Problems with alien warrior...file a claim?

[Chargersfan57]

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.

Also, you were never forced to buy from him. He had a sealed product that he was selling and he said as much in his ebay listing.

There was no dishonesty on his part. Normally I would agree to return a defective product, but in this case you will hurt the seller, who was honest and it seems to me that he delivered on that.

In all honesty, I think it was you who took the chance on the product, and therefore you are the one who should bite the bullet.

Sorry,...just saying.

 

[ironwez20]

well my dog alien cant stand up.

 

[liquidbings]

Much much appreciated on everyone's views. I have since retraced my case and have kindly ( as I have been throughout this process) asked the seller to please give at least a partial refund. I still personally feel I should not be stuck with it but if this many people feel so adamantly about this I must be somehow in the wrong.

There is no dishonesty in his part I agree, but none in mine either. I have lost all appreciation for this matter currently.

 

[Grosby]

Heh, you should've stuck with me and my views, you could've had it all!

I guess if that's it, nothing more to be done, you could look into others with the same statue, perhaps it's not such an uncommon problem you have and maybe someone has come up with solution to it all that'll make you a little happier.

 

[liquidbings]

Heh, you should've stuck with me and my views, you could've had it all!

I guess if that's it, nothing more to be done, you could look into others with the same statue, perhaps it's not such an uncommon problem you have and maybe someone has come up with solution to it all that'll make you a little happier.

I still agree with you, but I really don't care for hassles such as this. I'd be just as happy throwing it in the trash right now and being done with it.

 

[dr_teng]

I still agree with you, but I really don't care for hassles such as this. I'd be just as happy throwing it in the trash right now and being done with it.

Why not at least contact Sideshow about it? While they likely can't help you, they have in the past replaced other people's damaged items that weren't bought through them. It's certainly not a guarantee, but it's worth an email. You have more than enough pictures to show the problems associated with it, so that'll help.

 

[Sabres21768]

I'm agreeing with CF here, and by default, everyone who's expressed the same view.

You agreed to the terms when you bid and won. If you wanted to have it inspected before hand, you should have asked.

Filing a claim on this would NOT be the right thing to do. It's not the seller's fault.

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.

well my dog alien cant stand up.

 

[liquidbings]

well my dog alien cant stand up.

I got a good laugh in my rough day with this confusing comment.

Why not at least contact Sideshow about it? While they likely can't help you, they have in the past replaced other people's damaged items that weren't bought through them. It's certainly not a guarantee, but it's worth an email. You have more than enough pictures to show the problems associated with it, so that'll help.

Thanks for the suggestion, I have just emailed them. I do not expect them to do anything but its good to let them know of the defect issue regardless. And if they decide to help it would be quite an amazing bonus.

Thanks everyone for all the comments. It is quite the engaging community Hope to have something to contribute someday.

 

[Mesa]

I would try to do the hairdryer trick. I have had to use it a couple of times for tight fits. Heat it up to gain a small amount of flexibility and see if that helps the fit at all.

 

[Balsquat]

Heh, you should've stuck with me and my views, you could've had it all!

This kind of attitude makes me sick. Please never bid on my auctions. For the record, if anyone buys anything new mint sealed, they are taking the risk, not the seller. You agreed to their terms, end of story. I am not a hurtful or dishonest person, but if liquidbings files a claim and wins, then this is another example of how their is lack of ebay protection for sellers and the system is flawed.

 

[liquidbings]

This kind of attitude makes me sick. Please never bid on my auctions. For the record, if anyone buys anything new mint sealed, they are taking the risk, not the seller. You agreed to their terms, end of story. I am not a hurtful or dishonest person, but if liquidbings files a claim and wins, then this is another example of how their is lack of ebay protection for sellers and the system is flawed.

Thanks for the comment, but,
end of story? If we are talking about agreeing to terms, the seller agreed to Ebay's terms when they signed up to sell things. Maybe the system is flawed but everyone using it signed up and agreed to it.

I would try to do the hairdryer trick. I have had to use it a couple of times for tight fits. Heat it up to gain a small amount of flexibility and see if that helps the fit at all.

Thanks for the tip, but looking at the piece it doesn't appear the even if it were completely soft and pliable that there would be enough materiel to make it up into the socket. It seems the actual body needs to come down about 1/2" or so. maybe if the leg were mailable, but I don't want to try getting into things like that.

