What do I do now? (1 Viewer)

[Hector X. Cruz]

I started a thread here a couple of weeks ago looking for a rare Darth Maul subway poster. Luckily, I was pointed to a reputable Star Wars collector's website. I won't post the name, but it is a VERY well-known SW collector's site. From what I know, this guy has a very good reputation.
Anyway, we transacted for the poster, which originally sold for $19.99 in the SW Insider magazine. Given its rarity, I offered $100.00 and he accepted my offer. He told me that it was in mint condition, with only a little rounding on the corners. I figured, since it was going to be framed, I could live with the rounding of the corners.
I paid him via paypal and he readily accepted. He mailed my poster on Friday, August 31st. It arrived yesterday, September 4th. The poster was sent in the original box it came in via US priority mail.
Well, I am now crestfallen. The poster is badly damaged with 2 creases on the rolled poster. This is a massive poster (approximately 2.5 feet by 5 feet) and the creases themselves run horizontally. There are about 15 bad creases, along with some dent cracks in the poster, right in Maul's black cloak, leaving unsightly white cracks.
This was an extremely expensive poster and I don't know what I am going to do. Is it just a write-off? Do I have any course for remediation from the US mail? The box it was sent in was a normal box, though not a sturdy poster tube, and it was stamped FRAGILE everywhere. Do I assume that it was damaged in the mail, or should I be suspect of the sender?
Sad in Chicago,
Hector

[Edited last by Hector X. Cruz on September 05, 2001 at 10:38 AM]

 

[AdrianOC]

Is it possible that the folder was pachaged that way with folds??
Not all posters are in rolled tubes.
If this is a screw up then you should ask for a refund, pure and simple - he just said the corners were damaged, nothing about creases through the poster.
Unless it was insured, you mightn't have any comeback.
------------------
"Want to hold up a bank in Latin?
"Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam."
(I have a catapult. Give me all the money, or I will fling an enormous rock at your head.)
My DVD List
[Edited last by AdrianOC on September 05, 2001 at 10:36 AM]

 

[Hector X. Cruz]

I have e-mailed this person this morning. We'll see if he responds. I did not accuse him in my e-mail, I merely reported what I saw in the box.
My fiance maintains that the poster was already damaged and that I was swindled, but she is more skeptical of people than I am.
I am unsure of whether or not it was insured. I am hoping he tells me.
Any other thoughts?
-Hector
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http://www.dvdprofiler.com/mc.asp?alias=hxcruz&type=A

 

[Hector X. Cruz]

Thanks, Sean.
I had already considered doing that, but I want that to be a last resort.
If I'm going to go with the fix it myself route, I've seen some stores that advertise onling that do poster restoration. Thing is, they do this work on classic, vintage movie posters, so I don't know if they will work on something so new, and so large. Plus, the expense is going to be obscene.
The guy who sold me this runs his own site, and let's just call him "Sir."

He is giving me a hard time about it now, so I may be SOL. However, I feel really let down.
Here's hoping. Anybody else got any ideas?
-Hector
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http://www.dvdprofiler.com/mc.asp?alias=hxcruz&type=A
[Edited last by Hector X. Cruz on September 05, 2001 at 04:44 PM]

 

[Jeff_A]

Hector,
Was the tube itself or the box damaged when you received it? With the amount of damage you have indicated it should be very visible if it was the mail handlers fault - dents, creases, etc... If not, this supplier is full of shit! Regardless, it is up to him to package a sensitive (and valuable) item appropriately. In short, you should have received the item in the condition advertised. My position would be that this ain't over by any stretch PAL!

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The Dark Tower

Roman Polanski's - The Fearless Vampire Killers?

