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 buffalowoman
 
posted on April 28, 2003 04:57:41 PM new
I recently purchased an item, when it came I was a little upset that I had paid $4.00 shipping for a 50 cent bubble envelope and a 60 cent stamp-but chalked it up to " Ok won't use this seller again" but when I opened the envelope it was not the item I had purchased!
It is a cheap knock off of what I thought I was getting. Auction contained the words "expansion pak" in both title and description and used the brand name. Instead what I received was a no name "booster pak" that does not even fit properly. None of this was stated in the description.
My question is this
1.) TOS states no refunds ( I am waiting for an answer now) if seller refuses to take back the item and refund- is $15.00 worth the hazzle of trying a charge back? Can you even do a charge back if you paid for item with PayPal funds, not credit card?
2.) How do you insure you will get your money if you return the item? When I send it back, what happens if they don't refund?
3.) Should I just "chalk it up to a bad experience" and just leave negative feedback if the seller doesn't make it right-or leave a netrual saying item not as descibed?

I really hope the seller ( who by the way is new-but had no negative feedback-just 2 positives)makes things right. Just want some advance advise in case they don't.
Thanks
 
 tomwiii
 
posted on April 28, 2003 05:24:52 PM new
NO, there is no such ducky as a "chargeback" when paying with yer PP balance

HOWEVER, you should first:

1) Allow seller a few days to make a good-faith chance to cure your complaint...

failing that, you could then file a complaint under...

2) PP's BUYERS PROTECTION PROGRAM!

Just be sure to do it before 30 days elapses!

BTW: if you value the privilidge of a PayPal account, then you should ALWAYS follow thru with the BPP first BEFORE filing a CC chargeback! Failing to do so is an invitation for PP to s-can yer account


Ralphie loves Mr Blonde:
"Are you gonna bark all day little doggie, or are you gonna bite?"
http://tinyurl.com/5duz
 
 stopwhining
 
posted on April 28, 2003 05:33:46 PM new
new paypal policy is that buyer can return item with trackable dc,not sure if paypal will twist seller arm to refund??
this goes under ITEM NOT AS DESCRIBED.


 
 stopwhining
 
posted on April 28, 2003 05:37:06 PM new
does the seller use usps delivery confirmation ,look at the envelope ,is there a paper with bar codes??
if not,then file a complaint with paypal saying you did not receive your item and seller would be asked to prove shipment by producting the dc tracking number.
if she does not use one,then paypal will refund your money in full.
(if she charges you 4.00 and did not use dc,then she gets what she deserves.

 
 buffalowoman
 
posted on April 28, 2003 06:50:01 PM new
Seller did not use delivery confirmation. But how can you claim you did not receive the product when you emailed the seller letting them know there was a problem?
If seller doesn't make good, I will try Ebay's protection plan-but will they bother with such a small amount? Do they even try to get your money back or is that up to Pay Pal?
The seller now has a feedback of 60 with 2 negs. Someone else purchased the same item and left a positive-maybe they don't care that when the pak is mounted you can no longer use the dust cover to protect it. I believe the part will work-it's just that I was led to believe I was buying original parts-not a knock off-it makes a diffrence to me.
My concern is if the seller is this shady with descriptions when I send it back I will never hear from them again-thus be out the money and the part!
 
 stopwhining
 
posted on April 28, 2003 07:49:08 PM new
paypal seller protection policy is cut and dry,they dont read emails between you and your seller.you can argue that you did not get the item you bidded on,after paypal refund you,you can ask the seller if she wants her item back.


 
 buffalowoman
 
posted on April 29, 2003 08:00:46 PM new
Well, seller emailed and said they would refund if I ship item back, but that it is my fault, I should have read the auction ( I buy and sell, have been a member since 1999...I read everything!)
Anyway, I did return item with D. C. so we shall see.
In the meantime, seller now has over 77 feedbacks-but is no longer a regsesterd seller! They just registered this month...does this mean they got suspended? I did read in the Ebay policies that you can not use a brand name if you are not selling that brand name unless it is made clear ( such as ...for a Nintendo)
Doesn't sound to good.
 
 stopwhining
 
posted on April 30, 2003 06:07:58 AM new
i think you can kiss your item goodbye

 
 buffalowoman
 
posted on April 30, 2003 09:04:49 AM new
I'm pretty sure I can kiss my money goodby-Ebay's protection policy is no good for this type of problem. They charge a $25.00 fee to try to get your money back, so if it's under $25.00 no reason to even try.
Seller has been suspended.
Lucky for me we aren't talking mush money $16.00-but I wonder, since seller said they would return my $$$ and I sent item back with D.C. if I don't get a refund-would this come under mail fraud with the Post Office?
I could be wrong about everything-seller may return the money and they may have been suspended for something simple since they are new to Ebay.

 
 buffalowoman
 
posted on April 30, 2003 09:48:49 AM new
I did find this interesting item under mail fraud:

Law Enforcement Efforts to Combat Internet Auction Fraud
February 2000

In only five years, Internet auctions have become perhaps the hottest phenomena on the web. They offer buyers a "virtual flea-market" with an endless array of merchandise from around the world — and they give sellers a "storefront" from which to market everything from sentimental sports memorabilia to sophisticated computer systems.

