Originally posted by fallenangle
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It should do but I've been caught out myself going to eBay to make a last minute bid and finding I have to login again. With my system and the typical page loading times I've lost out on several items simply because I couldn't get back to the listing to bid in time.
I can't remember if there's any permanent options in the Site Settings relating to login timeouts but might be worth a look just to check that you haven't accidentally ticked a login every session option or something like that.
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Some cheeky blighter on eBay asked me to end an auction early and it put up as a BIN for £10, even though the item routinely goes for twice that amount, sometimes three times as much on a good day. So I replied with the following:
No, sorry, I can't end the auction early and put it up as a buy it now. I seem to have become trapped in some kind of dimensional vortex, where a man with a coffee table for a body denies me the ability to subvert reality. It's a nebulous existence, but I feel that by reading Decartes we can both come to understand the subliminal meaning behind ducklings. I mean, they're so cute and fuzzy, right? I wish my mom had bought me a duckling as pet when I was boy.
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Ebay& Paypal really dont give a f**k anymore do they.
I've now been told I have 1 day less than originally told to get my report from the Police to them otherwise they'll close the case. They also told me that I have to fax all info to them whereas before they said I could fax or send file attatchments, so this means that I'm gonna be out of pocket anyway because of this idiot seller.
His ebay location is in the USA but my empty parcel came from Germany, so either he has a 2nd business in Germany, or he's using a dropshipper, or he's a lieing scumbag & is actually based in Germany but hiking the shipping costs up.
The amount of hoops I've had to jump thru to prove my case is unbelievable.
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This thread is scary and now it's my turn to contribute with a morsel of my personal misery...
I've been looking for a sealed, US copy of 'Mario & Luigi: Partners in Time' for a while and it was soon obvious that eBay was flooded with fake copies of this particular game, mostly from sellers based in Hong Kong, China and Australia.
About two weeks ago, I spotted a copy with a BIN price of $39.99. The seller used a stock photo but he seemed legitimate: he was based in the US, claimed he had an online videogames shop, his feedback was respectable, etc. I bought the game and contacted the seller about my worries, telling him what the telltale signs of a fake DS game were: clear plastic case, poor quality of the printed materials or missing entirely, wouldn't run on a DSi, dodgy shrinkwrap, etc. The seller was a bit non-committal but he emailed me a few photos that, while not of a great quality, seemed to dissipate my fears. The game came in a black plastic case, as per the norm, and it seemed factory sealed in that Y-folded shrinkwrap. I thought I was OK, made my payment and waited for it to arrive.
Guess what? It was a fake, and I knew it from the moment I took it out of the envelope. I didn't even bother to unseal it but the cover and backcover are very dark, Luigi's green clothes are almost black! The shrinkwrap, while Y-folded at the top and bottom, is heat-sealed at the spine.
What should I do?
I could contact the seller but I reckon that someone who has seen a couple of DS games would be able to tell that this one was a fake, especially after the point had been raised.
I could open a dispute but I've read someone on this forum who the same thing has happened to say eBay / PayPal requested him to provide documentation from an unbiased third-party, qualified in the area, to support his claim. How the hell am I going to do that?! I'm also not sure if it's worth the hassle... Who am I kidding, of course it is! I've hounded bigger companies for a lot less! If they want to take my money, I make damn sure they work for it.
Scamming the scammer, i.e. claiming the game never arrived, is out of the question for a number of reasons, the least of which is the fact that he sent it by Priority Mail so, to the best of my knowledge, is back is covered against loss in transit.
Thanks to anyone who can offer some advice on this matter!
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I'd open a dispute right away; you can pull out if it gets to be too much of a hassle but you've nothing to lose and everything to gain.
The thing is that if this has only just occurred under UK consumer law you have 7 days from the date of receipt to return the game for any reason. However, it must be in the same state it arrived - ie. in this case sealed/unopened.
Any UK listing that says 'No Returns' accepted is in breach of this regulation. But whether any of this applies to an US import I just don't know.
What I'd do myself is first contact the seller (via Ebay) to tell him you're dissatified with the game, your reason, and your intention to return it, using a carrier with parcel tracking. Mention that you're keeping photographic records of the still sealed game as proof of its condition before return. Make clear your intention to open a dispute if he doesn't reply within 24 hrs and agree to reimburse you upon receipt of the returned game.
Ignore your deadline, go to Ebay/Paypal immediately and open the dispute, describing the situation fully. Say you are returning the item to the address you have for the seller (mentioning distance selling regulations) and will provide proof that you have returned the game if required.
If you haven't got the address of the seller request that Ebay/Paypal supply you with the details. If they refuse or try to fob you off and can't help respond by stating your intention to take it up with your credit card company. That's of course assuming it's the method you used to pay via Paypal.
Keep all packaging, copies of e-mails and if you can actually photograph the game before sending it back to prove it was unopened and in the same condition it was when received that would be ideal.
Obviously you'll have the cost of shipping inc. parcel tracking to prove it was sent back/received by the seller. But if you have the proof it was returned then you should be able to demand your money back from the seller and if you still get no response, via Paypal when you later escalate the dispute.