 

[Hector X. Cruz]

Jeff.
There was one inconsequential dent in the box. This was not a traditional poster tube mailing box, it was a long, rectangular box. The poster itself was not very secure within the box, but it looked as if it had been held in the middle by a fist, as the damage is not consistent with the small dent in the side of the box.
To illustrate, the box has a dent that is about 2 inches long. The creases in the poster are about 2 feet long, and the cracks in the poster are down the center, where the dent is in the top quarter of the box length.
I guess I am just venting.
Here is what he e-mailed me about it: (Bold emphasis is mine).
---------------------------------------------------------
The mailer box had absolutely NO damage on it. That is the same mailer
box
it came to me when I got it from the Fan Club and is what is used to
transport posters. It was taken out twice, once when I originally got
it
and another to look at for you. I am not going to ruin my reputation
over
$100 so when I said there was no damage in the mailer box or poster,
there
was none. You did not ask for any insurance so I didn't add any.
I can honestly say I did not inspect every inch of the poster I only
looked at the sides and corners so those "white creases" came like that
when I got it (I am assuming as I didn't notice them). I would notice
any
"extensive" damage.
All I can say is return it and we can go from there. However, I am not
going to pay for damage the post office made. That is what insurance is
for.
I have done plenty of transactions through ebay and I have no negative
feedback and 158 positive so what I am saying is the truth. Look at my
feedback:
-----------------------------------------------------------
I have e-mailed him the following.
------------------------------------------------------------
[Name redacted]:
I have received your e-mails. Thanks for getting back to me.
I understand that your reputation is important to you. I also understand that you feel you sent the poster in good condition. However, I did not receive a good poster. Am I to understand that if I send this poster back to you, that you will not stand by the product you sold me?
That would be very disappointing, because you seem to be giving me no recourse here. From your feedback profile on Ebay, they speak of fantastic service. While I understand that you are not willing to pay for damage you did not cause, this stance creates a possible stalemate. If, as you say, the damage was there when you received it, then that is not the product I wanted. I specifically stated that I wanted a MINT product. Not just, "never been used." My offer, and consequent payment, was contingent on the receipt of a satisfactory product. And I'm not even being nitpicky here - it is a badly damaged poster; and it can't have just come from the one dent in the box. The dent itself is inconsequential.
That being said, I would be willing to send back the poster in the condition it is in. Admittedly the sides and the corners are in the condition you said they were in, so I can't argue with you there. However, if I send it back to you, even with insurance, I have no way of guaranteeing in what condition this poster would arrive; it may even arrive MORE damaged.
I am acting in good faith here. I have no interest in bilking you. I wanted a poster in MINT condition and that is all. A little bit of damage from transit would be understandable, but this had to be OLD damage on this thing. That said, the fair thing for me would be to pay me back my money, I return the poster to you. I am out of a poster and you are out of the original $19.95 you paid for it.
That would seem to be the gentlemanly, fair thing to do. Doing so would spare ill feelings and I would contribute to your positive feedback rating; I would also generate positive word of mouth for your integrity as a business person and fellow SW fan. I would also be more likely to purchase from you in the future.
I am merely trying to appeal to your sense of fairness in this matter, so I hope you understand.
Please let me know how you would like to proceed.
-----------------------------------------------------------
What do you guys think? Was this too rough? I figure it is a firm, but reasonable reply. As soon as he replies, I will post his response. Do I have a leg to stand on?
Remember, I have no way of knowing if the box he sent was damaged by the US mail or if it was already damaged when he sent it; given that, I would be willing to pay for his original $19.95 and the shipping charges, if he would refund my difference, just to settle amicably.
-Hector
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http://www.dvdprofiler.com/mc.asp?alias=hxcruz&type=A

 

[brentl]

If the guy didn't put insurance on the poster I'd wonder about him.
It would only cost a few dollars to cover his ass, ans as you said he only paid $20 bucks for the thing.
Brent L

 

[Hector X. Cruz]

Thanks, guys.
I also wondered why he didn't buy insurance for it, but what are you gonna do?
And thanks Sean, for your input. I was really worried about being non-confrontational, as I don't want this to become too thorny an issue, but I also wanted to be firm.
I will post his reply as soon as I receive it.
Thanks, guys.
-Hector
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http://www.dvdprofiler.com/mc.asp?alias=hxcruz&type=A

 

[Ben Motley]