Every day, millions of items are offered for auction on the Internet; the vast majority of transactions occur without incident. Unfortunately, however, some con artists have identified Internet auctions as an easy way to make a fast buck at the expense of trusting buyers who send a personal check, cashier’s check or money order to someone they don’t know for a product they’ve never seen. Typically, such fraudsters offer goods for sale that they do not have, accept payment for goods they don’t deliver, provide goods that are not as advertised, or fail to deliver goods in a timely way.

On the theory that Internet auction fraud is, like most fraud, best fought on many fronts, the Federal Trade Commission has developed a multi-pronged strategy, Project Safebid, that consists of training, law enforcement and education. The training component of Project Safebid was designed to encourage local, state and federal law enforcement cooperation in the investigation and prosecution of Internet auction fraud. Under the Project Safebid umbrella, FTC attorneys and investigators have conducted training sessions for law enforcement authorities from coast to coast.

The FTC’s Consumer Sentinel fraud database is integral to coordinating meaningful law enforcement efforts. This binational, multi-state computerized consumer fraud database uses the Internet to provide secure access to over 220,000 consumer complaints for over 200 law enforcement organizations across the United States and Canada. Through Consumer Sentinel, the FTC and partner enforcement officials have been able to track complaints about Internet auction fraud, which have escalated from approximately 100 in 1997 to over 10,000 in 1999.

This is the one that pertains to this thread...there were a lot more listed.

Pennsylvania v. Cavanaugh

Pennsylvania Attorney General Mike Fisher reached an Assurance of Voluntary Compliance with Scott Cavanaugh, owner of Cavanaugh Collections, resolving claims that the defendant advertised brand name or authentic trademarked collectibles on eBay, but delivered reproductions or knock-offs. Attorney General Fisher further alleged that Cavanaugh misrepresented the value of the items offered for sale. Under the terms of the agreement, Cavanaugh is required to comply with the Commonwealth's Consumer Protection Law, and pay $1,379.81 in restitution and $260 in investigatory costs.

This case was investigated by the Office of the Pennsylvania Attorney General.

If nothing else, maybe it will throw a scare into the seller if need be!


[ edited by buffalowoman on Apr 30, 2003 04:25 PM ]
 
 buffalowoman
 
posted on April 30, 2003 01:15:41 PM new
I'm sorry about that! I thought I had only copied the part about misreprentation! If anyone can get that long post off here I wouldn't object!
Seems like this just keeps getting deeper. i just found out that this seller was suspended (had a diffrent email address) last Oct! Only way I caught that was the End of Auction notice from seller and the paypal notice had two diffrent addresses. Got the one from the seller after I had paid instantly
 
 stopwhining
 
posted on April 30, 2003 01:37:25 PM new
ebay insurance covers 200,but there is a 25 deductible.
i would just chalk it to experience.
the fact that you return it with dc,just means it has arrived at destination post office.

 
 stopwhining
 
posted on April 30, 2003 01:38:12 PM new
the only way you can get money back is if you have bot paypal insurance for item not as described.

 
 lurkyloo
 
posted on April 30, 2003 02:16:27 PM new
buffalowoman

If you look next to the time/date stamp of your long post, you'll see the word "edit." Just click on that link, and you'll be able to delete whatever you need to out of your post.

Not lurkyloo on eBay
 
 buffalowoman
 
posted on April 30, 2003 04:27:12 PM new
lurkyloo..thanks again-I got most of the long posting out and tried to just leave in what this thread is about.
Thanks again for your help
 
 baylor45
 
posted on May 1, 2003 05:53:28 AM new
I bought two items, seller only shipped one. I emailed seller several times, where is my other one..etc. No response. I went in and did a chargeback with the item not received and got all the money back. Then I emailed the seller and said that I would either pay for the one I got or if she could find it I would pay for both. Bottom line, I got the money back even though I had received half the order. So you should go to Paypal and claim that you did not receive what you bought...because you did not. You received some other merchandise. May be a matter of semantics.

 
 
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