first time i've been burned by seller on ebay how to handle

i bought photoshop elements 2.0 and premier elements for 60 bucks shipped received the box ... was shrink wrapped... open the box and the CD cases inside have both been opened and there are no CD's here is a link to the auction.


I wrote the guy an email reguarding it and said i either expect my money back or replacment CD's and that iw as willing to send his empty and CD less box back to him. Told him he had 2 days to repsond or i would take it up with pay pal. I payed via credit card... this guy has deliver confirmation so does this mean pay pal will screw me even though the merchandice was abolutly not as described? or will this go under the not as discribed catagory and get approved... I'm not lieing there really wern't any CD's in the box... also if pay pal screws me and i go through my credit card company does that mean pay pal would freeze my account... it all sounds like such a pain. And they guy has 1475 feed back with like 99.7% possitive so i hope it will work out well, but any advice appreciated. tks.

sorry forgot link, here:

http://cgi.ebay.com/ws/eBayISAPI.dl...MEWN:IT&viewitem=&item=110136130044&rd=1&rd=1

if you file item not as described you will win, give him his chance to rectify the situation then file with paypal.

If he doesn't answer, file with Paypal, you'll win, because they side with the buyer on this type of stuff.

But give him the benefit of the doubt, it could have been something out of his control - with 99.7% feedback it's bound to just be a mistake.

I say, yea, give him two days, message him again tomorrow if you don't hear from him.

Somebody could have stolen it from where the guy gets his stuff from... it's really rare, but working in retail, I've seen it happen. I'd be willing to bet someone stole the CD's from him before the seller even had it in his possession, and how would he have known the CD's aren't there if it was sealed and you could still hear the cases inside?

I'd give him a chance to fix it.

I'm of a mind as well that someone probably bought it at a store opened it at home took out cd's shrink wraped it and then returned it to the store and then this guy prob bought it from a bargin bin and got it cheap cuz the box was crushed. But my main concern is that hell I don't know that I would believe me if I were selling something and some one told me the CD's just wern't there. To me the best proof of it is that i would end up bidding on another copy of the softwear if he can't produce it. (new baby finally have some time to edit pics for her scrap book)

I had something similar happen, if Paypal doesn't come through (and they probably will) it's not that big a deal to do a chargeback with your credit card company. That's what I ended up having to do once, and it didn't have any repercussions with Paypal.

[quote name='Roufuss']If he doesn't answer, file with Paypal, you'll win, because they side with the buyer on this type of stuff.[/QUOTE]

Pretty much just echo what everyone else has said.

1) See if he'll help you out. He has great feedback, I wouldn't be shocked if he apologizes for the problem and agrees to a refund. Depends on if he believes you or not I guess.
2) File a PP dispute for item not as described if he doesn't.
3) File a dispute with your credit card company if PP won't help you.

One thing you might want to do is verify how many days you have from the charge to file a dispute with your CC. Many cards give you 90 days I believe, which should be plenty of time for the other options to play out. Just don't let it go past your window without disputing your CC if nobody else is moving on things.

I've also heard some CCs don't allow disputes on paypal chargebacks, but that's sort of a moot point now. They'll either allow it or they won't. Hopefully won't come to it.