Opinions needed on an ebay deal gone south

Discussion in 'Archived Threads 2001-2004' started by DennisHP, Oct 30, 2001.

  1. DennisHP

    DennisHP Second Unit

    Joined:
    Aug 6, 2000
    Messages:
    352
    Likes Received:
    0
    I recently sold a FLAWLESS Dual-Tray DVD player on ebay. I shipped USPS Priority with insurance and delivery notification at my expense in a Dishnetwork receiver box with all the packing. The buyer receives it and says it's broke; it keeps switching back and forth from tray to tray and will not accept any DVD. The buyer then takes it in to Best Buy and their "Tech" verifies that indeed it will not accept a DVD.
    So the buyer ships it back. But when I look at the player, it is obvious that it has been opened and now has scratches where someone pried on it to get it open. It shows other screwdriver marks along the bottom like someone didn't know how to take off the hood and also has a small dent in the hood. Upon questioning the buyer about the scratches, he admits that the "Tech" at BB opened it but knows nothing about any scratches.
    What would you do?
     
  2. Brad_W

    Brad_W Screenwriter

    Joined:
    Sep 18, 2001
    Messages:
    1,358
    Likes Received:
    0
    That's really lame. Is he asking for his money back? If it worked when you had it and now it doesn't, it would be harsh to give him his money back when obviously something happened on his end. If he is demanding his money back, get it fixed, and give him the money minus the cost of fixing it. If he doesn't like it, send it back to him and tell him to get it fixed.
    ------------------
    "I was born to murder the world." -Nix (Lord of Illusions)
    My Home Page http://www.geocities.com/masternix/DVD.html
    My List O' DVDs:
    http://www.dvdaficionado.com/dvds.html?cat=1&id=meshuga
     
  3. Jeff Ulmer

    Jeff Ulmer Producer

    Joined:
    Aug 23, 1998
    Messages:
    5,584
    Likes Received:
    0
    If the unit worked when you shipped it, and didn't when it was received, then, assuming your packing wasn't the fault, it got damaged in transit, and you should be pursuing the insurance claim.
    However, since the buyer tampered with it, you have no idea when it became nonfunctional (I'm assuming it does what he claiims it does), and it should be the buyer's responsibility. He had the option of simply returning it to you as it was received. Expecting you to pay to have it repaired after it has been physically damaged by him is pretty lame. By opening the unit he has accepted ownership. It's his problem now. If you want to be a nice guy you could cover shipping back to him, otherwise I'd charge him for it.
    Refunding his money should not be an option. You wouldn't buy a car, drive it into a lightpost then ask for your money back and expect to get it.
    PS. Had he taken it to an authorised service center, it might be a different story. He might as well have taken it to McDonalds to have them look at it.
    ------------------
    Zardoz Online | Burt Lancaster is The Swimmer | dOc
    [Edited last by Jeff Ulmer on October 30, 2001 at 12:02 PM]
     
  4. Ryan Wright

    Ryan Wright Screenwriter

    Joined:
    Jul 30, 2000
    Messages:
    1,875
    Likes Received:
    0
    He should never have opened it and you are within your right to charge him for return shipping and refuse to refund his money. Unfortunately, you have to decide whether you want to preserve your feedback rating over this jerk.
    Personally, I would persue a claim with the shipper. Call (don't email) the buyer and talk to him. Tell him the item was working fine when you shipped it, and that you are sorry it did not work when it arrived. Explain that you are in a difficult situation right now because he or someone else opened the item and physically damaged it even further. Tell him if he would have shipped it back immediately, you would have refunded his money, but since he opened it you cannot be sure whether the item was damaged in transit or not.
    Then say something to the effect of, "I want to make this right for you, however, so here is what I'm going to do. I am going to file a claim with UPS for the cost of the item. When the claim has been paid, I will send you your money and will also reimburse you for the shipping charges in returning the item to me. However, if the claim is denied because the item has been opened, I will have no choice but to send it back to you at your expense."
    Then stick with it. If he throws a fit, does not agree to this, or leaves negative feedback, then charge him for return shipping and don't refund his money. Document everything and include a link in your feedback reply so other potential buyers can get the full story.
    ------------------
    -Ryan (http://www.ryanwright.com )
    Before you criticize someone, walk a mile in their shoes.
    That way, when you do criticize them, you'll be a mile away and you'll have their shoes.
     
  5. Brad_W

    Brad_W Screenwriter

    Joined:
    Sep 18, 2001
    Messages:
    1,358
    Likes Received:
    0
  6. DennisHP

    DennisHP Second Unit

    Joined:
    Aug 6, 2000
    Messages:
    352
    Likes Received:
    0
    I apprecitate the comments so far. The buyer is being real nice so far; probably because I have his money. I also checked with the PO and according to their policy, the buyer should have generated the claim. Now that it has been shipped back to me, they're saying there is no way to say for sure where the damage occured; ie in shipping or the hands of the buyer or the BB "Tech".
    BTW, does anyone know if Best Buy is an authorized repair shop for Toshiba? Perhaps they had no right getting into the player in the first place; if indeed it was BB who opened it up and scratched it.
    Thanks again.
     
  7. Philip_G

    Philip_G Producer

    Joined:
    Nov 13, 2000
    Messages:
    5,030
    Likes Received:
    0
    I'd say it's a no brainer, the item was shipped out in one condition and came back in a different condition, he's responsible for that change, by having the dvd player opened up he bought himself a dvd player.
     
