Read carefully on eBay listings!!

Shrapnellistic

Shrapnellistic

CAGiversary!
Feedback
10 (100%)
Update:
Got refund.

#$!@#$

SERIOUSLY TAKE THIS COMPUTER AWAY WHEN IM HUNGOVER!

I canceled an Amazon Alan Wake pre-order the day they terminated the $10 promo (wanted the 5% Quick Pick trick) so I kick myself to eBay and I see $50 w/ free ship $5 ship and no tax and I'm like hell yeah, 'Buy It Now' before anybody else does and then when I'm done paying I go back to review my awesomeness and I freak since it's a Singapore lister selling NTSC-J copy of AW. :bomb: SELLER USED AN ESRB BOX ART PIC. I wouldn't have fallen if it wasn't for the iconic ESRB trademark rating. I think I have a case for a refund...

Already sent an email apologizing my mistake, seller has 15000 feedback (98.4% overall), put too much blind trust in his history sold. >_< How long should I wait to file a dispute via PayPal?
 
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Actually if they are in Singapore they are probably selling NTSC-Asia version which is usually region free.
 
I want to resell when I beat it and the general mass (like me) don't want to deal with a foreign copy even if it works on their machine.

Also the whole DLC-incentive code for new copies might be region locked.
 
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Why wouldn't you read the listing anyway... That seems pretty simple. I doubt he was trying to pull a fast one on you.

It's people like you who order stuff on ebay and amazon, not even reading the listings and then complain....
 
[quote name='Alex2290']Why wouldn't you read the listing anyway... That seems pretty simple. I doubt he was trying to pull a fast one on you.

It's people like you who order stuff on ebay and amazon, not even reading the listings and then complain....[/QUOTE]
:drool: 1st post... but to reiterate I got duped by the ESRB rating (only for Canada and USA) + missing out on Amazon's deal + hungover w/ password = problems
 
[quote name='Shrapnellistic']#$!@#$

SERIOUSLY TAKE THIS COMPUTER AWAY WHEN IM HUNGOVER!

I canceled an Amazon Alan Wake pre-order the day they terminated the $10 promo (wanted the 5% Quick Pick trick) so I go to eBay and I see $50 w/ free ship and no tax and I'm like hell yeah, 'Buy It Now' before anybody else does and then when I'm done paying I go back to review my awesomeness and I freak since it's a Singapore lister selling NTSC-J copy of AW. :bomb: SELLER USED AN ESRB BOX ART PIC. I wouldn't have fallen if it wasn't for ESRB trademark. I think I have a case for a refund. Scum!

Already sent an email apologizing my mistake, but I'm sure that was their plan with over 15000 feedback (98.7% overall). How long should I wait to file a dispute via PayPal?[/QUOTE]

I'm looking at the auction from this seller and after three being sold, there are still more than 10 available. Why the extreme sense of urgency to click "Buy It Now" before reading the item description? The seller's location is right there on-screen and when you scroll down only slightly, you can clearly see that the format is NTSC-J (Japan). As it's a pre-order, there's no way for the seller to take a pic of the physical item and the ESRB box art is the only pic available through eBay's system. There's no scam being attempted by this seller.

If you file a dispute based on the picture, but you'd likely lose that dispute pretty quickly. Your best bet is to do what you're doing and beg out of your contractual obligation.

That being said, if you can't work something out with the seller, you might (and I stress "might") just have a case IF you dispute the item using the following policy as a guide:

http://pages.ebay.com/help/policies/pre-sale.html

I'd suggest you focus on the following passage:

If you want to sell presale items, be sure to meet all of the following criteria:

  • Guarantee that the item will be available for shipping within 30 days from the purchase date. Be sure to clearly state this information in your listing.
I didn't see anywhere in the listing where the seller "guaranteed" the item's availability, even though they did state they can meet the shipping time frame. If the eBay/PayPal rep handling the dispute is a black-and-white analytical type, you may have a slim chance to winning.
 
[quote name='Shrapnellistic']:drool: 1st post... but to reiterate I got duped by the ESRB rating (only for Canada and USA) + missing out on Amazon's deal + hungover w/ password = problems[/QUOTE]

No you didn't.
 
They'll probably understand the mistake and just cancel the order for you. Usually these type of sellers do so anyway. Good luck!
 
[quote name='Survivalism']No you didn't.[/QUOTE]
-2? And yes I did. I felt safe thinking this was an ESRB copy (iconic trademark) + huge feedback. Seller only says it's a NTSC-J in the item description, J is pretty hard to miss sometimes.
 
[quote name='SteelSD']I'm looking at the auction from this seller and after three being sold, there are still more than 10 available. Why the extreme sense of urgency to click "Buy It Now" before reading the item description? The seller's location is right there on-screen and when you scroll down only slightly, you can clearly see that the format is NTSC-J (Japan). As it's a pre-order, there's no way for the seller to take a pic of the physical item and the ESRB box art is the only pic available through eBay's system. There's no scam being attempted by this seller.

If you file a dispute based on the picture, but you'd likely lose that dispute pretty quickly. Your best bet is to do what you're doing and beg out of your contractual obligation.

