Paypal dispute problem

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scott2hotcott

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I bought a group of 12 NES on eBay. In the auction, the seller claimed that they were all in their box with the instructions. They did all come with the instructions, but they did not have the boxes. Instead, each game was in a plastic case, with the front, back, and one side of the box taped to the plastic case. He also said that there were no marks or anything on any of games, which is a lie.

I was pretty pissed, because I bought these to primarily add the boxes to my cartridge only games. I sent him a message asking to resolve the situation, and he replied that same day (Sept. 5). In his message, he said that he thought I could *clearly* tell that the games were in plastic cases with part of the boxes taped on...riiiiiiiiiight.

I asked for a $24 refund ($2 per game, which I thought was fair). After almost a week and no response, I filed my first Paypal dispute and asked for a $50 refund just to get his attention. He finally responded last night and told me that I was insane to ask for a $50 refund. I replied saying that I would take the $24 refund. I have a feeling he won't respond again unless I escalate this thing to a claim. What do you guys think I should do? Also, if I escalate it to a claim and still only request a partial refund, if I win, do I get the partial refund and keep the games, or should I just ask for a full refund and send them back?

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=320289746640&ssPageName=STRK:MEWN:IT&ih=011
 
I would probally try to get all of your money back and send them back to the guy. Its the principle of the thing, you didnt get what was advertised.
 
If you file a claim and you win, you will receive the full amount back (plus shipping) but will also be required to send the games back. Be sure to use delivery confirmation.
 
^^ post 2 & 3 would probably your best option. you dont want him to pull any tricks on you. i would add signature confirmation.
 
Not to be a dick but no where does the auction say 'their box' it says as follows;

"This auction is for 12 Classic Nintendo NES games in boxes with original instruction manuals. These games come from my personal collection and have been tested and are in excellent working condition with no writing or damage to any of the game cartridges or labels. Please e-mail me with any questions. Good Luck and Happy Bidding!"

Now granted the sale was no doubt misleading but I'd say you are probably stuck. Just suck it up, leave some shitty feedback and read the auction description closer next time.
 
Dude there is a freaking picture in that auction.
2nd picture you can tell it has some plastic edge to the box.
And yea the wording sucks but it didnt say original box.
If anything you should have PM him first and asked questions.

I don't know i say its just a case of misunderstandings.
It doesn't seem like he was defrauding you and in my position i probably wouldn't give you a partial refund either.
 
[quote name='Josef']I personally think his description was very misleading. I hate sellers who aren't very descriptive.[/QUOTE]

While I agree about deceptive wording... the pictures clearly show that those aren't the original boxes. You can easily see the uncovered plastic from the plastic cases without even trying. This should have raised some red flags.
 
[quote name='millerjm2']Not to be a dick but no where does the auction say 'their box' it says as follows;

"This auction is for 12 Classic Nintendo NES games in boxes with original instruction manuals. These games come from my personal collection and have been tested and are in excellent working condition with no writing or damage to any of the game cartridges or labels. Please e-mail me with any questions. Good Luck and Happy Bidding!"

Now granted the sale was no doubt misleading but I'd say you are probably stuck. Just suck it up, leave some shitty feedback and read the auction description closer next time.[/quote]

But see, they weren't in "boxes", they were in plastic cases. And yeah, after looking at the picture more closely, I can now barely see that they were in cases instead of boxes. However, that should have been something that he specified. I checked out his feedback, and all the other NES games he's sold with boxes actually had their original boxes. I'm probably just going to escalate it to a claim and go for the full refund.
 
Here's an update:

The seller offered to refund me the $24 that I originally requested if I closed the dispute (and also asked me not to leave negative feedback). I told him that I would be willing to close the disputer AFTER he refunded me. Well, after not hearing anything back from him all week, Paypal today ruled in my favor for a full refund.

So, now my question is: it says I have to ship the games back and use some form of online tracking. I assume using regular old Delivery Confirmation through USPS will suffice?
 
[quote name='scott2hotcott']Here's an update:

The seller offered to refund me the $24 that I originally requested if I closed the dispute (and also asked me not to leave negative feedback). I told him that I would be willing to close the disputer AFTER he refunded me. Well, after not hearing anything back from him all week, Paypal today ruled in my favor for a full refund.

So, now my question is: it says I have to ship the games back and use some form of online tracking. I assume using regular old Delivery Confirmation through USPS will suffice?[/QUOTE]

I think so
 
[quote name='scott2hotcott']Here's an update:

The seller offered to refund me the $24 that I originally requested if I closed the dispute (and also asked me not to leave negative feedback). I told him that I would be willing to close the disputer AFTER he refunded me. Well, after not hearing anything back from him all week, Paypal today ruled in my favor for a full refund.

So, now my question is: it says I have to ship the games back and use some form of online tracking. I assume using regular old Delivery Confirmation through USPS will suffice?[/QUOTE]


What happens if the seller says you returned nothing but broken games
 
[quote name='slidecage']What happens if the seller says you returned nothing but broken games[/QUOTE]

I'm fairly sure paypal just doesn't care. As long as you provide a DC# you could shit in a box and send it to them and be in the clear.
 
