is full of valuable, worthless junk.

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  #11  
Old 09-12-2005, 03:24 PM
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Posted By: pete

doesnt the ebay policy allow you to return an item that is different than decribed? he states what card you are bidding on, and one would have to assume (without making an a*s out of themselves) that you would get the card described...i think ebay would have a problem if they advertised one card then sent something completely different...just my 2 cents
pete-

my best pitch was the one that made it to the plate!

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  #12  
Old 09-12-2005, 07:54 PM
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Posted By: FYS

Giving the guy the benefit of the doubt, it looks to me that he was burned (made and error) in listing a price guide value for an item. Whoever bought the item, probably tried to back out by stating they overbid because of the quoted book value in the description. The fight resulted in some over the top wording. That is the optomistic side of the coin.

Personally I put a disclaimer in my auction descriptions that insurance is optional and the buyer is resposible for lost or damaged shipments, if insurance is not purchased. Just recently, after many transactions and having 100% positive feedback, a person contacted me that his shipment was not received. I wrote back and pointed out my desciption and asked him what he would would do if he was the seller and the exact circumances existed. No response, as of yet.

In any case, the outcome of my story is not yet known, but going over the top with my next description wording and/or forcing people to buy insurance has crossed my mind.

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  #13  
Old 09-12-2005, 08:27 PM
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Posted By: Charlie O'Neal

I'll probably start an arguement with this statement but it is my firm belief that weither the buyer pays for insurance or not is is the sellers responsibility to make sure that the package arrives to the buyer. I think paypal backs this up to an extent that the seller has to prove that the buyer received the item.

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  #14  
Old 09-12-2005, 08:42 PM
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Posted By: Todd Schultz

But I don't find the terms to be oppressive at all. As someone stated, he cannot send you a completely different item. His language is a bit heavy-handed and a turn-off, but it's clear. I would have no problem bidding on the item, although the shipping is tad high, unless it includes insurance.

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  #15  
Old 09-12-2005, 08:52 PM
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Posted By: BlackSoxFan

Actually charlie, it's the other way around. We actually have a customer right now who is trying to pull the old switcharo on usa with regard to a very rare lighter. All a shipper has to do is provide a receipt for the shipment. Although we have a number of otherways of proving our story.

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  #16  
Old 09-12-2005, 09:28 PM
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Posted By: Charlie O'Neal

Blacksox,

When I was posting I was refering to FYS statement of the buyer saying the item was not received. A receipt for shipment is not enough to get around a case like this. All a receipt does is say that it was shipped. There is no proof that the item was delivered and that is where the buyer can get there money back if they used paypal. The following was taken from their buyer complaint process.

"Seller Responsibilities. If the buyer claims that the item was not received, you must be able to prove that the item was delivered by providing PayPal with an online-tracking number that shows evidence of delivery."

Without some type of delivery conformation weither it be online or hand signed from the post office the seller will loose everytime.

I hope everthing works out with your situation. I wish ebay had a way to identify people that pull those types of scams and suspend the forever. I've had that problem before and it's fairly easy to get them to side with you since they are use to that type of crap. All you have to do is provide a little documentation where the buyer stated that he/she had the item. At least that's what I had to show in my situation.

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  #17  
Old 09-12-2005, 10:01 PM
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Posted By: jay behrens

A seller has no control over what the post office does and connot be held responsible for damage done by the post office. Yes, the seller needs to properly pack an item, but the USPS, UPS, etc will still damage packages no matter how well you pack them. I used to work for DHL. I've seen packages runover buy trucks, forlifts, planes, you name it. No saving a package in those instances.

Jay

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