All this requires you get things in motion within the 7 day DSR period (assuming if it does actually also apply to imported goods). If it doesn't or the deadline has past you're really much more in the hands of Ebay/Paypal treating your case sympathetically.
Good luck.
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Originally posted by Deuteros View PostI could open a dispute but I've read someone on this forum who the same thing has happened to say eBay / PayPal requested him to provide documentation from an unbiased third-party, qualified in the area, to support his claim. How the hell am I going to do that?!
Originally posted by Deuteros View PostI'm also not sure if it's worth the hassle... Who am I kidding, of course it is! I've hounded bigger companies for a lot less! If they want to take my money, I make damn sure they work for it.
I hope you have more luck than I am right now. Paypal started to change the rules slightly with me with the upload or fax situation, then moved the closing date forward 1 day, then moved it back when I questioned them.
I sent them photographic proof of my case but it couldnt be used in the case (altho they have added it to my dispute report).
I got my fax in 2 days b4 the closing date & emailed them asking for confirmation. I got confirmation. Then the night before the final day they told me I needed to get my fax in by the next day otherwise they would close the case. They also stated a DIFFERENT fax number.
I couldnt get the fax off to them again as it was the weekend & theres no offices open around here, & I dont have any fax facilities in my town that were open.
I swear Paypal were doing all of this craziness in order to get me to give up the case feeling it would be too much hassle, or because they just cant be bothered to do their job properly.
Right now I'm in dispute with them too as they've either failed to look properly or have given me false info. And they took almost 2 days to tell me they hadnt received it which is their fault not mine.
I wiped the floor with them in my last email demanding more time because of their unproffessional working attitude & stalling, & I've asked for a phone number to phone a REAL person on, because emailing is just taking too long for them to respond.
I've also told them if I dont get extra time due to their incompetence then I'll be seeking legal action.
Good luck with yours mate
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I actually went to the Government's website last night that linked to the full published Distance Selling Regulations paper. Almost impossible for the layman to decypher most of it and I couldn't find out how it applied to imports from outside the EU.
But a couple of interesting things in the condensed notes at the bottom of the DSR might be relevant if not to this case then others. I think I've interpretted this correctly but DON'T take the following as gospel without checking yourself.
1). If the seller has not or will not provide the information required by the DSR and this prevents the buyer returning the item within 7 working days the period is extended to 3 months. This seems to mean that if the seller hasn't provided or won't give you a return address you're still OK even if the 7 day deadline has past.
2). More interesting - if the seller has not specified otherwise in the contract (which is what a transaction like this is) the seller is actually responsible for arranging the collection and the cost of the goods being returned.
In other words the specific listing in the case of eBay or, on any other retail/auction web site (and presumably even individuals selling online via a web site like this) must make it clear in the general terms and conditions of the sale that the buyer is required to pay the return shipping charges. Legally, if they haven't, you don't actually have to pay to send the goods back yourself if they are being returned under the DSR.
Obviously you have to keep the items available for return, in good condition and, of course, unused but it is something to think about as both seller and buyer.
I noticed only today on eBay that most pro/shop sellers (at least UK/EU ones) do include very clear statements about this in their buying terms and conditions.
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Originally posted by Tommy Verceti View PostI think you mean my case.
I've contacted the seller and he claimed he didn't knew it was a fake, offered a full refund, etc. I'm still working out the details with him but he seems genuine, so I haven't opened a dispute yet. I thought that could do more harm than good, maybe add a few unnecessary steps or even let him walk away due to some technicality. Am I weakening my case?
Thanks to everyone for the help!
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Originally posted by cutmymilk View PostHe may just give you a refund to avoid any hassle. I got one when I was sent a rental copy of a dvd when I'd bought retail. Didn't have to return it either.
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Originally posted by Deuteros View PostI was actually thinking of this case, which I found while searching the forum for help. The problem you had (at least this more recent one) is a bit different from mine. I was left wondering whether I had been intentionally scammed or not. In your case, there's no question! Sending an empty package is as low as it gets.
I've contacted the seller and he claimed he didn't knew it was a fake, offered a full refund, etc. I'm still working out the details with him but he seems genuine, so I haven't opened a dispute yet. I thought that could do more harm than good, maybe add a few unnecessary steps or even let him walk away due to some technicality. Am I weakening my case?
Thanks to everyone for the help!
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That was the point I was going to make and opening a dispute won't (or shouldn't) affect the seller's behaviour if he is genuine. If you're in contact with him now and he seems OK maybe best not to open the dispute immediately.
But if he's not issuing the refund until the item is returned and there's a chance that by the time he receives it the deadline for opening a dispute will be reached you must log a dispute with Ebay/Paypal in time.
Explain to him that's what you will need to do even if this has been caused by a postal delay (very important to consider that possibility in the light of the UK postal situation).
If he issues the refund as he should the dispute will be automatically cancelled and as far as I'm aware that ends the matter. It's up to you what you mention in the feedback, When there's been a problem like this and the seller appears honest and has been communicative and friendly I always give them the benefit of the doubt. They'll get positive feedback and I won't detail why the refund was issued.
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