kchris73 Posted February 16, 2008 Share Posted February 16, 2008 I bought a CIB 8-bit game on eBay from atarian63: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewI...em=320197740553 The description said: "You are bidding on spinnakers UP for Grabs worrd game for Atari 800/ XL/XE on cartridge.Includes instructions, warranty card and spinnaker brochure." It turns out the cartridge is missing its label. When I try to contact the seller through eBay's message system or the email address provided on the invoice, s/he doesn't respond. Is it unreasonable to assume that the cartridge will have its label? Especially with a seller name like "atarian63", you would think that s/he would know that is a relevant attribute that should have been openly mentioned in the listing. I know the principle of caveat emptor, but this is ridiculous. I feel like developing some multi-question form that I will submit to every eBay seller before bidding, because almost nobody (mobm62 and a few others being exceptions) can be trusted to disclose anything on their own. What do you recommend that I do? Is it unreasonable to leave negative feedback? Quote Link to comment Share on other sites More sharing options...
accousticguitar Posted February 16, 2008 Share Posted February 16, 2008 If the seller does not respond after a few days I would leave negative feedback to warn other buyers. Quote Link to comment Share on other sites More sharing options...
Pipster Posted February 16, 2008 Share Posted February 16, 2008 The only thing you can complain about is their lack of response. There's no mention of condition in the description and as you said yourself 'caveat emptor', if in doubt ask the question before bidding. I say take the rough with the smooth on ebay, sometimes items are considerably better than you hoped for sometimes not. Quote Link to comment Share on other sites More sharing options...
Trade-N-Games Posted February 16, 2008 Share Posted February 16, 2008 At least give it a week for contact. I think its buyer beware if you cant see a picture of all parts and for the most part 9 out of 10 sellers on ebay slide the truth to some point like this. Quote Link to comment Share on other sites More sharing options...
taxman Posted February 16, 2008 Share Posted February 16, 2008 I think there is no excuse for covering up a major flaw such as that. Sure some sellers don't scruitinize as much the condition as they should, but this one is obvious. I would think that the seller would work with you to correct the situation, otherwise I would leave a big fat negative. Quote Link to comment Share on other sites More sharing options...
Pipster Posted February 16, 2008 Share Posted February 16, 2008 (edited) If the cart isn't pictured surely expect the worst and hope for the best? If you're not willing to do that then ask the question before bidding. How many auctions do you see with no description at all? If you look at his other items you'll see pics of both the box and cart, he's just being smart and the buyer didn't ask the question so he wins. One of his other auctions says the item is tested as well so maybe the buyer should have asked that as well. Edited February 16, 2008 by Pipster Quote Link to comment Share on other sites More sharing options...
accousticguitar Posted February 16, 2008 Share Posted February 16, 2008 It's not CIB without a label imo. Quote Link to comment Share on other sites More sharing options...
Prodos8 Posted February 16, 2008 Share Posted February 16, 2008 Did it really cost $9 to ship to you. Unless he responds and at least give you an apology or explains himself, I'd neg him. Maybe he didn't know the cart was supposed to have a label? Quote Link to comment Share on other sites More sharing options...
shadow460 Posted February 16, 2008 Share Posted February 16, 2008 Having a label of some sort is just to be expected. Even if he wanted to list the other items it came with, he should have stated that it didn't have a label. The auction itself sounds deceptive, and potential buyers need to be warned of such deception. Neg him, then print your own label and glue it on. Quote Link to comment Share on other sites More sharing options...
pangasinan Posted February 16, 2008 Share Posted February 16, 2008 It's not CIB without a label imo. The auction doesnt mention CIB Quote Link to comment Share on other sites More sharing options...
Pipster Posted February 16, 2008 Share Posted February 16, 2008 The auction itself sounds deceptive, and potential buyers need to be warned of such deception. Yes it does which is where the phrase "caveat emptor" comes into play. Quote Link to comment Share on other sites More sharing options...
