Ebay Nightmare III ....??

[nash]

Ok not so much a nightmare, but just wanted your guys' opinions on the matter.

I recently bought a bowen spiderman statue off ebay and the seller listed it as MINT condition.

When I got it, the left eye has some black paint smudging which is very visible especially when contrasted to the right eye which is perfectly bright white. In my opinion this is NOT mint condition and I told the seller I wanted a full refund or partial refund.

The seller responded to me and basically treated me like a newbie because I bought this item from my wife's ebay account which only has 10 feedbacks so far. The seller told me that this is a "hand painted" statue and not a machine painted statue so the black smudging should be lived with...wtf machines paint statues now? lol.

Also he mentions that I could have intentionally smudged the paint because of buyer's remorse. LOL!! This guy obviously wants to play hardball if he has the nerve to blame the smudging on me. First he says that all he sees is a perfectly mint hand painted statue with no defects, and then he says maybe I smudged it on purpose out of buyer's remorse. wtf!? This guy is fully aware of the condition of this statue when he shipped it to me, just didnt bother mentioning it in the auction because he figures he can get away with anything by saying that it is hand painted and will obviously not be 100% perfect. BS.

He did say that I could pay to ship the statue back to him and he would refund me minus ebay fees, paypal fees, and his shipping fees. For me this is unacceptable, i should not have to pay for this guy's stupidity in listing his auction as MINT.

So my question is, should I file a paypal complaint or go straight to American Express and file through them? Ive never filed a paypal complaint but I have filed multiple complaints with my AMEX however all of those times I was unable to file through paypal because the transactions were more than 45 days old, and they have come through every time. What do you guys think?


you be the judge, acceptable for paying about $250 shipped for this?

 

[Malice]

It really depends if you really like the piece and want to keep it? can it be fixed? i would contact him one more time and tell him; why do you have to pay for all that if it was his fault from the get go? but i would fill a complaint with paypal.

 

[nash]

It really depends if you really like the piece and want to keep it? can it be fixed? i would contact him one more time and tell him; why do you have to pay for all that if it was his fault from the get go? but i would fill a complaint with paypal.

I love the piece, but Im in no rush to own it. I can easily get these on ebay probably for less than what I bought it for from this guy.


He's saying it isnt his fault, it is "hand painted" so there are bound to be problems in the paint. this guy is seriously getting on my nerves, we've exchanged a few emails back and forth within the last hour. I just want all of my money back at this point, the statue is horrible to look at since it is his eye that has the problems. If it were anywhere else maybe i could live with it. I asked my wife if she could see anything wrong with the statue, without her knowing the problem and she immediately told me the left eye is weird. IMO she is my best indication that this looks like crap because she could care less about these things.

 

[Malice]

damn bud then there's only one thing to do. fill a complaint thru paypal and evilbay that way he see's you mean business. it's his fault he did'nt mention that the paint was all jacked up. good luck..........

 

[creecher]

damn bud then there's only one thing to do. fill a complaint thru paypal and evilbay that way he see's you mean business. it's his fault he did'nt mention that the paint was all jacked up. good luck..........

Yeah, I think ebay suspends or closes peoples accounts if you don't file through ebay/paypal first. Then if you don't get satisfaction, hit your credit provider.

 

[Malice]

Yeah, I think ebay suspends or closes peoples accounts if you don't file through ebay/paypal first. Then if you don't get satisfaction, hit your credit provider.

 

[nash]

Yeah, I think ebay suspends or closes peoples accounts if you don't file through ebay/paypal first. Then if you don't get satisfaction, hit your credit provider.

Thanks creech that is good to know. I truly didnt know that.

But if I file a paypal complaint first and they rule in the sellers favor. Will that disqualify me from getting my money back from filing through my credit card company? From my understanding the CC company acts as the middle man telling paypal that they want a chargeback etc.

 

[creecher]

You'll have to check ebay policy, because I've never had these problems so I can't be sure, but I think his terms may go against theirs. Seems to me like he is expecting too much from you in terms of paying for his fees and charges. The shipping back may be a different story. As I said, not sure of ebays policies in that regard.