That being said, if you can't work something out with the seller, you might (and I stress "might") just have a case IF you dispute the item using the following policy as a guide:

http://pages.ebay.com/help/policies/pre-sale.html

I'd suggest you focus on the following passage:

If you want to sell presale items, be sure to meet all of the following criteria:

  • Guarantee that the item will be available for shipping within 30 days from the purchase date. Be sure to clearly state this information in your listing.
I didn't see anywhere in the listing where the seller "guaranteed" the item's availability, even though they did state they can meet the shipping time frame. If the eBay/PayPal rep handling the dispute is a black-and-white analytical type, you may have a slim chance to winning.[/QUOTE]
Thanks... but I don't see why a stock photo would save them (no warning either about it), it's just as important as the item description IMO. By cross-checking, their photo it doesn't even look stock to begin with; low quality and if you look at it hard enough the 'TEEN' above "T" looks like 'YEEN'. WTF?

aw001.jpg


The rating could easily be blacked out with MS Paint. I would of looked at every detail of the listing if I didn't see ESRB's rating.

And yes, I was anxious... doh! Not my brightest day, I know. Got lazy with Amazon care-free clicking and should've known better.
 
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[quote name='Shrapnellistic']Thanks... but I don't see why a stock photo would save them, it's just as important as the item description IMO. By cross-checking, their photo it doesn't even look stock to begin with; low quality and if you look at it hard enough the 'TEEN' above "T" looks like 'YEEN'. WTF?

The rating could easily be blacked out with MS Paint.

And yes, I was anxious... doh![/QUOTE]

Looks identical to the stock photo provided by eBay. Trust me, I have eBay Turbo Lister up right now. The larger, more pixelated image in the item description is what you get when you blow up an already low-res stock photo.

As the item is a pre-order, it's impossible for the seller to have a pic of the actual item. Without that, you're sticking him between a rock and a hard place. Blacking out the ESRB still doesn't make the resulting photo a proper representation of an NTSC-J item. Grabbing an NTSC-J photo from another source violates eBay policy and, in many cases, is a violation of copyright law. I understand you'd have been happier if the seller had done one of those things, but expecting the seller to be unlawful and/or violate eBay policy and/or (at best) be equally vague isn't really a reasonable position; particularly when the item description was up to speed.

Item descriptions will always rule the roost from an eBay policy perspective. A seller would be wise to ensure that a pic doesn't deviate from the description in any way, and would also be wise to note any deviation in the description. But slight variances between the pic and photo aren't going to win any disputes for a buyer by themselves.

Let's look at it using this scenario- A seller uploads a picture of an Xbox 360. The seller doesn't show a picture of a long crack in the back of the case. However, the seller clearly discloses that there is a 3-inch crack in the back of the case in the item description. The seller goes on to note that the damage has caused the A/V output to be non-functional. Unfortunately, Mr. Urgent clicks on the Buy-it-Now button and pays after viewing only the pic (which looks like a minty 360) prior to reading the description. Well, Mr. Urgent is screwed. It's his responsibility to perform reasonable due diligence prior to entering into a contract to purchase. As long as the item description was truthful and the seller gets the item to the buyer in the condition described, the buyer has pretty much no recourse. If the buyer hasn't paid and refuses to do so, he can't even argue himself out of an unpaid item strike.

Simply put, if eBay/PayPal determines that the buyer purchased and received that which they could reasonably expect based on the information divulged in the item description, the buyer is not going to win a dispute.
 
Good to know... how dumb I am. I really didn't think it would be a foreign format if it had ESRB in the listing, that was my whole thought process (how should a buyer know that's the only stock photo for all formats?) and I'm sticking to it.

PM'ing you last 1 month code XBL code, don't know if it expired yet.
 
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[quote name='Shrapnellistic']Good to know... how dumb I am. I really didn't think it would be a foreign format if it had ESRB in the listing, that was my whole thought process (how should a buyer know that's the only stock photo for all formats?) and I'm sticking to it.

PM'ing you last 1 month code XBL code, don't know if it expired yet.[/QUOTE]

Hey, thank you! The code wasn't necessary, but very much appreciated (and it did work!).

Keep in mind that I've done exactly what you did but didn't even realize it until after I received the game as I never went back to check the listing before then. I thought I purchased a sealed NTSC-U copy of Digital Devil Saga. And this was a US Seller! I got it and it was an NTSC-J copy. Man, was I ticked off. The only difference is that I went back and found that the seller in no way noted that it was an import copy. But that's just me being lucky as all get out because one mention of NTSC-J would have left me holding the bag.

And my Xbox 360 example was based on personal experience as well. But in reality, the seller again did not properly disclose the damage to the unit. I ended up having to go all the way to an eBay dispute appeal to win that.

I've had to deal with a few "Significantly Not as Described" disputes (none on the selling side, though) and I've lost only one. Can you imagine a seller putting what was a mid-grade copy of a Silver Age X-Men #2 loose in a manilla envelope with absolutely ZERO protection (not even a comic bag) and then feeling good about shipping it? I can. Unfortunately, the description she used was deemed to be an accurate representation of the lower-grade book I ended up receiving, so I lost over $100 in estimated value. :bomb:

I hope you're able to work it out with the seller, but if not feel free to PM me if I can help at all. Again, thank you very much for the code and have a good rest of your weekend!
 
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