I have a problem... not sure what to do.

G

galeon

CAGiversary!
Alright yesterday I recieved a 360 that I bought on ebay. First of all here's the auction:http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=230260695539&ssPageName=STRK:MEWN:IT&ih=013 Now I expected to receive a pro system with the HDMI port in the back. Instead I got a normal Premium system. Now that's one problem, another thing is that the DVD drive didn't work on the system that I bought and also the Headset doesn't work either. When I first opened it, I tried it out, and emailed him asking for a refund. Next day I called Microsoft, found out I still have a warrenty. So I'll just send it in. Now that might fix my problem with the Dvd drive, It wont fix the HDMI problem. So I figured I'll ask him for a partal refund of $40. Now is this the right thing to do? I figure I could've gotten an xbox for alot cheaper if I was looking for the system without HDMI, but I wasn't looking for that. I specifically wanted the one with HDMI. Also I'll have to buy another headset. I know ebay has a procedure for this, but the thing is, I have to wait 10 days for some reason. (Wtf?) If he continues to ignore me, I'll contact ebay about it, and I'm 99% sure they'll side with me. What do you guys think?
thanks ;)
 
1) The auction explicitly states that the system being sold is a premium edition, not the pro edition. Yet the description states HDMI as being a feature. That should've been a red flag.

You need to read the details more carefully.

2) Why did you send it to Microsoft? If you haven't yet, don't. It is not worth the time, yet.

3) Eleborating on point 3, if any of the items mentioned are broken, then that should be stated to the seller and the point should be addressed. You should recieve a full refund in return of the item since it does not match the description the seller put out. If he refuses, put the issue in Paypal's hands since they ALWAYS side with the buyer (unless you make your case like a dumbass, which even then you would probably still stand a chance but I digress).

4) Even though he says no returns, Paypal gives a shit less, which they do have the legal standings because of TOS agreements between sellers and the services provided thereof, and they will have collections after him if he doesn't cough up. So go on and press the issue.

The contradictions in the descrption, the low price, among other issues in the auctions are all red flags. You really should have been more careful but with the right planning, you can get your money back.
 
You should get what you pay for. Now this might be splitting hairs and it certainly doesn't justify you getting a broken system but the listing just says it was a premium system for sale and that it includes a "HDMI CABLE". He doesn't say it has the HDMI port.

In any event I think your request for a refund of $40 is more than fair. I hope you're able to get this situation resolved and that the seller isn't an ass.

EDIT: Looks like the previous poster beat me to the punch...:roll:
 
I would do both routes. Get the system to Microsoft to get a new one and rip this guy a new one via Ebay/Paypal.
 
Seller includes a pic of a Pro system box. It's deceptive advertising. If he doesn't respond, file a complaint with paypal and ebay and get the jackass suspended for doing this and selling items that aren't in working order. Claiming that he's selling something as-is but clearly not stating what "is" actually is, is also deceptive. It also wouldn't surprise me to find out something else is wrong with the system.
 
Yea, well I got a pro box, but not a pro system. HDMI cable doesn't come.... :/ Anyway thanks for the input. I already called Microsoft and set up an order before I made this post. But I didn't ship it to them yet. The Seller didn't respond to me yet and I'd really just like to keep the system instead of shipping it back( unless I don't have to pay the shipping fees.) If I requested a refund with paypal, would paypal refund me the whole thing $230 or just the $200? Also elaborating on the $40 dollar issue... Since the seller keeps ignoring me, can I get paypal to do this instead of refunding the whole thing? I have about 3 choices and I want to see which path is the best. Last question, I should recieve a package to ship to microsoft in a couple of days.. I can just cancel it even if I got the box right?
 
The seller is ignoring you in hopes that you stop pestering him... file the complaint with PayPal.

If I'm not mistaken, you'll get the full amount you paid back (including shipping) but you'll have to eat shipping costs to return the item.
 
Well his descriptions may be a little lacking and he seems to be really shady but the description does state that it is sold as-is which usually means is could definetely be broken, and the hdmi case said it was a cable not the output. He could actually have a good defense against you even though the way he wrote his auctions are extremely hard to make sure whats there and whats not and what works too.
 
