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Question about refunds/returns


jetset

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So I sold a Sega CD on Ebay. The pic shows the disc, pretty clear, not scratches or imperfections on the disc. A few minutes before the auction ended, the guy who ultimately won asked if there are any scratches on the disc.

 

"None that are visible. One of the pics shows the surface." was my reply. Here's a shot from the auction of the disc I sent;
DW1.JPG.446da899472d57852a8a84b0f920b734.JPG
 
He sent back these two pictures, saying this is the disc he says he received; Clearly, he switched the disc. This is 100% NOT the one I sent. He said the game did work, but says he is "very disappointed", and wants to get a refund. I know I've been scammed, and it's not a ton of $$ but $##@!@#! I'm pissed.
I don't suppose I have any recourse?
 
s-l1600.thumb.jpg.65e20203c73b3a1b81752c0c6a2fd428.jpg  s-l1600A.thumb.jpg.91c2352c157a7c49fd4005c422b12a38.jpg
Edited by jetset
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1 hour ago, nopaybob said:

Your pic isnt any good, could easily be the same. Any used disc will show something with the light glaring on the disc like in his pics.

 

Thanks, though that is not my question. I know the disc I sent. Those pics are of a different disc.

So as to my question, would I have recourse with Ebay? My big mistake was answering a last minute question and saying there are no visible scratches instead of "Look at the picture, that it the disc I am selling."

Thanks for the info all the same.

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6 minutes ago, nopaybob said:

the buyers a D. with unrealistic expectations , The disc works, I'd ask him to return for a full refund and I'd pay the $4 to get it back so the fker didnt get it for free. As a seller on Ebay you have no recourse.

That's what I was afraid of. The "seller does not accept returns" doesn't mean anything does it? From now on my auctions will have a *AS IS - NO REFUNDS*. Or does that not even protect me?

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5 minutes ago, nopaybob said:

Nope that wouldn't work either. I'd list cd's working with light scratches or rate other items a lower condition than they are then put up good pics so they can judge for themselves.  

 

Yep but unfortunately that didn't help. ☹️

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I mean to me the plastic on the centers of both look different. Would help if you had better pics of it yourself.

I would fight it saying it's a different disc and the plastic rings and such in the middle are different.

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3 hours ago, nopaybob said:

the buyers a D. with unrealistic expectations , The disc works, I'd ask him to return for a full refund and I'd pay the $4 to get it back so the fker didnt get it for free. As a seller on Ebay you have no recourse.

Problem is they'll send back the shitty disc and jetset will be stuck with their garbage. This happened to me years ago for a $150 phone. T-Mobile wing. I still remember. It left a terribly salty taste for eBay for me. The buyer sent me back a garbage phone and since I was still new to selling phones, I did not annotate the IMEI in the sale. As soon as I got back "my phone", they got their money. Mind you this was over a week after they got it, and said it "stopped working".

 

You could try the return for full refund option but be prepared to get back the disc that was not what you sent. You could still argue at that point but they'll basically give the buyer their money back the day you get the delivery. 

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Unless you can prove that is not the same CD, you are pretty much at eBay's mercy, which is unpredictable.  I have been screwed both as a seller and buyer over bullshit.  I assume you do not have a better or higher-resolution picture of the CD before you sent it, do you?

3 hours ago, jetset said:

The "seller does not accept returns" doesn't mean anything does it? From now on my auctions will have a *AS IS - NO REFUNDS*. Or does that not even protect me?

It really depends.  You can press that point with eBay, but the buyer is going to press the pictures, saying that what he received was not what was in the pictures, which would constitute a fraud on your part.  If, as has been said, you tell him to send the disc back for a full refund, stipulating he has swapped discs, you will be left with the damage disc.  Unless you can prove with enough convincing evidence that a swap has occurred.  eBay is likely not going to satisfy you, so you would have to file a case in small claims court against the buyer.

 

What game was it?  Was it Chuck Rock?  Because that is the SegaCD game he is holding.

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43 minutes ago, OLD CS1 said:

Unless you can prove that is not the same CD, you are pretty much at eBay's mercy, which is unpredictable.  I have been screwed both as a seller and buyer over bullshit.  I assume you do not have a better or higher-resolution picture of the CD before you sent it, do you?

It really depends.  You can press that point with eBay, but the buyer is going to press the pictures, saying that what he received was not what was in the pictures, which would constitute a fraud on your part.  If, as has been said, you tell him to send the disc back for a full refund, stipulating he has swapped discs, you will be left with the damage disc.  Unless you can prove with enough convincing evidence that a swap has occurred.  eBay is likely not going to satisfy you, so you would have to file a case in small claims court against the buyer.