  8. Michael*K

    Michael*K Screenwriter

    Joined:
    May 24, 2001
    Messages:
    1,806
    Likes Received:
    0
    quote: Unfortunately, you have to decide whether you want to preserve your feedback rating over this jerk.[/quote]
    When did the auction end? Unless eBay has changed their policy, you can't leave feedback for someone if it's over 30 days since auction's end. If it's beyond a month, the buyer can complain directly to eBay, but he can't post negative feedback for you.
    [​IMG]
    ------------------
    --Mike
    Amazon Hot 100 DVD's
    [Edited last by Michael*K on October 30, 2001 at 02:17 PM]
     
  9. Brian Perry

    Brian Perry Cinematographer

    Joined:
    May 6, 1999
    Messages:
    2,807
    Likes Received:
    0
    Michael,
    I believe feedback can be left up to 90 days after an auction ends.
    ------------------
    Home Theater Pictures
     
  10. DennisHP

    DennisHP Second Unit

    Joined:
    Aug 6, 2000
    Messages:
    352
    Likes Received:
    0
    If getting screwed is how you maintain positive feedback then they can give me all the bad feedback they want. Limited, of course, to the 128 characatures eBay allows. I'm just about done with eBay anyway. There's too many flaky people selling crap for gold and too many bidders who don't pay.
     
  11. DonnyD

    DonnyD Screenwriter

    Joined:
    Jun 12, 1999
    Messages:
    1,145
    Likes Received:
    0
    Any "tech" would have known how to "get into" the case and would not have had to scratch or dent anything. This was obviously the buyer who performed this surgery.... with a pick ax or something. The buyer is just trying to shift the blame to a third party who cannot be held responsible therefore leave you holding the bag...... As someone stated earlier, it was the buyers responsibility to file a damage claim and he probably knew this and could not substantiate the claim.
    I fully believe the buyer caused the damage. You should not feel responsible and should not refund any money.
    ------------------
    "I am part of all that I have met, yet all experience is an arch wherethru gleams that untraveled world whose margin fades forever and forever...."
     
  12. MickeS

    MickeS Producer

    Joined:
    Jul 24, 2000
    Messages:
    5,058
    Likes Received:
    1
     
  13. DennisHP

    DennisHP Second Unit

    Joined:
    Aug 6, 2000
    Messages:
    352
    Likes Received:
    0
    I just sent the buyer an email stating I could not refund the money because he authorized opening the unit. I did state that I would send him back the unit at my expense and I believe that to be more than fair. I'm fairly sure I'll get some shitty email back calling me names and threatening me with a lawsuit although, as mentioned earlier, he seems like a very nice person.
     
  14. Henry Gale

    Henry Gale Producer

    Joined:
    Jul 10, 1999
    Messages:
    4,628
    Likes Received:
    1
    Don't base your decision on the possibility of negative feedback. Your overall record will speak volumes about what kind of "ebayer" you are.
    I have 102 positives and 1 negative of which I'm quite proud. A seller (who got his money quickly) sent me a book that was in much worse condition than described. Cut out photos, ripped pages, etc.
    He would not respond to my email so I spent my 80 characters of feedback comment carefully. He reacted in kind in the comment section. I still smile every time I read it.
    Jim
     
  15. Jeff Ulmer

    Jeff Ulmer Producer

    Joined:
    Aug 23, 1998
    Messages:
    5,584
    Likes Received:
    0
    I also wouldn't worry about negative feedback. You have last say, and can easily counter in tone whatever feedback is left. If the guy rips you, you just state that the buyer tampered with and damaged the product, so you couldn't refund his money.
    If you keep it, it has been devalued. I'd send it back freight collect unless you authorized its return after he said someone screwed around with it.
    Ah, the joys of ebay. [​IMG]
    Would you like fries with that?
    ------------------
    Zardoz Online | Burt Lancaster is The Swimmer | dOc
     
  16. DennisHP

    DennisHP Second Unit

    Joined:
    Aug 6, 2000
    Messages:
    352
    Likes Received:
    0
    Well the buyer email'd me back saying he totally understands my position of not wanting to refund his money and did not want to take me up on shipping the unit back to him. Definately NOT what I expected. I believe he was trying to play the guilt card on me by saying "So, keep the player (it's no good to me broken) and if you truly believe I damaged the player, keep the money I sent you for it. Were I come from, that is the right thing to do."
    However, since I believe, and my belief is supported here, that it was his responsibility, I'm not going to refund his money. In retrospect, I should have also written down the serial number of the unit prior to shipping just in case.
    While I'm not saying this is the case here, whats to stop someone from buying a broken piece of electronics, winning a bid on ebay for the identical unit, and then telling the seller the unit they shipped you was broken and send you back the bad one?
     
  17. Jeff Ulmer

    Jeff Ulmer Producer

    Joined:
    Aug 23, 1998
    Messages:
    5,584
    Likes Received:
    0
    You know, I was going to say something along the lines of what you said - whose to say he didn't swap serial numbers and return a stolen one to you?
    If he says keep it, then keep it. You didn't break it, and I assume didn't demand it returned. If he gives you a hassle with feedback, just respond the unit was returned damaged and you were told to keep it.
    ------------------
    Zardoz Online | Burt Lancaster is The Swimmer | dOc
     

Share This Page