Hector, the paper tears, or "print cracks", probably can't be helped. they should flatten out (and therefore be better hidden) well under glass, but yeah, they're pretty much there for good. About the "almost-folds". I think I know what you're talking about. The folds are really bends right? The paper hasn't actually been creased, correct? If so I know of something that will certainly do wonders. It does however require destroying the posters original condition, but it sounds like you need to worry more now about presentation and preservation rather than resale value. Go to any framing shop, and they should be able to mount the poster on foam-board. That will certainly straighten out the folds, and also help minimize the visibility of the print cracks. Gennerally, the item is adhered to a quarter inch thick, very stiff foam-board. The process completeley flatens out the poster, and it looks beautiful; NO SAG, ever, if done right. Then, it's ready to be framed, and voila!, no bends, folds, or other unsightly blemishes. The only problem with mounting, is that the poster can never be peeled off of the board without ripping it to shreds, so you'll never be able to sell it on eBay in it's original form. This does devalue the poster, from a "collector's" viewpoint... well, actually, from a "speculator's" viewpoint. Anyway, if the concern is with a good presentation, look into mounting. If the issue is preserving the monetary value of the poster, keep pesterin' that dealer.
Good luck bud.
p.s.,

I also wondered why he didn't buy insurance for it, but what are you gonna do?

Not to side with the dealer, but it's generally the buyer's responsibility to insure purchases. Yes, it's good business practice to inform customers of the option, but it's really the customers job to request it. You kinda gotta look out for yourself regarding insurance. Hey, you've been burned. Chalk it up to experience. You'll know to ask for it on future purchases.
[Edited last by Ben Motley on September 05, 2001 at 11:46 PM]

 

[brentl]

Don't forget that most shipping rates other than lettermail carry insurance anyways.
You could also vacuum seal the poster. It sucks the poster to a half inch thick styrofoam board. The good thing is that you can slice the back of the styrofoam and take the poster off.
Brent L

 

[Ryan Wright]

Yes, it's good business practice to inform customers of the option, but it's really the customers job to request it.

(rant)
I don't agree with this. I insure everything I sell online regardless; the insurance is figured into the shipping costs beforehand and I don't give the buyer a choice. It is my responsibility to get the buyer exactly what he paid for and I don't feel I've fulfilled that responsibility until the item is in his (her) hands. I've never had an item damaged in transit, but if I did, I would immediately refund the buyer's money and take it up with the shipper myself.
A good seller will always put himself in the buyer's shoes. If YOU spend $100 on something and the shipper damaged it, would YOU want to go through the hassle of filing & following up on a claim? No reputable business puts this responsibility on it's customers, and EBay sellers should be no different.
(/rant)
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-Ryan (http://www.ryanwright.com )
Give a man a fish and you feed him for a day.
Teach him to use the HTF and keep him occupied for life.

 

[Hector X. Cruz]

Thanks for your opinions, everybody.
Ryan, I completely agree with you. Of course, I am the one with the problem, so of course I would agree with your sympathetic opinion.
As promised, here is his latest e-mail to me.
------------------------------------------------------------
If I receive the product and it is not as I sent it, I cannot refund you
the money. No one would. It's not how business is done. You did not opt for
insurance so I cannot pay for the mishandling of the post office. Now you
could say it is just my word but as my feedback shows, nothing like this
has ever happened before. I am telling you there was NO damage to the
mailer box nor the creases in the poster when it was mailed out. Usually
(on ebay), I take pictures of all my items but unfortunately in this case,
I did not. Look at my listings, I always state any flaws in the item.
I have no clue what the condition it is now. If I open up the poster and it
is severely creased (there were NO creases on it!), then I cannot accept
it. There were absolutely no creases in it when it was sent. As I stated
before, I only looked at the edges and corners but I would notice a crease
in the middle of it. I am not here to cheat anyone (my reputation rests on
it) but I am not going to be stuck with a poster that was damaged by the
post office (if that is the case). I am not just out $19.95 but I am out a
very hard-to-get poster.
I asked before but you did not answer, where both ends still taped up upon
arrival? Also, I need you to take pictures before you mail it back.
------------------------------------------------------------
The answer to his question is that, yes, both ends of the box were properly sealed. The box has one inconsequential dent in the middle of it, but the creases on the folder are horizontal. The dent would have created a vertical crease on the folder, so it did not come from the box damage.
What should I do?
What do I e-mail him now to get him to see Ryan's point of view?
At this point, I would just like my money back.
-Hector
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http://www.dvdprofiler.com/mc.asp?alias=hxcruz&type=A

 

[Mark Pfeiffer]