[quote name='Mr Unoriginal']I'm fairly sure paypal just doesn't care. As long as you provide a DC# you could shit in a box and send it to them and be in the clear.[/QUOTE]

Then why couldnt a seller do the same thing

I sent the games. they worked when they left my house (even though they didnt)
 
[quote name='slidecage']Then why couldnt a seller do the same thing

I sent the games. they worked when they left my house (even though they didnt)[/quote]

The seller can't do this because the buyer has the ability to file a PayPal complaint.
 
[quote name='slidecage']Then why couldnt a seller do the same thing

I sent the games. they worked when they left my house (even though they didnt)[/QUOTE]

the buyer would file item not as describe
 
[quote name='62t']the buyer would file item not as describe[/QUOTE]

just saying though the seller would say


ITEMS WORKED WHEN THEY LEFT MY HOUSE so not my problem. Buyer is trying to rip me off
 
[quote name='supraazn']Correct but what the two last posters failed to mention was ..... don't do that because its a dick move.[/quote]

I wasn't going to try to pull anything like that. I will send him back his games in the exact same way they were sent to me. I didn't even put them in my NES to test them or anything. Thanks for all the help everyone. I just hope I never have to go through one of these disputes ever again.
 
Paypal's policies unfairly assume that all sellers are thieves, and all buyers are moms and dads buying Christmas presents that wouldn't know how to scam someone if they tried.

The only retribution a seller has for a nasty buyer is to go through eBay, which doesn't have any serious repercussions for the buyer and still enables the buyer to leave a negative feedback. Lame, yes.
 
It is pretty clear to me that this seller was trying to pull a fast one in this auction. He is definitely not truthful, regardless of what the images show. Everyone who collects games knows that "boxed" games and "games in boxes" mean the original packaging, not some shitty rental case with the box art.
 
Conclusions:

1) The buyer did try to mis-represent the items despite having a photo because they clearly stated boxes....clear generic cases do not count as boxes in my book, even if they are technically box-like.

2) A buyer generally has the right to a FULL refund if the item is not as described, and the seller should only be responsible for returning the items and it's fair to say the original shipping shouldn't be refunded in most cases. This is why you shouldn't bid on items with REALLY low prices and REALLY high shipping costs...buyers beware.

3) eBay typically does put 99% of the blame on sellers (I've been cheated out of nearly $1000 from bad buyers now) and so as a buyer you have a lot of power. Don't take advantage of your power, but it's definitely there. Disputing takes a few weeks sometimes but it's well worth it and any seller worth their salt will care because reputation is everything.

4) Buyers can't receive negative feedback these days, so no more reason to be afraid of bad sellers.

Best of luck to you! Hope you get all your money back :)
 
anyone know if paypals been hacked. i got a message today


We have concluded our investigation into your case. The seller has issued a
refund for the outstanding amount:

Transaction Date: Mar 24, 2006

Amount Initially Recovered:
Supplemental Refund:

Please allow 3 days for the refund to post.

If you have any questions about this case, just let us know. For the
fastest response, contact us online:


Find it sort of ODD i would get a refund 2 1/2 years after the case was closed .

guess in 3 days to see if i get something or not.
 
Possibly something is glitchy with Paypal, I got an e-mail from someone asking me why I tried to get money from their account. I said I had no idea what they were talking about and they forwarded me an e-mail from Paypal showing a failed transfer to my account. I told them to ask Paypal about it.
 
k thanks.

I got lucky those 2 1/2 years ago. I paid 170 bucks for a 1 year 3 at a time netflix code

Paid with paypal cash (i know STUPID)


The code was fake..

the lucky part was paypal refunded me 145 bucks (they said i used a 25 buck off coupon that is why i didnt get the full amount) really they did not have to refund me anything cause it was a CODE and and there was no real protection.

i was going to complain to get the other 25 buck back but i kept my mouth shut and was happy with 145

so maybe in 3 days i get 25 bucks......
 
[quote name='goomba478']Conclusions:

1) The buyer did try to mis-represent the items despite having a photo because they clearly stated boxes....clear generic cases do not count as boxes in my book, even if they are technically box-like.

2) A buyer generally has the right to a FULL refund if the item is not as described, and the seller should only be responsible for returning the items and it's fair to say the original shipping shouldn't be refunded in most cases. This is why you shouldn't bid on items with REALLY low prices and REALLY high shipping costs...buyers beware.

3) eBay typically does put 99% of the blame on sellers (I've been cheated out of nearly $1000 from bad buyers now) and so as a buyer you have a lot of power. Don't take advantage of your power, but it's definitely there. Disputing takes a few weeks sometimes but it's well worth it and any seller worth their salt will care because reputation is everything.

4) Buyers can't receive negative feedback these days, so no more reason to be afraid of bad sellers.

Best of luck to you! Hope you get all your money back :)[/quote]

Either Paypal ruled in my favor (really, really fast), or the seller agreed to give me a full refund. I shipped the games back today and gave Paypal the tracking #. So, once they get delivered, I should get a full refund.
 
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