On a side note, and as previously stated, I have retracted my claim. Depending on the results from sideshow, I will probably be putting this into storage, or possibly trying my luck at reselling it as defective depending on how I feel about it down the road.

I have moved on and appreciate all the replies.

I cannot wait for the gambit PFF to show some actual pictures. :emperor

 

[Grosby]

This kind of attitude makes me sick. Please never bid on my auctions. For the record, if anyone buys anything new mint sealed, they are taking the risk, not the seller. You agreed to their terms, end of story. I am not a hurtful or dishonest person, but if liquidbings files a claim and wins, then this is another example of how their is lack of ebay protection for sellers and the system is flawed.

I sell a good amount of new items on eBay too and I inspect them if I can but often, with some types of packaging, it's not possible and so on occasion I'm in a similar situation but never in those times do I feel it's acceptable to say to the buyer that's it's too bad, that they should've asked me to rip open the packaging to make sure everything was all fine...

Outside of any eBay policies and whatnot, I feel the seller has a certain moral obligation. I can understand the seller's situation, he can take that stand if he wants, but at the end of the day it seems morally wrong to me for him to say, 'I've received the money and you've received the item. Nothing more to be done.' That's something I couldn't do. I would feel absolutely terrible taking $100-plus from someone and having them be unhappy with what they received because of defects or whatever, particularly if that something cost me absolutely nothing (as seems to be the case with the seller here). It seems wrong that people can just wipe their hands of such things.

I can appreciate the seller's side, he can do what he wants (and I think it's possible eBay would support his stance), but for me it seems like a pretty lame thing to do to another person.

 

[Chargersfan57]

liquidbings,

If you ask the the seller for a partial refund It really is up to him to decide if he wants to give you one. He in no ways owes you anything, it would only be out of him feeling sorry for your situation.

In an essence you got exactly what you paid for. I know that you didn't pay for a broken statue, but you did pay for a new, unopened one. And therein lies the risk.

I would respect him for making a partial refund. But I wouldn't fault him in the slightest either if he decided not to.

Outside of any eBay policies and whatnot, I feel the seller has a certain moral obligation. I can understand the seller's situation, he can take that stand if he wants, but at the end of the day it seems morally wrong to me for him to say, 'I've received the money and you've received the item. Nothing more to be done.' That's something I couldn't do. I would feel absolutely terrible taking $100-plus from someone and having them be unhappy with what they received because of defects or whatever, particularly if that something cost me absolutely nothing (as seems to be the case with the seller here). It seems wrong that people can just wipe their hands of such things.

I can appreciate the seller's side, he can do what he wants (and I think it's possible eBay would support his stance), but for me it seems like a pretty lame thing to do to another person.

Seller has a moral obligation?... LOL,... What ever happened to the BUYERS moral obligation?! The seller sent him EXACTLY what he purchased ( an unopened statue with a side of risk) and now the seller is going to get screwed because the buyer didn't take the necessary precautions.

I happen to think it is as just as morally wrong for the buyer to get exactly what he paid for, then to turn around and demand a return of money...


BTW liquidbings, I'm happy for you that your moving on, sounds like a nightmare. Hopefully SS is willing and able to help you out.

 

[Grosby]

Seller has a moral obligation?... LOL,... What ever happened to the BUYERS moral obligation?! The seller sent him EXACTLY what he purchased ( an unopened statue with a side of risk) and now the seller is going to get screwed because the buyer didn't take the necessary precautions.

Yes, I feel that way... It seems to me a decent way to conduct business. Someone buys from me, gives me money for something I offer, I feel a certain responsibility to make sure they're reasonably happy with what I turn over. If I didn't, I'd personally feel like a cheat for taking their money and I don't think that's any sign of some saintly quality on my part.

For my side, something I sell as new and sealed I would definitely feel responsible for should it turn out to be defective in the package. I'm surprised that the majority posting here say they feel differently, but I'm not going to argue against them, I'm sure they've got their reasons and people can do whatever works for them.

'New-and-sealed' to me does not mean 'mysterious item of unknown quality,' that's where we're differing mainly, I think...

 

[Chargersfan57]

Well, that's a very good way to be, and although it's decent, unfortunately a lot of people wouldn't give the refund.

