Problems with alien warrior...file a claim?

[liquidbings]

Hello,

I am new to post around here but have been lurking the forums for a bit enjoying stories, pictures and collections.

I recently made an ebay purchase of a Alien warrior statue for what I was hoping was a good deal.

I just received the item today and am kind of shocked at the quality of this statue.

It seems the pin foot was not made correctly, or something along the lines of that. Which causes the tail to not sit correctly in its socket and the other foot to sit rather high and unbalanced off the base.

To top it off quite a bit of the painting and a couple pieces of the casting are a bit low quality as well. One of the hands is almost unpainted as well as quite a bit of paint ringed around the body figures at the bottom. Some of the general coloring seems a bit dull/off on various parts of the main statue as well.

https://www.flickr.com/photos/34048613@N05/

I have a few other Sideshow pieces that I absolutely love and hold claim to much better standards. Venom, Abomination, etc.

1 other thing I would like to note is I am used to seeing Sideshow Collectibles on the Styrofoam that surrounds the figure. I did not see that on this box. It did come with both boxes, which to me look legit.

Am I crazy or is there something wrong with this piece?

The seller sold it as Brand new in box, and when I complained about the quality and asked if it was a recent purchase or had a receipt they told me they won it in a contest.

I am being told no Returns/refunds from the seller but have told them I plan on opening a claim.

What do you guys think? Am I wrong to file a claim? Does this piece look Defective/Damaged? No chance these things were recast is there?

https://www.flickr.com/photos/34048613@N05/

 

[Sabres21768]

Is your piece numbered?

And, can you please post a link to the auction.

 

[OCP]

That is a Fewture statue, re-released by Sideshow. It doesn't surprise me that quality is lacking. Sideshow may not have been involved much with it's production, if at all.

 

[liquidbings]

https://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=180451262329&ssPageName=STRK:MEWNX:IT

Here is a link to the ebay auction.

The piece is numbered and it matches the number on the outer shipping box.

It just amazes me how low quality this one is. I mean it doesn't even fit into the base correctly?

Thanks for input guys. The seller is pretty adamant about not giving me a refund, but I don't see what else I can do as I simply cannot display this with the rest of my collection :/

 

[OCP]

Am I crazy or is there something wrong with this piece?

The seller sold it as Brand new in box, and when I complained about the quality and asked if it was a recent purchase or had a receipt they told me they won it in a contest.

I am being told no Returns/refunds from the seller but have told them I plan on opening a claim.

What do you guys think? Am I wrong to file a claim? Does this piece look Defective/Damaged? No chance these things were recast is there?

If it was sealed, you shouldn't file a claim. These flaws don't appear to be the seller's fault. And it's not a recast, unless Sideshow can be considered a recaster.

 

[liquidbings]

So basically I am stuck with this awful looking defect of a product as sideshow does not deal with products bought from non direct purchases?

 

[OCP]

So basically I am stuck with this awful looking defect of a product as sideshow does not deal with products bought from non direct purchases?

You can file a claim and see where it goes. It's not what I would do personally though. Because from what I can tell, you received what the auction says. You make the call.

 

[Grosby]

If it was sealed, you shouldn't file a claim. These flaws don't appear to be the seller's fault.

I don't think that's right. There could've been a large rock in that box and certainly if that was the case you'd file a claim. The seller claiming that it's unopened shouldn't be taken as the end of it. It's not like a lucky dip if unopened, with everything up in the air. There are certain things that go with calling something 'new.' I'd think of it as like buying a DVD player. If you buy one on eBay from a similar seller - just a regular person getting rid of an unwanted gift - and you open it and find it not working, you don't just go, 'Oh well, that's that...' It's probably not the seller's fault that the DVD player is broken but still you're right to complain there.

I also think it's pretty odd to sell something like this without opening it. It's a statue and so for all he knew it could've been broken, you expect that sort of thing, and so it seems kind of odd to me. For your side though, I think you probably should've asked to see the actual statue.

I think if you're really unhappy you should just file a claim, there's no harm in it, it seems to me. If you don't you'll probably forever wonder about what could've been, whether you really did have to accept it as is... After you file the claim it's in PayPal's hands and they say yes or no, which seems like a fair enough way to let it go. I'd leave it at whatever judgment they make.

 

[raider]

open a claim with paypal, you will get hit with return postage but at least you dont have to keep it.

 

[Mesa]

In my opinion, if you buy an item factory sealed, it's your risk/responsibility if it is damaged upon receipt, if damage was not caused by mishandling during shipping. It's certainly not the seller's fault here. As a buyer, I always request that the seller open and inspect the item, and then reseal it (reapplying tape to keep styrofoam closed in transit).

I don't know why people want items "factory sealed" when we all know things like this can and do often happen.

And who the hell would by a DVD off Ebay? Electronic purchases should be strictly limited to B/M stores or Amazon where a warranty is implied.

I would try working with the seller, take pics of the problems, and see if he will work with you at all. Are you sure it was factory sealed? He didn't just try and pass the problems on to you, did he? If sealed, maybe a partial refund is in order.



Edit: from you Flickr pics, I can't see what the problem is. Sounds like buyer's remorse IMO, again, not the seller's fault.

 

[liquidbings]

Edit: from you Flickr pics, I can't see what the problem is. Sounds like buyer's remorse IMO, again, not the seller's fault.

I tried to take as good of pictures as I could but I will take more today, it it doesn't sit into the base correctly! The tail in nearly a 1/2" separation from the body to the base. and the other foot that is suppose to be nearly flush with the base is also nearly 1/2" off the base. The separation is clear and completely ruins the look and solidity of this piece.

I merely see the hand and other paint flaws as a side note and would accept that as a flaw if it were the only thing wrong.