 

What game was it?  Was it Chuck Rock?  Because that is the SegaCD game he is holding.

 

No it was Dark Wizard. How do you know it is Chuck Rock?

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Are you certain? I just took a snap of one of my other copies of Dark Wizard. The numbers actually look alike…

And…regardless of what he claims, is t the fact (assuming it is fact) he misrepresented the disc I supposedly sent…isn’t that alone an attempt at fraud? 
 

 

F4AD3B50-67ED-4DEB-8919-D0AF8B18CEB3.jpeg

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Fuck, no you are right.  The image I posted is actually better than the image I was working with, and it is clearly not a "03..." but "02..." or "05...".  The second digit in his picture, though, does not look sharp enough to be a 5, but it could be the print and it does make sense to be a 5 given the writing direction.

 

This is frustrating.  Yes, if he swapped the disc that would be fraudulent, but, again, whoever makes the claim would have to prove it.  eBay could say that if the photos you posted are not of the item, then of course the item he shows would not be the same.  But, they could also side with you and reject his claim.  Like I said before, eBay is unpredictable in that regard.  You may have lost this game.

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2 minutes ago, OLD CS1 said:

Fuck, no you are right.  The image I posted is actually better than the image I was working with, and it is clearly not a "03..." but "02..." or "05...".  The second digit in his picture, though, does not look sharp enough to be a 5, but it could be the print and it does make sense to be a 5 given the writing direction.

 

This is frustrating.  Yes, if he swapped the disc that would be fraudulent, but, again, whoever makes the claim would have to prove it.  eBay could say that if the photos you posted are not of the item, then of course the item he shows would not be the same.  But, they could also side with you and reject his claim.  Like I said before, eBay is unpredictable in that regard.  You may have lost this game.

 

No problems. I very much appreciate you offering to help. ;) 

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1 minute ago, jetset said:

No problems. I very much appreciate you offering to help. ;) 

Good luck with it all.  Maybe find his social media and see if he ever bragged about his SegaCD collection, or bitched about his Dark Wizard not working (giggedy.)

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On 8/3/2022 at 4:00 PM, atari181 said:

I would call this number 866-540-3229.  This should get you to a live US representitive, explain the situation and they will ask you to submit the pictures to them.  I would say you have very little chance winning against a refund request unless you call.

Interesting.  ✍️

@jetset Any updates? 

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11 minutes ago, OLD CS1 said:

Interesting.  ✍️

@jetset Any updates? 

 

No, I emailed the dude back on the 31st and said to file a claim and send it back, and that the return shipping cost is on him. Haven't heard back. I had offered to swap it out for another copy, he said he'd think about it, then emailed and said he was disappointed and didn't want a swap, he preferred a refund. That's when I realized for sure he's pulling a fast one. My only hope is he delays filing past 30 days, but even then I'd wager Ebay will side with the buyer. Live and learn I guess.

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On 8/3/2022 at 4:00 PM, atari181 said:

I would call this number 866-540-3229.  This should get you to a live US representitive, explain the situation and they will ask you to submit the pictures to them.  I would say you have very little chance winning against a refund request unless you call.

 

 

Wow thanks! I'm keeping an eagle eye on my email for any info from Ebay. If he files I'll definitely call them. Funny, I had a thought to just put a tiny mark on the front side of the disc (not that it would protect me) in case someone tried to pull this. My biggest mistake was answering him right before the auction ended telling him there were no visible scratches. He did email and say the game worked fine, but I doubt Ebay will side with me at any rate.  :(

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Meh...I just accepted the return. No sense trying to fight it, I read Ebays T&C, they pretty much say the buyer can say whatever they want, and Ebays money back guarantee "protects" the buyer even if it's clear they are pulling a fast one. This guy scammed me and that's that.

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1 hour ago, jetset said:

Meh...I just accepted the return. No sense trying to fight it, I read Ebays T&C, they pretty much say the buyer can say whatever they want, and Ebays money back guarantee "protects" the buyer even if it's clear they are pulling a fast one. This guy scammed me and that's that.

After I got punked a long time ago, I started taking comprehensive photographs of high-value items and video of the items being boxed to keep as evidence in case something like this would happen.  This would allow me to go to small claims, if necessary, and smack down fraudsters.  It is a shame we have to go through such lengths.

 

The worst that has happened to me since is a guy left negative feedback because I would not assist him in loading an unlicensed copy of Windows on a laptop I sold him with Kali Linux loaded.  First eBay said that they would take it down in light of the communications between us, then they said, no, the feedback represented his opinion and would stand.  But, eBay also said I could post a response in which I made note of his demands.  Sadly, responses do not reflect in the buyer's feedback.

 

There are some real dirt-bags out there. eBay is not a community.

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