[quote name='chunkay']Well his descriptions may be a little lacking and he seems to be really shady but the description does state that it is sold as-is which usually means is could definetely be broken, and the hdmi case said it was a cable not the output. He could actually have a good defense against you even though the way he wrote his auctions are extremely hard to make sure whats there and whats not and what works too.[/quote]

Yeah he says "as is" but he also uses the word "working". If it's not working to begin with, the "as is" does not apply.
 
You could also argue that he failed to mention the item didn't work. Sellers are required to know buyers important details about the functionality of an item so if it doesn't work right for any reason, he should have noted it.
 
Well yeah, Like I said, Ebay Makes me wait 10 days from the bought date so I can't file the claim yet. look here. I don't get that policy at all. About the HDMI, the cable didn't come. I figure I'll just request a whole refund. Thanks for your help, all of you. Hopefully I can get my money back. If you know a way to get my refund right now. Would you care to explain?
 
What is different from the Pro and Premium systems? I thought both were the mid level system now.

Also to get back on topic like someone else said it has the HDMI cable not the port. Could be because I'm half asleep but I see nothing saying that the accesories will be working. Only thing they say that works is the 360.

I only see you being able to get your money back if you can show that you got a pro and not a premium system. The auction is refering to the premium system but the pic is of a box for the pro so it is some what questionable. So if you got the premium system and hdmi cable and the system works I dont see how you would be able to get your money back. However is the system does not work, you can show it is not a premium or that you did not get the hdmi cable you should be able to get your money back.

EDIT: Seeing how the cable did not come I can see you geting some money back but not all.
 
[quote name='RandyTsai']i live 20 min away from him. just give me his address and if im around the area ill blow up his house for ya[/quote]

lol :applause:
 
The only difference is the HDMI port and maybe quieter DVD drive. But anyway I received a Premium system In a Pro box. Everything works on the system except the DVD drive right now. And the other small problems here and there.(headset)
 
So the system does not work then if the dvd drive does not. Atleast the system does not 100% work I should say. If it can not read a disc then you can not play games unless they are downloaded so the system does not work for its intended use. So you should be able to get your money back in full and I think the guy should have to pay for return shipping.
 
Yeah, thanks for all your help guys. This topic can really be closed now. I have to wait until the 22nd until I can file a dispute though. If any problems come up, I'll respond or just start a new topic. thanks again
 
[quote name='galeon'] Now I expected to receive a pro system with the HDMI port in the back. Instead I got a normal Premium system. [/quote]
Which is exactly what he advertised: "1 MICROSOFT XBOX 360 PREMIUM EDITION". Why did you think you were getting "pro" when it said "premium"?
...ebay makes me wait 10 days...
Click to expand...
Skip ebay and go direct to Paypal.com. File the dispute. Escalate to claim.
 
"AS IS" doesn't protect a seller. If an item is broke, it must be advertised as being broke. Otherwise the seller must deliver a working item. [quote name='galeon'] If I requested a refund with paypal, would paypal refund me the whole thing $230 or just the $200? Also elaborating on the $40 dollar issue... Since the seller keeps ignoring me, can I get paypal to do this instead of refunding the whole thing? [/quote] Paypal refunds ALL your money. If you request a $40 partial refund, Paypal will pester the seller to get him to agree to your request. However some sellers flat refuse to give partials, in which case you have to return the item.

Mail back an empty envelope with DC :bomb: and you'll get your money back AND keep the broken xbox.

Okay

the angel on my shoulder is reprimanding me, so ignore that advice.
 
I thought I was getting a pro because I thought he didn't understand xbox versions. Some people think a premium and a pro is the same thing. Anyway the seller pictured a pro version and even stated that it comes with a HDMI cable. I filled a claim with paypal about 3 days ago for the full refund. I'll just have to wait and see now. Anybody knows how long it would take? I'm guessing about 2 months.
 
[quote name='galeon']I thought I was getting a pro because I thought he didn't understand xbox versions. Some people think a premium and a pro is the same thing. [/quote]

Exactly. I don't know why people are making it seem like you are at fault. I mean look at the guys listings... he can't even take pictures right!
 
Also, look at this auction:

http://cgi.ebay.com/MICROSOFT-XBOX-360-PREMIUM-GAME-CONSOLE-W-ACCESSORIES_W0QQitemZ230262439145QQcmdZViewItem?hash=item230262439145&_trkparms=72:552|39:1|65:12&_trksid=p3911.c0.m14#ebayphotohosting

He claims the console is a premium, but when you look at the console picture:

fa90_1.JPG


It lacks the silver trimming, meaning it is really a core system!
 