I have made several contacts with the seller, they have even gone as far as suggesting: "I did insure this with the post office for $100...if you were to think the POST OFFICE damaged this item you could make an insurance claim on it. Just throwing that out there."

Not only is that wrong and possibly illegal, but how could he have insured it for $100 if there is no receipt for the item? You need a reciept and or proof of purchase to be able to file any sort of claim like that.

Not only that but they have been quite rude towards me when I have been nothing short of trying to be professional.

I agree with Grosby, factory sealed does not imply that its simply aright to sell a defective item. I am under the impression that is Ebay policy as well from everything I have gathered in the last night as well. I mean if you bought a shirt and it was factory sealed, and you open it to find the arm hole is in the wrong spot would you keep it? I told the seller they should have inspected it upon receiving the item as I did. I simply refuse to pay over $100 for a defective item.

Thank you everyone for all the help. Glad to finally be a posting member of the forums and I wish I had a better topic to start myself off here. I will snag a few pics of some of my other pieces later today and try and get them up. I am currently building a display case for the collection.

 

[dr_teng]

Of course it's Ebay policy, because Ebay heavily favours the buyer and doesn't care about the sellers. If you had an issue with them not inspecting it, you should have emailed them prior to the auction being over, since you apparently knew his terms and conditions.

I'd personally suggest contacting Sideshow prior to going the Ebay route. Since yes, you will likely get your money back, but you'll be screwing the seller on the deal.

 

[liquidbings]

May I ask how I am screwing the seller? If I sold a defective item I would accept the fact that I would need to give a refund. If this is the case then somebody gets screwed no matter what, and I would have to say in the case of defective items I am going to have to side with Ebay. The seller has already informed me that they won this in a contest supposedly, so I see no way this is screwing the seller as they did not pay anything for the item to begin with.

And yes I knew his terms and conditions but I also know Ebay policy. If I know this policy the seller should know it as well and they were the one taking the chance in my opinion.

 

[OCP]

I told the seller they should have inspected it upon receiving the item as I did.

I disagree. Factory sealed statues probably get more bids than opened ones. I would have asked the seller to inspect it before sending it if I was really picky about quality or waited for another auction.

 

[EVILFACE]

Agree with everyone else. He is not responsible for it since he sold it as a factory sealed and you purchased it as a factory sealed.

You should have asked for inspection before you bid, if he refused to open it before a sale, you should have moved along.

 

[liquidbings]

I disagree. Factory sealed statues probably get more bids than opened ones. I would have asked the seller to inspect it before sending it if I was really picky about quality or waited for another auction.

Ok, but I am not talking about being picky about quality, I am talking about buying a defective item. No one should have to spend their hard earned money and be forced to keep a defective item. I dont ask anyone else to open their products they claim to be new sealed in package, but I would still expect a refund if it does not work when I receive it. Why should a collectible statue be any different? Its simply not what I paid for.

I appreciate the reply's and I have opened a case.

 

[EVILFACE]

Returns: No Returns Accepted

Should have clued you in that IF there was a issue, the seller was not taking returns, you should have moved along.

 

[galactiboy]

Have to agree with EvilFace here... you bought and opened a sealed item. Once you opened it you essentially devalued the item.

Its not the sellers fault the factory messed up, nor is it his responsibility that it is damaged. You should have asked for it to be opened, or moved along.

The second issue is that if he won the item; Sideshow will not replace it. If its a win you are stuck with the item no matter the condition.

BTW, have you attempted to fix the problems with the feet fitting into the base? I know some of these can get warped and a bit of heat (hot water, or a hair dryer) can give you some pliability it getting the foot to fit in place and fix all the other issues.

 

[Superman]

May I ask how I am screwing the seller? If I sold a defective item I would accept the fact that I would need to give a refund. If this is the case then somebody gets screwed no matter what, and I would have to say in the case of defective items I am going to have to side with Ebay. The seller has already informed me that they won this in a contest supposedly, so I see no way this is screwing the seller as they did not pay anything for the item to begin with.

And yes I knew his terms and conditions but I also know Ebay policy. If I know this policy the seller should know it as well and they were the one taking the chance in my opinion.

You agreed to the sellers terms and conditions. He sold you an item new and sealed in the box. You should have e-mailed him prior to the auction ending asking him to open the box and inspect it. I always ask them to take a picture of the item and if it is in the box sealed and I win the item, I ask them to open the box and inspect the package. Since usually they are the original purchasers from sideshow, they can send it back to them and get a replacement if something is broken inside. You on the other hand cannot since you are not the original purchaser.

Next time, before you bid on something, ask the seller to take a picture of the sealed box if he/she claims it is new and sealed. If they refuse to do that, then don't deal with that seller. If the seller says he/she inspected the package in the description but has it listed as new, that is also legal according to e-bay, however ask them for pictures to send to your e-mail and always ask for the product number if it is a limited edition item. Once you buy an item, e-bay cannot guess whether or not the seller is sending you a rock, or you replace the item they sent you with a rock and make a claim... It is unfortunate but the only way e-bay could get around this type of thing would be for them to be the ones receiving the packages and they themselves inspect the items and take pictures before shipping them out to you. This will never happen so you are stuck with paypal claims and the post office claim route.

 

[Chargersfan57]

I agree that it is not the sellers fault. I'm always careful when I buy from someone on the bay. I always read everything on a sellers listing, and if there is something about it that bugs me, I move on.

Case in point: Sealed item and no returns

I'll reiterate what a lot of people are saying: At that point I would ask the seller to open it for inspection, and if he wouldn't, it's time for me to look elsewhere.

Yeah it sucks to get a defective product, but there's not much that I think you can do,...or should I say should do.

I'm sorry I come off negative considering you're new to the forum, but I think it should come off as a lesson learned.