Predominantly I have had good luck on eBay, but there have been two times when I bought something where I was not satisfied. One item was a movie poster for which I paid approximately $6. Well, the tube arrived with one of the end seals removed and nothing in the package. I trust the seller sent it--I had purchased a book from the same person and received it without a problem--but didn't think the package had probably been sealed enough. The seller said that she offered to charge me for insurance but I declined and would therefore not refund half of the purchase (which is what I offered as a way of both of us "losing" and "winning"). I wasn't happy but oh well...
Another time I bought a photograph, or at least what was claimed to be. When I received it, it was quite obvious it was a computer scan (and a bad one at that). The seller protested that he had described it, although he hadn't. He did refund my money.
OK, so as pertains to your situation... How much did he charge for shipping? A lot of eBay sellers gouge on shipping costs. Check what the actual cost was (I'm assuming he used one of the USPS' cartons/tubes, which shouldn't have cost anything). If there is a decent discrepancy between the two, I think you could make the argument that you paid x dollars for shipping and it only cost y dollars. The difference could have more than accounted for insurance costs, which would have been a little more than a dollar, I think.
If he still protests, go through eBay and file your claim with them. (Documenting your correspondence with him would help.) You may not get your money back, or all of it, but that may persuade him somewhat. I don't know. I see his side of it to a degree, but if I were in his shoes, I would have taken a little out of my own profit to insure (and ensure) that the poster arrived to you as described (if it ever was in that condition for starters). Good luck.
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Read my reviews at www.dvdmon.com
Most recent reviews: WarGames, Open Your Eyes, Waiting for Guffman, Maelstrom, Diary of a Chambermaid: The Criterion Collection
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[Jeff_A]

Excellent points, Sean! Are you an attorney?

He hasn't a leg to stand on. Refund time, Hector.
------------------
The Dark Tower

Roman Polanski's - The Fearless Vampire Killers?

 

[Hector X. Cruz]

Update!
Here is an e-mail I sent him today:
----------------------------------------------------------
Hi, (name redacted):
As I mentioned, I did not want this to become a thorny issue.
To address your most pertinent question, the box ends were secure and in fine shape. They were still taped. The poster itself was secured by a small section of bubble wrap. There was one minor dent in the middle of the box. The creases in the folder were horizontal. This dent would have created a vertical crease or tear. I have shown this box and poster to several people, all of whom concur that the poster damage DID NOT COME FROM SHIPMENT.
I do not want this to become a he-said/he-said argument or dispute. It is obvious that this will get us nowhere. I can certainly take pictures of both the poster and the box before I send them back to you and I will be happy to do so.
Regardless, it seems we are at a stalemate.
Therefore, I propose the following settlement:
I will return the poster to you. Prior to this, I will take pictures of both the poster and the box. I will most likely mail them to you, since I do not have scanning capability at my disposal. The poster IS creased and damaged, there is no doubt of that. I will pay for the shipping to you. I propose that you refund me $75 of my initial payment as a settlement and to put this deal to rest.
If you agree, please let me know.
------------------------------------------------------------
I thought this e-mail was pretty fair. I was initially going to suggest a refund of $50, but my fiance pushed for a $75 offer.
Here was his ENTIRE response to my carefully worded e-mail above:
-----------------------------------------------------------
Again, I will refund your money 100% if it is in the condition as I sent
it. It is not my responsibility to insure it. That simple.
Please take photos of it before you send it back.
------------------------------------------------------------
WELL. I finally snapped with this e-mail. Here was my response:
-----------------------------------------------------------
I've tried being civil in my writings to you. I try to make my case as a businessperson in a transaction while being a gentleman about the whole thing.
You cannot even be bothered to write more than a few sentences in response to my e-mails. It is obvious that I will send the poster back to you and you will claim that this poster's condition is not the same as when you sent it and you will keep the money and send me back the fucking poster. What the hell good does it do me to take pictures of the damn thing if you are going to just stick by your guns. DID YOU PROVIDE ME WITH PICTURES AND DOCUMENTATION GUARANTEEING THE POSTER'S CONDITION BEFORE YOU SENT IT TO ME? NO. DID YOU CHARGE ME FOR SHIPPING? DID YOU CHARGE ME FOR INSURANCE? NO. IT WAS YOUR RESPONSIBILITY TO SEE TO IT THAT THE MERCHANDISE ARRIVE TO ME IN THE CONDITION ADVERTISED.
YOUR INITIAL E-MAILS STATED "MINT IN BOX." You must have one crazy standard for what MINT is, but it's certainly not this.
You can keep the $100, but it will cost you. It will cost you dents to your precious reputation. I have plenty of time on my hands to spread the word about "Sir Steve" of Sir Steve's Guide. I am going to start threads about your service and the products you stand behind on many, many SW forums and related bulletin boards. To anybody who will listen I will tell them about your crappy attitude towards this whole thing and to be suspect of your dealings.
I will be more than happy now to be your first negative on your E-bay feedback, too. I am also going to, fairly in my assessment, describe your attitude towards this whole mess.
While you may not have any responsibility for insuring the poster, you did not charge me for shipping or anything else. Since you are "Sir Steve", volume dealer of SW memorabilia, I thought you would have experience in this sort of thing and would demand it. At the very least, a GOOD businessperson would be looking to establish customer loyalty and allegiance. Ever heard of "satisfaction guaranteed?"
I have sent now almost half a dozen polite, considerate e-mails, but I can only go so far.
Keep the $100 and enjoy them.
----------------------------------------------------------
So there you have it. His name is " Sir Steve" (actually Steve Comenzo) of sirstevesguide.com.
I am so pissed right now, it's not even funny.
Did I overreact?
-Hector
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[Hector X. Cruz]

