Should I file the insurance claim or the seller?

Spiral

CAG Veteran
I bought the dot hack game with the figure at ebay with insurance, and it arrived at my home and the box was crushed a bit. The seller used this http://img260.imageshack.us/img260/2951/img1791ds5.jpg to package it.

He won't give me a refund and now, he's offering to file an insurance claim through USPS. Should I file it instead? Or should I just file a dispute/claim through paypal?
 
The seller has to file the insurance claim as he is the customer in the eyes of the post-office. You can file with paypal if you so chose.
 
What the hell was the seller doing mailing that in an envelope? Someone on CAG sold me a mint Final Fight for GBA, but mailed it in an envelope. So it got crushed.
The guy told me that he couldn't be held responsible for shipping damage. I was like "fuck that, you didn't take precautions to ensure my chances of receiving what you described." The mods sided with me and he gave me a partial refund.
 
[quote name='Spiral']What are the chances of paypal siding with me if I file a dispute?[/QUOTE]

You will win.

FoS, that shit happens more than you'd think, someone sent me a computer game in an envelope like that with NO padding whatsoever and the box came crushed.
 
[quote name='Spiral']What are the chances of paypal siding with me if I file a dispute?[/quote]

I lost a dispute over damaged item, paypal will side with you.
 
[quote name='Spiral']What are the chances of paypal siding with me if I file a dispute?[/QUOTE]

i would just file with paypal. The post office wont pay insurance out on it cause how Shitty of a job they did packing it. There was nothing to protect it so its not the fault of the post office. I would be shocked if the post office would pay out insurance .


really dont know who starts it, I had to file insurance a few times (everytime the buyer dropped the claim before the filled out the forms --- either nothing was wrong with the game or they was trying to get it free and knew the post office would catch them)

one time they told me that i had to start the claim the other time the said they had to start the claim since they have the item

Whatever you do , DO NO THROW OUT THE PACKING
 
Well, it looks like the seller also comes here. She messaged me that she saw the post I made here in CAG.. what a small world.

Anyway, she apparantly has some other sets of the game, except it doesn't have that little "sticker" on top. Now, I'm thinking if I should continue file a dispute or ask for a trade.
 
[quote name='Friend of Sonic']What the hell was the seller doing mailing that in an envelope? Someone on CAG sold me a mint Final Fight for GBA, but mailed it in an envelope. So it got crushed.
The guy told me that he couldn't be held responsible for shipping damage. I was like "fuck that, you didn't take precautions to ensure my chances of receiving what you described." The mods sided with me and he gave me a partial refund.[/quote]

That's BS. It should be common sense to ship any GBA game in a cardboard box. Plus it is even cheaper that way since there are millions of ways to obtain a free box (like saving a box from an Amazon shipment) instead of having to pay for a bubble mailer.
 
[quote name='Spiral']Well, it looks like the seller also comes here. She messaged me that she saw the post I made here in CAG.. what a small world.

Anyway, she apparantly has some other sets of the game, except it doesn't have that little "sticker" on top. Now, I'm thinking if I should continue file a dispute or ask for a trade.[/QUOTE]

How bad is the item? Can you provide a pic?

If it's not too bad then ask for a partial refund. Otherwise, I'd swap it with a 'unsealed' one.
 
I did a quick search and those bad boys go for $60 to $90 shipped. You obviously bought it for collectibility purposes and not just to play the game so I'd go apeshit if that were me. To add insult to injury, all of the completed listings had a shipping charge of $8.00 for First Class.
 
Oh, believe me, I really want to go apeshit right now but right now I'm trying to be calm and rational as possible. At least the seller is responding to my e-mails. And yeah, I paid for $133 for this order, I got Robot Alchemic Drive from the seller too. I was looking for both of these games and what luck! A seller has both of them, lucky me! or not. Since RAD also arrived in a not so "mint" or "like new" condition just as she described. Since it had visible scratches, theres a bit of a fold in the manual, has sticker scuffs on the front and back of the case.