+batari Posted February 16, 2008 Share Posted February 16, 2008 There is a member here named atarian63. Maybe it's the same person? Quote Link to comment Share on other sites More sharing options...
accousticguitar Posted February 16, 2008 Share Posted February 16, 2008 It's not CIB without a label imo. The auction doesnt mention CIB You are right. I would have assumed it came with a label judging by the pic and the description. I would be upset if I bought it. I would still leave a negative if there is no reply from the seller. Quote Link to comment Share on other sites More sharing options...
kchris73 Posted February 17, 2008 Author Share Posted February 17, 2008 Did it really cost $9 to ship to you. Unless he responds and at least give you an apology or explains himself, I'd neg him. Maybe he didn't know the cart was supposed to have a label? The cart he mailed me is just a plain black cartridge; with a seller name like "Atarian63", I think he had to know there is usually some sort of label. For $9, it would be nice to have some follow-up email even if it's just to say caveat emptor and that it sucks to be the eBay buyer who doesn't bother sellers with verification of things that should be taken for granted. Thanks to everyone who responded. It's interesting seeing the various viewpoints. Quote Link to comment Share on other sites More sharing options...
Albert Posted February 17, 2008 Share Posted February 17, 2008 In my experience those labels fall off quite easily. However, the seller surely knew that the label was missing and for him not to describe it as such is being deceptive at best. Also, $9 shipping is crazy expensive, although you knew that up front so you can't really complain about that after the fact. ..Al Quote Link to comment Share on other sites More sharing options...
jetset Posted February 17, 2008 Share Posted February 17, 2008 (edited) $9 to ship something that costs half that....you're just traking your chances since he obviously has no problem with deception to begin with. If you didn't know better than chalk it up to experience. If you have ebayed before, and used the retardo-world thinking of "well I'll just factor the shipping into the price, even if he is robbing me blind on it", then sorry...you kn owingly supported a crook and have nobody to blame but yourself for even bidding being sold by a crook. He deserves a neg just for that either way. Edited February 17, 2008 by jetset Quote Link to comment Share on other sites More sharing options...
kchris73 Posted February 19, 2008 Author Share Posted February 19, 2008 I got an apologetic reply from the seller tonight, saying that he had been on vacation. He offered that I could send it back for a refund (not clear if he would refund the $9 s/h) or we could work out a partial refund. I'd most prefer the label, but if he can't find it, I don't want to waste time mailing back the package (and debating how much of his shipping costs he should refund to me), so hopefully we can quickly settle on a partial refund (I asked him what he thought was fair, since I don't know and want to be decent to him). Quote Link to comment Share on other sites More sharing options...
lemoncurry Posted February 19, 2008 Share Posted February 19, 2008 Not saying this is the case here, but lots of sellers with spotty descriptions are perfectly willing to be all apologetic to the one out of 20 buyers who bother to complain... Quote Link to comment Share on other sites More sharing options...
taxman Posted February 20, 2008 Share Posted February 20, 2008 I got an apologetic reply from the seller tonight, saying that he had been on vacation. He offered that I could send it back for a refund (not clear if he would refund the $9 s/h) or we could work out a partial refund. I'd most prefer the label, but if he can't find it, I don't want to waste time mailing back the package (and debating how much of his shipping costs he should refund to me), so hopefully we can quickly settle on a partial refund (I asked him what he thought was fair, since I don't know and want to be decent to him). This is precisely one of the reasons why buyers shouldn't justify the total cost of an item that has very high shipping. Problem arises and seller chooses to not refund shipping (which a lot do not) and you're screwed. Hope everything works out for you. Quote Link to comment Share on other sites More sharing options...
+LS650 Posted February 20, 2008 Share Posted February 20, 2008 You are bidding on spinnakers UP for Grabs worrd game for Atari 800/ XL/XE on cartridge.Includes instructions, warranty card and spinnaker brochure. I think that for the seller to have gone out of his way to mention that it includes instructions and warranty car, yet not mention the missing label is deliberate deception. I mean, come on... Quote Link to comment Share on other sites More sharing options...
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