UDPATE 2!!
Here was his response to my irate e-mail:
------------------------------------------------------------
The reason I asked for pictures is to ensure it
doesn't get mishandled AGAIN during transportation. I stated I would accept
$100 for the POSTER. I assumed you would included shipping and insurance
with your payment as everyone knows, buyers pay for shipping. I was nice
enough not to e-mail asking for it so I just mailed it. Once it is out of
my hands, my part is done. I cannot help the way (which is what I am
assuming happened) the postal employees handled the item.
My attitude is not crappy. I just cannot do or say much until I see it.
Makes sense doesn't it??
I have
never had problems before. I just pack them as good as I can and mail them
(50% of the people don't want insurance). Up until now, they have all
arrived fine. I guess this time it didn't arrive just fine.
As I stated before, I normally would have pictures of the item (on ebay)
but this was not through ebay. I have learned that I will now take pictures
of the mailer box before I sent it out.
-------------------------------------------------------------
Everybody, I know that I have been wronged here, but I don't seem to have a recourse. I truly appreciate everybody's commentary, but it seems he isn't going to budge.
Not even with my threats to impugn his selling reputation.
Sigh.
-Hector
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[Matt Birchall]

Sorry to hear of your trouble with Steve Comenzo.
Anyone who was around the Star Wars collecting newsgroups on Usenet about three or four years ago could probably tell you another story about Steve Comenzo--where he misrepresented (an understatement) the condition of a particular Star Wars collectible he sold to one of the more well-known vintage Star Wars collectors at that time. It was a bootleg "Uzay" Royal Guard figure, which, apparently, cost the collector a lot more than $100--I want to say it was at least eight-or-nine-hundred dollars. He told her it was in fine condition, and when it arrived, there were staple or pin-holes punched in the card itself several times, and the figure's head was nearly-decapitated from the rest of the figure's body. There were some other problems with it, too, but I can't remember specifically what they were.
Not only did Steve sell her merchandise which wasn't in the condition he told her it would be in, but when she posted on that newsgroup that it was "the" SIR Steve Comenzo, he freaked out and denied that he was the one who sold the damaged goods--it was his cousin, also named Steve Comenzo, who just happened to live at the same exact address.
Needless to say, everyone saw right through this, but he kept on denying it for weeks. I think, after a while (she might have threatened him with a lawsuit--don't remember), the situation was resolved, but it was a big ordeal.
There are other things too--like him putting up pictures of unreleased Hasbro product early on his site when Hasbro specifically asked that the pictures not be posted until a certain date, he was kicked out of Hasbro's booth at the 1999 Denver Celebration for taking pictures/video, and generally being a PITA to the attendees of the show and the Hasbro reps, etc.
This is just another example of how he operates. Personally, I can't stand the man and I visit his site as little as possible--maybe once every two or three months, if that, when he has an exclusive pic or something. Personally, I feel that he is a blight on the online Star Wars collecting community.
Good luck and here's to hoping this matter will be resolved for you at some point. . .
-mwb-
------------------
Obi-Wan (to Anakin):
Why do I think you're going to be the death of me?
Star Wars: Episode II Attack of the Clones
May 22, 2002