Heres a pic of the disc with the scratches:
http://img98.imageshack.us/img98/4905/img1800ld8.jpg

Ah.. and here I thought I'd never have any buying nightmare on ebay.
 
While I'm not defending the seller, if you paid that much with out bothering to find out exactly how it would be shipped, given your self stated anal retentiveness (moaning about a fold in the manual...WTF is sticker scuff?), you deserve a part of the blame too. If it wasn't stated in the auction, would it have killed you to ask "hey, you going to send this in a box right?" If you are that concerned about the item's condition, you should be that concerned about shipping method and materials as well, since as you found out, they are often related
 
Well, I usually ask the seller as to how they will package it, then I saw this words at the item description, "Shipping is all done by USPS and all items are mailed very securely with bubble wrap and packaged well".

So I did not ask the seller assuming that those words are true. And, now as you can see, assuming bites.
 
So wait your supposed to ask each person you buy from if they are shipping the item you buy in a box? In my mind this is how asking the question could go.

You: "hey, you going to send this in a box right?"

Her: "Actually I was going to dip the game into some honey and let bees carry it off to your home."

You: "Uh... that doesn't make any sense... How would the bees even know where I live?"

Her: "Oh, they know..... THE BEES KNOW EVERYTHING."

And then you would get a package delivered by bees..... Now thats what I call U B S... get it.... hahaha
 
[quote name='Spiral']I bought the dot hack game with the figure at ebay with insurance, and it arrived at my home and the box was crushed a bit. The seller used this http://img260.imageshack.us/img260/2951/img1791ds5.jpg to package it.

He won't give me a refund and now, he's offering to file an insurance claim through USPS. Should I file it instead? Or should I just file a dispute/claim through paypal?[/QUOTE]


omfg...paper envelope + bubble wrap =/= bubble mailer. even a bubble mailer would've been bad.
 
$133 for that and a 'mint' copy of RAD?!?!

Dude, file the dispute with PayPal. Now.

I definitely feel for you right now. I used to collect Transformers toys back in the day it would tick me off whenever something was ding up even the sligest due to poor packing. Back then eBay was no where near as nice on buyers as it is now. Actually, back then, eBay just didn't care...:whistle2:k

I'd be pissed if I got something like that.

Whether or not the USPS packed it, you should get your insurance money for it. As for the RAD disc, that's an obvious lie about it being mint. PayPal will cover that one.
 
Hey, I'm pointing out that when it comes to auctions, don't assume anything. As it is, it looks like the seller did what she said she would...I look at the that statement as that is not being shipped in a box but shipped in a bubble wrap envelope (which is fairly standard shipping for games and DVDs on ebay)...If I was really up tight about condition, I would see the phase of only "bubble wrap" as being too vague for comfort....If it was being shipped in a box, a video game wouldn't really need bubble wrap, would it?....the buyer assumed that would be in a box. When I used to sell PS1 games, I gave buyers a choice (spelled out in the auction text) between boxes shipped at media rate or bubble wrap envelopes at first class for precisely this reason.

A certain % sellers and buyers will act in bad faith, but more than few "problem" transactions on Ebay are due to buyers assuming stuff that isn't necessarily obvious to everyone...I don't think I would mention "sticker skuff" or if the DVD spindle was missing one tooth in any of my auctions, since a case can be easily swapped out by the buyer..If those were important issues for a buyer, I would expect to be asked about that before buying. If a buyer has laundry list of expectations that are not clearly addressed in the auction text, the onus is on the buyer to find out the answer before bidding rather than just blithely assuming that the rest of the world, of course, thinks exactly like him on all salient matters OR assume the worst and bid accordingly (or don't bid at all). While this case is a bit different than some grading dispute, the issue is the same. The seller is clearly not the best but had the buyer asked beforehand about this, the problem could have been avoided.

I've just had too many foolish/super anal retentive buyers waste my time because I lacked the ability to read their minds before they bid and alot of headache for both parties could have been avoided if they just bothered to ask a question beforehand.

A large portion of society isn't smarter than a bag of rocks, so why would Ebay be any different...and that goes for both sellers and buyers.
 
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