I don't feel that the seller is obligated to return any money, as he stuck to his ebay listing. It's up to him to go the extra step to say:

"You know what,...even though I followed through on my end of the deal, I'm really sorry that the item you received wasn't in great shape. So here's what I'll do, I split taking the hit with you and give you a partial refund,..."

I'm not arguing moral stand because we simply have no idea how the seller truly feels. Also morality can differ completely from person to person.

And, I don't know about you but in dealing with SS "New and Sealed = Mysterious item of unknown Quality" for me and a lot of others. Although Recently Sideshow's quality control has seemed to improve...for me anyways.

 

[raider]

liquidbings .... just file a claim for the full amout, the seller has sold you a defective item NO MATTER IF IT WAS SEALED, you would not go to a electronics store buy a new SEALED TV , get home and the screens smashed and say Well it was sealed i will have to accept it now ... what a load of ____ .... if you have payed by paypal you are allowed to return defective items for a full refund, it does not not matter what terms he puts in his auctions, if he accepts paypal as payment then hes agreeing to paypals rules . get it done as you are obvisoly not happy with the statue

 

[liquidbings]

And, I don't know about you but in dealing with SS "New and Sealed = Mysterious item of unknown Quality" for me and a lot of others. Although Recently Sideshow's quality control has seemed to improve...for me anyways.

This comment to me stands out as being disturbing. If a business operates like this it sounds more like it needs to be reported to the BBB. That is just simply bad business. A factory sealed item is sold with the intent of being in new working order as shown on the box and described in the its description/specifications (I would expect that to carry over into second hand sales descriptions as well.) Especially items with individual Quality Control seals.

Do you open your box of cereal and expect mysterious items of unknown quality?

If you read the bottom of every sale on ebay it states: Seller assumes all responsibility for this listing.

This sounds an awful lot like the seller taking responsibility for selling defective items they are claiming as new.

That being said, I have not had any other problems with my other sideshow pieces, one of my other Polystone has a sleight imperfection in one spot on the paint but it took me over a week to even notice that. I would hardly call it something to complain about. I absolutly love my Venom and cannot wait for carnage. Also Debating on that new AvP Diorama! It looks simply amazing!

I recently received some woodworking equipment for the holidays and hope to have my own display cases built sooner than later. I will try to get some pictures up of the wip and completed project.

Can I upload pictures here? If not whats the best way to post pics? Photobucket them in? Thanks in advance for any help anyone can provide.

Thanks for everyone's comments and I am sorry my thread had to get me started here on such an awkward foot.

 

[The Ween]

This is the problem with buying something sight unseen. They also used a Sideshow picture. I'd rather they would take the thing out, take a picture of it and use that in their auction. That way at least you can see what you're really getting.

Not sure if filing a claim will work. Good luck!

 

[Chargersfan57]

This comment to me stands out as being disturbing. If a business operates like this it sounds more like it needs to be reported to the BBB. That is just simply bad business. A factory sealed item is sold with the intent of being in new working order as shown on the box and described in the its description/specifications (I would expect that to carry over into second hand sales descriptions as well.) Especially items with individual Quality Control seals.

Completely agree with you. But of the first 4 statues I received from SS, Three of them needed to be returned because of fairly serious flaws. Like I said, I've received some great statues recently, and I don't want this to turn into a bash SS thread but I do know some people are always nervous when they open up a statue for the first time.

Do you open your box of cereal and expect mysterious items of unknown quality?

If you read the bottom of every sale on ebay it states: Seller assumes all responsibility for this listing.

This sounds an awful lot like the seller taking responsibility for selling defective items they are claiming as new.

But that's the thing. He wasn't claiming anything, the statue was new.

I don't know, with the collectibles business, I've learned that new doesn't always mean mint....

But with that being said, I hope he does give you a partial refund. As apart of the collecting community we should all have each others back.

 

[xr6.turbo]

liquidbings .... just file a claim for the full amout, the seller has sold you a defective item NO MATTER IF IT WAS SEALED, you would not go to a electronics store buy a new SEALED TV , get home and the screens smashed and say Well it was sealed i will have to accept it now ... what a load of ____ .... if you have payed by paypal you are allowed to return defective items for a full refund, it does not not matter what terms he puts in his auctions, if he accepts paypal as payment then hes agreeing to paypals rules . get it done as you are obvisoly not happy with the statue

I agree with you on this