 

[Hector X. Cruz]

Matt, that is very, very interesting about Sir Steve Comenzo. Needless to say, I will never do business with him again.
I would figure that the people in the SW collecting community would be looking out for one another.
As an aside, I printed this section of allposters.com's FAQ section.
----------------------------------------------------------How do you package your posters and prints?
Posters and prints are shipped rolled - never folded - in mint condition and in strong poster tubes with healthy amounts of padding to assure their safe arrival. Throughout our storage and shipping process we take exceptional care to assure your order will arrive to you in perfect condition. Of course, if your poster or print arrives damaged, we will provide you a replacement free of charge.
------------------------------------------------------------
Now, admittedly, Steve Comenzo does not specialize specifically in posters, but this is a really nice policy.
I sure wish they would have had the poster.
Sigh again.
-Hector
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[Edited last by Hector X. Cruz on September 06, 2001 at 05:49 PM]

 

[Hector X. Cruz]

Update!
I have e-mailed him the following message.
I have used Sean Con's points about his inspection comments. See, Jeff? Told you I'd use them. We'll see what he comes back with.
------------------------------------------------------------
You mentioned that you admitted that you did not inspect every inch of the poster. How could you tell me then that it was in MINT condition?
The cracks, had they already been there, would disqualify this poster as being a candidate for my hard-earned money. I am not a wholesale buyer of posters, Mr. Comenzo, I am a person who works hard for their money and it WAS your responsibility to thoroughly inspect this poster and do more than just toss it in the mail and wash your hands of it once it was out of sight.
You should have taken the adequate precautions in packaging the poster. Insurance is a final back-up, not the solution. The merchandise should have been properly described, packaged, and shipped. How could you just check the corners and edges and not the entire image?
I appreciate that you were nice enough to not charge any extra for the shipping. In my excitement and zeal over finally locating a mint-condition poster, I neglected to discuss shipping or any ancillary conveyance issues.
Here was my initial e-mail to you:
>Hi, Sir Steve.
>
>I am happy that you replied to my topic. Am I to understand that you have
>the poster? If so, that is very exciting. Can you please give me an idea
>as to what condition the poster is in so that I can extend a fair offer?
>
>I would really appreciate it. Thank you. My e-mail address is
>[email protected]
>
Your response:
Mint, still in the box.
I continued:
I am glad you are willing to part with it for what I offered. I have just
>one more question:
>
>Could you be a bit more descriptive of the corner creases. How far do they
>extend into the main image field? I am going to be framing this poster for
>my home theater and if they will be covered by a reasonable matte (1 cm.
>into the image border), then that should be no problem. However, I am
>hoping they do not extend all the way into the poster
Your response:
The creases are NOT full (or half) creases by any means. They are more like
rounded corners.
I am not satisfied that you properly inspected this poster before shipping it. I will take umpteen pictures of the poster, which regardless of its condition, has been treated with almost archival care since I received it. I will also photograph the box and its pertinent areas of damage. However, it is insulting that I need to photograph the poster for you to understand the situation. You describe MINT, IN BOX. NO FLAWS. The box is NOT DAMAGED! There is no way you this poster could have been described as MINT by anybody who had bothered to thoroughly inspect it.
You were more than happy to accept my $100, but you sure didn't take five freaking seconds out of your day to unfurl the damn thing completely, did you?
There is nothing that will convince me that this poster was damaged by the mail. You don't need to be a forensic scientist to see that.
------------------------------------------------------------
What do you guys think?
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[Brent Cantrell]

Doesn't UPS provide the first $400.00 or so of insurance free? I'm pretty sure they do from the Mailboxes Etc. down the street from me. I'd think that would render the whole 'you didn't say' argument moot.
I buy a LOT of stuff from Ebay, and you should be able to get most of your money back, they're really trying hard to keep their reputation spotless, so if you throw a good fit, stay professional, and keep at it, you should come out ahead.
Best of luck on this.
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