[quote name='galeon']I thought I was getting a pro because I thought he didn't understand xbox versions. Some people think a premium and a pro is the same thing. Anyway the seller pictured a pro version and even stated that it comes with a HDMI cable. [/quote] Rather than assume I'd have asked, "Does this Xbox have a HDMI output on its back?" When he said "no" you'd know to not bid.

And I'd guess 1 month. Paypal operates faster during slow summer months. (Although there's still a chance Paypal will give you a $40 partial refund. Did you ask for one?)
 
Yes, but the Pro was just a bonus, I wasn't really looking for one, but I'd prefer it over the premium, again, I'm just mad about the broken DVD drive mostly. I asked for a full refund.
 
This seller is probably from China or Nigeria.

I love to reverse-scam the Chinese (or Nigerians). Mail the scam artist, dishonest piece of ____ an empty envelope with DC. That way he can't sell this trash Xbox to somebody else.
 
ok guys, little update, I filled a claim with paypal, paypal said the seller had untill july 3rd to respond. as you can see today is july 4th. so... what do i do? do i contact paypal about this? if so where?
 
[quote name='galeon']ok guys, little update, I filled a claim with paypal, paypal said the seller had untill july 3rd to respond. as you can see today is july 4th. so... what do i do? do i contact paypal about this? if so where?[/quote]

Being a holiday id give paypal another day or two.
 
i'm interested to see how this plays out. i don't have any advice for you. i hope things get made right for you and you're not out too much money.

in the future be wary of ebayers with like 96% feedback and less than 100 transactions. plus the format of his auction was pretty crappy. it's hard to read, the pictures are blurry, and it just doesn't come off as this guy knows what he's doing. spend a few more bucks and buy from someone who operates more like a store who at least pretends to care about its customers.
 
[quote name='galeon']ok guys, little update, I filled a claim with paypal, paypal said the seller had untill july 3rd to respond. as you can see today is july 4th. so... what do i do? do i contact paypal about this? if so where?[/quote]
Usually if the seller doesn't respond within the required time, PayPal automatically sides with the buyer and issues a refund. However, I think PayPal is probably closed today, so wait til tomorrow/Monday. PayPal might tell you they'll issue a refund once they have a confirmed delivery of the return package, or they might just issue a refund and let you keep the 360. At this point, if there's no reply from the seller, you might just get to keep the 360. Oh, and if you do, and if you send it in to Microsoft, there's a chance you'll get a 360 with an HDMI port back!
 
Idk I hope i keep the 360. I received an email from Paypal this morning, it says that I won the dispute since the seller didn't even respond to any messages. Now I hope the seller didn't empty out his paypal account, since that's the only thing I'm worried about. Paypal didn't tell me to return the item or anything like that, they just said that they'll try to refund me the money. So by the looks of it, I think maybe I'll get to keep the xbox, how cool is that? They said in 5 days I should have the money from the seller, if nothing goes wrong.
 
[quote name='galeon']Idk I hope i keep the 360. I received an email from Paypal this morning, it says that I won the dispute since the seller didn't even respond to any messages. Now I hope the seller didn't empty out his paypal account, since that's the only thing I'm worried about. Paypal didn't tell me to return the item or anything like that, they just said that they'll try to refund me the money. So by the looks of it, I think maybe I'll get to keep the xbox, how cool is that? They said in 5 days I should have the money from the seller, if nothing goes wrong.[/quote]
When a claim/dispute is opened with PayPal, they automatically freeze that money so that the seller can't use it or anything, so you shouldn't have to worry too much about that. Congrats on getting the 360. Since the seller never replied, I think it's safe to assume that you get to keep the system. Just give it some time and see what happens, then I'd recommend sending the system into Microsoft.
 