 

[Malice]

i think you file thru ebay first and then thru paypal....

 

[nash]

dvd, i went straight to paypals resolution center and filed a dispute asking him for a full refund. if he declines, i will promptly escalate the dispute into a "claim" in which paypal will step in and decide the outcome for us.

 

[Malice]

good luck man..............keep us posted.

 

[nash]

thanks bro!

 

[tylerd]

what is the seller's return policy? if he didn't offer one and you want a refund, you can ask him. if he says no, you can file a dispute with paypal. they will then act as a mediator. if still no satisfaction, you can escalate the dispute to a claim, but then you must abide by paypal's decision, like judge judy. i recently phoned paypal to ask if they would close your account if you had a dispute and went directly to your credit card company first, and they said no, your account would not be closed. i always thought differently.

if it were me and i wanted to keep the statue, but felt i didn't get what i paid for, i would ask for a partial refund. name the exact dollar amount you feel comfortable with. if it's a $200 statue, i'd ask for $30. that's 15%. good luck.

 

[nash]

yeah tyler, i gave him the option in my first email to him for either partial or full refund. he told me multiple times since then he would refund me minus his ebay fees, paypal fees, and shipping fees. so that is out of the question for me.

 

[FQRizzo]

I hate situations like this. When I get something that is flawed, it usually isn't something big. But with my extreme OCD, it is all I see. Then you get into the situation of trying to return something with a flaw only you can see.

It sucks being picky, but I'm right there with you, man. Good luck!

 

[Deadly Dagger]

I can see what you are talking about...the paint app is different on one eye compared to the other...did this show on his auction in the pics or did he just show retailer pics? ...again this is just me...why go through more hassles when its an easy fix?

 

[Voorhees27]

Nash, this is the way I see it, you've gone as far as contacting him and asking for a resolution in an appropriate way. He's clearly false advertised it and has declined you a resolution. Simply file the claim, you're right he does want to play hardball, so play back.

Paypal first then Ebay shortly after, he will respond but in this case Paypal will side with you, I promise. The thing that may sucks though is Paypal may have you ship it back to him (you pay to ship) and recieve a full refund.

Good luck!

 

[Adoptedscot]

Nash, this is the way I see it, you've gone as far as contacting him and asking for a resolution in an appropriate way. He's clearly false advertised it and has declined you a resolution. Simply file the claim, you're right he does want to play hardball, so play back.

Paypal first then Ebay shortly after, he will respond but in this case Paypal will side with you, I promise. The thing that may sucks though is Paypal may have you ship it back to him (you pay to ship) and recieve a full refund.

Good luck!

Absolutely agree with this.
If your not happy with the item as its not 'as described' ie, mint, then file a claim pal. You have every right. The guy asking you to pay his paypal/ebay fees etc is just him being difficult.

Raise the complaint and then escalate it to a claim, you may lose the shipping fees you paid unfortunately but get them involved asap and get your money back.

Hope it all works out pal
x

 

[JustinLuck]

Is the eye missing white like a paint rub, or it there dirt on it? Did you try wiping it with a wet cloth? This is why, when I sell something, I take high resolution pics of the actual product so the buyer knows what they are getting.

 

[Kabukiman]

This is something I worry about any time I sell a collectible. I'm really not as picky as some people, so "near-mint" to me might just be "good" to you. Because of this, I always point out every imperfection no matter how insignificant I may find it to be when I sell. It's up to the buyer to decide if it's acceptable to them or not.

Then, after the auction is complete, I examine the item one more time before I box it to make double-sure I didn't miss anything the first time. If I did miss something, I give the buyer a chance to back out before it ships.

I may lose a few bucks by listing all the imperfections, and all this might seem like a hassle to some but I look at it like this: What's the bigger hassle? I'd rather do that than face the potential of bad feedback, ebay fees, and the loss of shipping costs X2... not to mention the e-mail drama.