Mailday with help Please guys!

nenjabin · Jun 4, 2007

Got this card in the mail, love it, but notice the damage in the bottom middle which was NOT mentioned in the description! What action do I take? I have requested a refund from the seller and I'll send it back to them, but what if they say no? Help please!

33WING · Jun 4, 2007

That's a great card, it's a shame about the damage. What do people do with their cards to get this way.

Make sure you get some sort of refund. any chance of seeing the link?

AndrewG23 · Jun 4, 2007

you should definetly ask for a refund. if the seller refuses, open a dispute. its a great card but a big shame about the damage.

mattyj · Jun 4, 2007

Ouch, thats no good...hope ya get your refund!

did u pay with paypal?

hobbibox · Jun 4, 2007

heres your auction.
http://cgi.ebay.com/06-07-TRILOGY-C...yZ149918QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

he never mentions the condition of the card and the damage can be seen in the pic I'd say ya chances of gettin anything back are remote as he never said card was in good/great/mint condition. Gotta be careful theres some dodgy ppl on ebay.

bigsarg7 · Jun 4, 2007

great card except for the damage.. Ask them for a refund

Benny J · Jun 4, 2007

Hard luck....all you can do if you want to keep the card is maybe ask for a partial refund??

Dr. Curlytek · Jun 4, 2007

Yeah, it unfortunate but the picture was there for you to see.....doesn't seem likely the guy is going to want to refund and there is nothing legally wrong with the sale.

ScottE · Jun 4, 2007

It's a great card but the damage is nasty. Definately get your money back.

chadjaja · Jun 4, 2007

I would of personally asked about the card from the pic before the auction ended though.

The bigger question is the player selection. Connie Hawkins game is pretty far off that of Korvers and a strange choice of a pairing.

nandalinnaung · Jun 4, 2007

Sorry about the condition of the card.. when very limited card like this is damaged, its a big loss... but the seller should have never sold cards like this in the first place.. it's just tricking the buyers..

i hope u can get a partial refund...

buyingstuffformikelee · Jun 4, 2007

Bugger on the damage.

I had the same thing happen to me, but if it's in the pic, it's tough luck

nenjabin · Jun 4, 2007

Hmmm well we'll see how we go then...guess I'm buggered!

On the plus side, still love the card, just wish it had been mentioned cause I sorta assumed it was on the toploader (although only noticed the auction 12 hours from the end and with time difference I didn;t think I'd get a response back in time so had to make the call)

Maybe I'll get partial refund and keep the card? We'll see, won't make a huge fuss.

Thanks for all the responses guys!

Ersk · Jun 5, 2007

Too bad. But nice card though.

I do not think he'll give you a refund. He did post the pic of the card. He did not describe the item, but gave a pic and the pic does clearly show the damage.

You should have done your due diligence before bidding, that's what I think he'll say.

But, you never know.

If he doesn't give you partial refund, then I think cos it's only /33 and you like it, I'd keep it.

Ersk

sue_7777 · Jun 5, 2007

Thats tough but hopefully he will refund some portion. Great looking cards.

nexxus · Jun 5, 2007

Card would have been sold as scanned, and as he's made no claim about the cards condition he technically hasn't mislead you in anyway, and legally they'd assume you read the auction, and looked at the pic, then bidded accordingly.

Sorry but this one's on you. Had you have asked him the condition of the card, or the mark on the scan, and gotten an answer that didn't accurately reflect the condition, then you'd have some recourse.

geelongfan · Jun 5, 2007

nexxus said:
Card would have been sold as scanned, and as he's made no claim about the cards condition he technically hasn't mislead you in anyway, and legally they'd assume you read the auction, and looked at the pic, then bidded accordingly.

Sorry but this one's on you. Had you have asked him the condition of the card, or the mark on the scan, and gotten an answer that didn't accurately reflect the condition, then you'd have some recourse.

either way its fkin dodgy selling..
should have to state damage in the auction..

Ersk · Jun 5, 2007

geelongfan said:
either way its fkin dodgy selling..
should have to state damage in the auction..

Maybe to be a good citizen, he should have stated it was damaged, but he has not misled any potential bidders. He did put a photo and as it was an open auction, you would be able to ask the seller questions before bidding.

Even EBay says you should ask all questions before bidding on items.

The seller did not say the card was mint and he did not say that it was undamaged.

As an EBay bidder, it is YOUR responsibility to read the item description porperly and ask all questions you need before bidding on the item.

Buy bidding, you are agreeing to purchase the item that is listed. And reading the auction page, he did get what he bid for in the auction page.

In some way, it may be looked upon as smart selling. He listed the item, and it sold the item as listed. It is not his fault that there are many people out there that do not look through the auction page carefully enough to see what is listed.

I know I am one of those who have been complacent in the past, not reading the auction page carefully (regarding auction terms).

Ersk

nexxus · Jun 5, 2007

Which is where you start to walk the line between fraudulent / illegal or just unethical.

Not saying the seller did the "right" thing, surely it should have been classed as "damaged" but he didn't act fraudulently because he didn't actually say anything misleading.

No amount of forum bitching will change that guys!

Ersk · Jun 5, 2007

nexxus said:
Which is where you start to walk the line between fraudulent / illegal or just unethical.

Not saying the seller did the "right" thing, surely it should have been classed as "damaged" but he didn't act fraudulently because he didn't actually say anything misleading.

No amount of forum bitching will change that guys!

Totally agree.

Mailday with help Please guys!

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