Hmm, I doubt you'd be able to keep the 360. That doesn't make a lot of sense to me, but I don't know a lot about the process. If he contacts you and wants the system back then tell him he's paying $60 for shipping before you ship it out. Since this guy tried to eff you over make sure you stick it to him in every way he can. He deserves it. Hope you get to keep the system. :)
 
[quote name='MikeBastard']Hmm, I doubt you'd be able to keep the 360. That doesn't make a lot of sense to me, but I don't know a lot about the process. If he contacts you and wants the system back then tell him he's paying $60 for shipping before you ship it out. Since this guy tried to eff you over make sure you stick it to him in every way he can. He deserves it. Hope you get to keep the system. :)[/quote]
Well, the reason I think he'll get to keep it is that I'm currently going through a PayPal claim. I was getting no response from the seller until I opened things with PayPal, and from there I was told, by PayPal, that once they had a confirmed delivery they'd issue a refund. Since the OP was told by PayPal that he should be getting a refund, with no mention of a return, I'd expect him to get to keep it. I once bought an old laptop off eBay with a similar situation. Seller claimed one thing, what I received was something else. When I opened the claim, the seller never responded, and PayPal issued me a refund and I got to keep the piece of junk that I had received. So, unless things have changed since, I'd assume the same would probably work here as well, since the seller had 10 days to respond to PayPal before PayPal automatically decided in the buyer's favor. Basically, I think the seller forfeited his right to a return of the product when he didn't respond.

EDIT: Oh, and to add a bit more, once the process is deemed finished by PayPal, the seller cannot open another claim or anything based on the transaction. It's over and done with as far as PayPal is concerned, and the seller already lost his right to try and deal with the issue.
 
[quote name='YodaEXE']Well, the reason I think he'll get to keep it is that I'm currently going through a PayPal claim. I was getting no response from the seller until I opened things with PayPal, and from there I was told, by PayPal, that once they had a confirmed delivery they'd issue a refund. Since the OP was told by PayPal that he should be getting a refund, with no mention of a return, I'd expect him to get to keep it. I once bought an old laptop off eBay with a similar situation. Seller claimed one thing, what I received was something else. When I opened the claim, the seller never responded, and PayPal issued me a refund and I got to keep the piece of junk that I had received. So, unless things have changed since, I'd assume the same would probably work here as well, since the seller had 10 days to respond to PayPal before PayPal automatically decided in the buyer's favor. Basically, I think the seller forfeited his right to a return of the product when he didn't respond.

EDIT: Oh, and to add a bit more, once the process is deemed finished by PayPal, the seller cannot open another claim or anything based on the transaction. It's over and done with as far as PayPal is concerned, and the seller already lost his right to try and deal with the issue.[/quote]

Wow. Looks like this will be worth the buyers time after all. I've heard of a lot of bad experiences on ebay/paypal. Glad to hear that things seem to be going so easy for the buyer attempting to get his money back.
 
Alright, I feel great, this just made my day. :) I'll add an update if anything new happens, so stay tuned. ;)
 
[quote name='galeon']Alright, I feel great, this just made my day. :) I'll add an update if anything new happens, so stay tuned. ;)[/quote]
Good luck. Remember, things can still go wrong at this point, so don't get your hopes up too high.
 
ha ha indeed! keep us updated if the seller contacts you about getting the 360 back. i wonder if he even has a right to attempt to get it back. oh well, if you find out you do have to ship it back to him make sure to charge him up the ass for shipping. it'd be great if you got to keep it and got it fixed from microsoft for free.
 
[quote name='MikeBastard']ha ha indeed! keep us updated if the seller contacts you about getting the 360 back. i wonder if he even has a right to attempt to get it back. oh well, if you find out you do have to ship it back to him make sure to charge him up the ass for shipping. it'd be great if you got to keep it and got it fixed from microsoft for free.[/quote]
Nope, he has no right to request that, as he gave up that right when he never responded to PayPal.
 
[quote name='MikeBastard']ha ha indeed! keep us updated if the seller contacts you about getting the 360 back. i wonder if he even has a right to attempt to get it back. oh well, if you find out you do have to ship it back to him make sure to charge him up the ass for shipping. it'd be great if you got to keep it and got it fixed from microsoft for free.[/QUOTE]

Hm... that's pretty interesting point. I'd normally return it if that's what was agreed upon but as the seller didn't work with PP and he knowingly deceived a buyer, I say fuck that. Karma's a bitch.:D

Congrats OP, glad to hear it worked for you.:)
 
[quote name='galeon']haha, sweet ;) I just got my money refunded back, looks like I'm keeping it. =][/quote]

The seller learned a valuable lesson

- Don't try to rip people off with broken junk. Else you end up with nothing.
 
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