EBay Fail!

Open  an Item Not As Described Case:  "If an item you've received doesn't match the seller's description, your purchase price plus original shipping may be covered by eBay Buyer Protection."

http://ocs.ebay.com/ws/eBayISAPI.dll?CustomerSupport&popularTool=true&query=1735&search=1&popularToolName=Open%20an%20Item%20not%20as%20described%20case

It seems the seller is in the wrong since the item isn't as described / depicted and they should eat the cost of return shipping the item. 

Hopefully the seller just made a mistake and will help you in correcting it free of charge.

If not, do what Hondo said or go through Paypal (assuming you used paypal). Paypal will 95% of the time side with the buyer if something is wrong. So, you should be well-protected, I'm sure ebay or Paypal will come through for ya.

They should cover the refund and return shipping charges.  It's not like you're returning because you selected the wrong kit, it's their error.

If they don't sort it out, use eBay or paypal's resolution centre.

You could turn around and try to sell it too.

You should easily be able to sort this out through eBay's resolution center. Open a "ticket" and pursue the case through the means that have been so advised here. You should also leave negative feedback for the seller after one week (Ebay requirement to give you time to contact the seller and propose a resolution) if they do not agree to satisfy your sale.

You could propose to them that nothing less than getting what you paid for--the proper scale kit -- would satisfy your transaction, and if they are a seller of note--having a lot of feedback score, meaning a person who has a "history" of transactions and a valuable account--they would much rather have a "Positive" feedback" than a negative which could jeopardize their account standing with eBay.

Keep track of and save all your emails and correspondences with the seller, and if they refuse to satisfy your sale, report it to ebay through their channels available to you.

All good advice, and...

Be patient for a week or so and try to work it out. Once you've left negative feedback, filed a case etc. it gets much harder to negotiate.

I've had that happen (ordered a 1/48 kit, got a 1/72). I did just like everyone said to do.

Contact the seller via Ebay and give them a few days to respond (I believe Ebay allows 45 days from date of payment for a refund).

If no response, file a claim through Ebay. You will get your money back. I have no doubt about it.

I've had similar things happen to me a few times.  With one or two exceptions, most of the sellers have bent over backwards to correct their error.  Being civil and polite in emails goes a long way. 

That's one of reasons I'm very careful about doing business with any seller who has less than a 100% rating.

Hope you can get it worked out.

Mark

I guess my concern is that I'm going to be out the cost to return this item and will have nothing to show for it. Would Paypal make me send it back to the Seller on my dime so I can get my original purchase price (and shipping back)? I'm probably just jumping the gun as it all may work out but I'm a pessimist by nature.

I stay away from non US sellers cause of the expensive shipping and any possible order errors. Since the items sent was not the same featured, you should get a full refund.  If the seller has any brains and wants to right the wrong, he should let you keep that one and send you the correct one. I've had a couple of order screwups with online shops and that's what they've done. I hope you can resolve your problem.

This is one reason i am wary of buying form E-bay sellers outside of the UK. At least here we are protected under the distant selling rugulations.

I would do as advised. I get the impression he is happy to refund you the original cost, but you have to pay the return postage. That isn't good enough, i am not sure though if theres anyway E-bay/paypal could take that postage from him.

Griffin

I guess my concern is that I'm going to be out the cost to return this item and will have nothing to show for it. Would Paypal make me send it back to the Seller on my dime so I can get my original purchase price (and shipping back)? I'm probably just jumping the gun as it all may work out but I'm a pessimist by nature.

Have you heard back from him yet?

I had a similar situation, bought a model train item (or so I thought). When it arrived it was more of a display or toy item as opposed to suitable on a operating train layout.  Sellers profile said I was responsible for cost of return.  I emailed him, told him my reason for not being happy with the transaction but due to the cost I got the item it wasn't worth the cost of the return so I will keep it anyways and give it to my kid.

Without asking or expecting he returned my money and sent an apology.

Give it a chance to sort itself out.  Their feedback score can be a good indicator to their integrity.

It's been over 24 hours now with no word from the Seller.

I tried looking for N. American sellers but there weren't any at the time. I guess that's what I get for being impatient.

RedCorvette

I've had similar things happen to me a few times.  With one or two exceptions, most of the sellers have bent over backwards to correct their error.  Being civil and polite in emails goes a long way. 

That's one of reasons I'm very careful about doing business with any seller who has less than a 100% rating.

Hope you can get it worked out.

Mark

Agreed 100%!!!!! Always go this route before doing anything else.

Here is the response I got:

i am very sorry...

It is hard to do returning item since returning shipping cost is very high..
How about me refurning you $10.00 out of $25?
I am very very sorry again..
if you have better idea or preference, let me know again.
I will do my best to satisfy it.

