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#1
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Just file with ebay and you should win because the item was not as described.
If by chance you lose then neg him and leave 1 star for sure to warn the next buyer. |
#2
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I filed a complaint and put the below in where it asked for a description of the seller's and my communications. I didn't notice a place where it actually asked for my specific complaint, so I tried to make it clear in that part. If there are any key phrases that I need to bring up, please let me know. Otherwise, thanks to everyone for helping we with this.
"I asked the seller to refund the auction price of the card (with me picking up both shipping fees) due to the fact that the card delivered is graded PSA-6 (OC) while the card described in the title and the text of the listing is described as a PSA-6. The card pictured in the listing is the card delivered and does indeed show the (OC) qualifier. That (OC) qualifier makes the card worth roughly 50% less than if the card was actually a PSA-6. I offered to eat the shipping costs as an incentive for him to accept the return, in spite of the fact that the only reason not to mention the (OC) is to hope that someone in a rush, like me, would not inspect the picture closely to verify that it matched the title and description. That is exactly what happened. The seller responded initally that he would speak with eBay customer service. In a second communication this morning, he explained that he has done nothing wrong, eBay says he has done nothing wrong, eBay says I won't be allowed to leave negative feedback and that he is not accepting the return. I responded that I would be initiating this complaint based on him making a conflicting listing and him delivering an item substantially different from that described in the listing. For the record, since a protracted official proceeding was what I was hoping to avoid by offering to pick up the shipping, I am no longer interested in offering that and wish to be reimbursed for all costs to me. Also, my complaint is not necessarily limited to the 2 issues communicated to him, but those were the only 2 that I mentioned in my message. All communications have been done through eBay, so you can see the entire history there." And now, back to our regularly scheduled programming... |
#3
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Buyer has a little remorse and seller should oblige since he was misleading in his description. Book 'em, Danno! -Lovely Day... Of course, you would have ZERO recourse if this happened to you with an auction house. |
#4
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I think the fact that the seller says he talked to eBay and the advice he got from them puts him in the clear, is flat out deceptive as well.
Ask him who he talked to. I'm sure after your e-mail, the first thing he did was contact eBay. Ebay is designed to side with the buyer. I have had issues where the buyer was clearly wrong, but you bite your lip and do what is right as a seller. You just add to that Blocked Bidder list. You don't make up stories that persuade you not to leave negative feedback (Oh I would have already) and it speaks volumes about this seller. You are correct (even though you should have seen the scan as other potential buyers probably saw), but anyways, him not making mention of OC is incorrect on his part. Good luck. DanC
__________________
An ignorant person is one who doesn't know what you have just found out---Will Rogers |
#5
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Can you post a pic of the card? I'm curious to see how "OC" it is.
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#6
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He gave us a link in post #16.
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Jim Van Brunt |
#7
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how could you not see that that card is off center, if it was a psa 6 that would be ok? did you look at that card? or do you buy the holder? if there was no pic shame on the seller, but with the picture provided shame on you. i do not think that the item was described is significantly different....it's the item pictured,and thats what you got.
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#8
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I hate to point out the obvious, but isn't the photo part of the description?
Granted, the seller is acting a bit shady and a refund should have been given when asked for, but "significantly not as described" seems a bit of a stretch for me. That said, do what you have to do to get your money back. I would hope you would voluntarily send the card back after Paypal refunds your purchase however. Maybe I'm just a bit peeved after having a couple photos returned a few weeks ago. Guy called me up and said, these weren't what I was expecting. "Did you look at the nice big photos I provided in the auction description?". "No" he said. "Ok, send them back and I'll refund you" I said, along with a polite request to take a good look at the pictures next time you bid. Last edited by D. Bergin; 04-07-2010 at 03:20 PM. |
#9
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To me, tho the seller was being a bit "shifty" the entire description includes photos, so you should look at everything, description and photos, and not take the "written word" only. Obviously, you rushed, and were excited about maybe getting a good deal. I guess its a lesson learned.
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#10
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I can't even imagine a scenario where I would just bid on an ebay auction without looking closely at the picture. The guy should have listed the card as OC, but it's so obvious that I don't see what your complaint is here.
__________________
Looking for Nebraska Indians memorabilia, photos and postcards |
#11
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That was my point in my post. You can clearly see that the picture is off center. I guess the seller should have just provided a picture and said "this is the card you are receiving" and leave it at that.
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