I've had some time to think about it. I don't want to be a jerk and I don't want her to get hosed in the deal either. I was thinking about asking for a $15.00 refund (10.50 out of my pocket) as this would be about 50% off what I would pay in-store for the kit. I would still have to find English instructions though. I would then add it to my meager stash and continue looking for the kit I wanted.

Does this seem reasonable?

Griffin

Here is the response I got:

 

i am very sorry...

 

It is hard to do returning item since returning shipping cost is very high..
How about me refurning you $10.00 out of $25?
I am very very sorry again..
if you have better idea or preference, let me know again.
I will do my best to satisfy it.

 

I've had some time to think about it. I don't want to be a jerk and I don't want her to get hosed in the deal either. I was thinking about asking for a $15.00 refund (10.50 out of my pocket) as this would be about 50% off what I would pay in-store for the kit. I would still have to find English instructions though. I would then add it to my meager stash and continue looking for the kit I wanted.

Does this seem reasonable?

This guy's got some nerve! He sold you the wrong kit, wrong scale, and with no instructions yet--and he wants to keep YOUR money for HIS screw-up and YOUR inconvenience?! That's chutzpah!

Tell the guy it's HIS mistake, and that he has to eat the costs. If he doesn't, open a resolution ticket with ebay, forward them his response, explain your understandable indignance, and ask for a full refund.

Jerks like this guy are unfortunately the rare examples that give eBay it's undeserved bad reputation among some.

the doog

 

Griffin:

 

Here is the response I got:

 

i am very sorry...

 

It is hard to do returning item since returning shipping cost is very high..
How about me refurning you $10.00 out of $25?
I am very very sorry again..
if you have better idea or preference, let me know again.
I will do my best to satisfy it.

 

I've had some time to think about it. I don't want to be a jerk and I don't want her to get hosed in the deal either. I was thinking about asking for a $15.00 refund (10.50 out of my pocket) as this would be about 50% off what I would pay in-store for the kit. I would still have to find English instructions though. I would then add it to my meager stash and continue looking for the kit I wanted.

Does this seem reasonable?

 

In my opinion? ABSOLUTELY NOT.

 

This guy's got some nerve! He sold you the wrong kit, wrong scale, and with no instructions yet--and he wants to keep YOUR money for HIS screw-up and YOUR inconvenience?! That's chutzpah!

Tell the guy it's HIS mistake, and that he has to eat the costs. If he doesn't, open a resolution ticket with ebay, forward them his response, explain your understandable indignance, and ask for a full refund.

Jerks like this guy are unfortunately the rare examples that give eBay it's undeserved bad reputation among some.

I agree. He sold you the wrong item so either he eats the return cost or repays your payment.  If he doesn't agree then file the appropriate complaint through eBay and PayPal.

the doog

 

Griffin:

 

Here is the response I got:

 

i am very sorry...

 

It is hard to do returning item since returning shipping cost is very high..
How about me refurning you $10.00 out of $25?
I am very very sorry again..
if you have better idea or preference, let me know again.
I will do my best to satisfy it.

 

I've had some time to think about it. I don't want to be a jerk and I don't want her to get hosed in the deal either. I was thinking about asking for a $15.00 refund (10.50 out of my pocket) as this would be about 50% off what I would pay in-store for the kit. I would still have to find English instructions though. I would then add it to my meager stash and continue looking for the kit I wanted.

Does this seem reasonable?

 

In my opinion? ABSOLUTELY NOT.

 

This guy's got some nerve! He sold you the wrong kit, wrong scale, and with no instructions yet--and he wants to keep YOUR money for HIS screw-up and YOUR inconvenience?! That's chutzpah!

Tell the guy it's HIS mistake, and that he has to eat the costs. If he doesn't, open a resolution ticket with ebay, forward them his response, explain your understandable indignance, and ask for a full refund.

Jerks like this guy are unfortunately the rare examples that give eBay it's undeserved bad reputation among some.

I agree with this.I sell a little on E-bay and am very careful to describe the item as best as I can.

He made the mistake in the listing not you.If he wants your business and positive feedback,

let him know you want either a full refund including shipping or send you the kit you won.

If he doesn't want to do this,let him know you will open a case against him for "item not as described,or received wrong item.

Hope this helps,

George

Griffin

Does this seem reasonable?

No,  She sent you something you didnt order or want, add further injury now you have to hunt down instructions. If she's using PayPal you will be charged a percentage to receive the money so you will loose even more cash.. 

Thank you all for your support and suggestions. I have replied to the seller's message, asking for a full refund due to their error. I told them they could have the package back, but should be responsible for return shipping costs.

I think about sums up my concern:

I bid on a new 1/48 scale model with an English manual. I received an open 1/72 scale model with a Korean manual. In no way should I be expected to pay for an item that is so far from what I ordered.

Thanks again, I'll let you know what happens next.

Youre mare reasonable than I am man. 

I ordered a Star Wars kit off ebay for a groupo build here a couple years ago.  I never got the kit and had to go through ebay resolution center.  It turns out another guy from the same group build ordered the same kit.  We both got screwed. 

I generally have a good relationship with ebay but every once in a while you get hurt.  They do have a great resolution center though, just make sure you start it within their time limits.

24+ Hours, no response . . .

When EBay first started about 10 years ago, it worked great.  One on one, with honest buyers and sellers that you could communicate with.  Then it got complicated, PayPal got started, and other crooks got in the act to rip you off.  I haven't used it for many years, and never will again.

48 Hours - Is it time to file a claim?

Griffin

48 Hours - Is it time to file a claim?

You could, I suppose. Personally, I wouldn't... at least not yet.

I've only had a bad experience with E-bay once. So take my advice for what it is...

What I would do is I would send the original seller one final e-mail. Calmly and reasonably explain that you are not satisfied with their offer of a resolution and you will only be happy when you either get the kit that you ordered or a FULL refund. I'd also explain that I was concerned that my previous e-mail had gone unanswered for (at this point) 48 hours and if I did not hear from the seller within X time (you pick what you want: 24 hours? 48? it is up to you) I'd be forced to seek a formal resolution from E-Bay and PayPal.

Basically, I'd give the original seller one more chance to fix this, but at the same time I'd make it clear that this is the LAST chance.

I believe that you need to wait a full 7 days to file a claim. You should research it on the eBay forum to be sure?

Either that or initiate a claim right now--the form you fill out tells you if you are within the time allotted, I believe?

7 days is only after the date of payment if no delivery date was provided.

I can make a claim any time now that I've received the incorrect item.

Edit - bbrowniii, I took your advice:

Dear "Seller's name here"

It has been over 48 hours since I replied (see below)to your offer for a partial refund and you have not replied to my counter offer.

I do not want to have to escalate this dispute. As this error is not my fault, I feel the only fair solution is for you to refund the entire purchase, including shipping. As I said before, you should also pay for return shipping, should you choose.

Please reply to me within 48 hours (9:00 p.m. MST on Sunday evening) or I will assume you are not cooperating and I will have to file a claim for Buyer Protection and will have to leave negative feedback on for this transaction. I do not want to do this, but I will if I must.

Please advise me as to which course of action you would like to follow.

Respectfully,

"My Name Here"

I guess I'll wait to see what happens. I can see Paypal making me send the item back on my dime in which case I'll be out $10+ and have nothing to show for it.

I got a reply to my last email:

hello i am sorry for late reply. 

i will do full refund on monday. 

i am very very sorry... i was really sick for three days...

i apology and please understand. 

if i dont make refund til end of monday, plz escalate to ebay. 

thank you and sorry

Cadet Chuck

When EBay first started about 10 years ago, it worked great.  One on one, with honest buyers and sellers that you could communicate with.  Then it got complicated, PayPal got started, and other crooks got in the act to rip you off.  I haven't used it for many years, and never will again.

Then your missing out a lot. 10 to 12 years ago it was all about that thing I found in the attic or basement. If you were eBay, you knew it wasn't going to last long under this premise, so things would have to change. I'm a patient eBayer and I get the heck of great deals from individual sellers. As a buyer and as seller, I can tell you that this is the beast time to be an eBay buyer. Ebay and Paypal are more committed to a good buying experience and they have your back if something goes wrong.

However, as a seller, I don't feel that comfortable. Paypal randomly kidnaps your sales funds for up to 21 days until you actually mail the item(s) and provide the buyer with positive feedback and a delivery confirmation number. That bothers me as a seller, but I don't worry that much because I list something for sale every blue moon.

Give them a try.

Thank you, El Taino.  What you say makes sense, especially that it used to be about "look what I found in my basement."  I used that scenario to my advantage to gradually acquire a near-mint collection of vintage toy ray guns, including the metal "Buck Rogers" guns from the 30's and 40's, which you rarely see anymore, and if you do, they are rusted and pretty much ruined. 

I also scored on a lot of rare items tied to the childrens' sci-fi series shown on TV in the late 40's and early 50's, even a lot of toys that you would send for by sending in a cereal boxtop and a quarter.  Not many of those survived.

What I bought was not cheap, but in the condition they are, you won't find them available for sale today.  I guess a limited number of collectors, like me, bought up all the good ones and will be hanging onto them for many years to come.