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Discussion Starter · #1 · (Edited)
if you bid and won a car on e-bay that was listed as being in "mint condition" in a factory sealed package, what would you do if you received the car and it had a bent axle, paint flaking off, particles trapped in the paint, light scuff marks on the roof, and a few other minor things wrong with it??? this isn't a $5 regular as i paid close to $100 for this car.

the flaws are not the fault of the seller but should the seller be held accountable for listing the car as "mint" without taking the time to briefly look at the car before he decided to list it is "mint" being as there were obvious flaws that could easily be seen looking at the package?

i told the seller that if it were only one or two minor flaws, i could live with that but the car has some serious issues. i then asked the seller to give me a full refund and i would send the car back in return and that i would also cover the shipping cost to send it back. the seller refuses and told me that the car is mint because it is new and came from the factory that way, regardless of the actual condition of the car, it is not his fault that there are flaws so he shouldn't be held accountable even though he listed it as "mint".

i replied by asking him that if there were missing wheels, broken windows, if the base separated from the body, would he still consider a car to be mint? he just resorted back to the fact that the car was new, in a factory sealed package, he is not responsible for the flaws because it came like that and that as long as it is new in the package, the car should indeed be considered mint.

the seller is also trying to twist my words around by saying that i removed the car from the package and noticed these flaws so there is no way he should take it back being as i opened it. i never said i opened it. i did say that i was going to consider trying to touch it up and correct some of the flaws myself but for the amount i paid for the car, i decided not to.

what would you guys do if you were in my shoes? i was very polite explaining where i was coming from to this seller but he immediately got defensive and is trying to turn the blame around on me like i am just being picky. it has gotten real ugly since my initial attempt to contact him.
 

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Discussion Starter · #3 ·
davidj said:
Did he have a refund policy stated in the auction?
no, but the item was described as being in mint condition and it was not in mint condition. he feels that because it is new, it is mint, regardless of the actual condition of the car.
 

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If he is not willing to discuss terms of making the situation right, then I would contact e-bay and try to get it resolved. He is obviously in the wrong labeling a car with obvious flaws as mint. Best of luck with the situation
 

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There are a lot of unscrupulous people in the world, I believe you are dealing with one of them now. If he got it off the pegs to resale, he should not have bought it in the first place with all those defects, shame on him. If he bought it with the defects knowing what he was going to do, then shame on him big time. If he got it out of a case he had bought and it was like that then he should of just ate it and not tried to pawn it off as being mint in package. If he had listed the defects then it would of been up to the buyer to decide to purchase or not.
Shame on Pewter for not asking? NO! Why should he have to ask, it was listed as "mint".
This guy misrepresented the auction, it should have been stated if there were defects on the car weather it was in the package or loose. I think he's trying to screw ya! :cry: Good luck and hope it comes out right for you.
 

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maybe what he conciders "mint condition" is the condition of the package, not the car itself?

I see lots of listings for cars and all they say is "mint card" never seen one that said "mint car" unless it was out of the packaging, and you had to show it wasn't "played with by kids"

Don't get me wrong, not backing the seller in any way, he should work with you on it, i mean you even offered to end it back atno charge to the seller, just to get your money back. thats the problem i have with. he should just give you your money back, take the car back, and just relist it.
 

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TheDarkCutlass said:
maybe what he conciders "mint condition" is the condition of the package, not the car itself?

I see lots of listings for cars and all they say is "mint card" never seen one that said "mint car" unless it was out of the packaging, and you had to show it wasn't "played with by kids"

Don't get me wrong, not backing the seller in any way, he should work with you on it, i mean you even offered to end it back atno charge to the seller, just to get your money back. thats the problem i have with. he should just give you your money back, take the car back, and just relist it.
and include a list of the defects on the relisted auction
 

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Discussion Starter · #8 ·
TheDarkCutlass said:
maybe what he conciders "mint condition" is the condition of the package, not the car itself?
the seller stated that the car was mint in a dead mint package. there was a crushed corner on the package that the seller noted. this tells me that the condition of the car was mint. the sad part is.... his exact response was

"I did describe everything to the best of my abiliaty in the auction. No one i know inspects a car as much as you just did. I looked at the car and it was still attached to the box the way it came from the factory and that is what i based my description on" so because it is attached to the box the way it came from the factory, that means it is "mint"? :rolleyes:
 

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Well, after reading the situation here, and the other board,I do agree that no matter what advise that you recieve, this is a situation that has to be worked out between buyer and seller. With both parties being board member in good standing, I dont want to take sides, however I would think that if the buyer was not satisfied with the product, that the deal should be reversed. If the seller had a no refund policy, it should have been stated in the auction. But the final decision is still up to the seller.
 

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If he advertised it as mint then it should look that way. Everyone knows the definition of mint when dealing with diecast (there may be small variations in the exact definition). If there are that many obvious flaws and you are unhappy with it he should provide a refund.
 

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and that is why I NEVER describe and car or card as mint in an "ebay" auction. There is always someone picker that you are and I just take multiple good pictures and let the buyer decide the condition

If you call a car mint in package it dang well better be perfect!
 

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Mint car means mint car. Factory sealed means factory sealed. These are two different meanings.
If the car was advertised as being mint then the car should be mint regardless if the package is sealed.
 
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The word 'mint' gets thrown around far too much (not pointing my finger!). The seller obviously doesn't equate 'mint' with flawless, but the buyer does.

The unhappy buyer stands willing to eat the return postage. I think the seller needs to step up and offer a refund. After all, we're talking about fellow board members, right?

In cases of refund, does e.bay cancel the transaction fees? If not, perhaps a refund minus the fees would be fair to both sides.
 

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Discussion Starter · #15 · (Edited)
to give you guys an update. the seller refused to let me return the car for a refund. i exhausted all attempts to give him the chance to make it right. he chose not to so i left him with negative feedback. in retaliation, this jackass left me negative feedback in return stating that i am a picky crybaby and not to deal with me. he also thanked me for giving him the opportunity to scar my 100% positive rating with a negative.

he is the typical con artist who knew he was selling crap and held my feedback as ransom even though i paid immediately after the close of the auction. it is quite obvious that he was glad to get rid of the car for the price he did knowing it had issues. i honestly believe if he thought i was just being picky, he would have taken the car back and returned my money.

oh well, i'll live with the 99.7% positive rating. ;)
 

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Since e--- can't/won'treally enforce any kind of policy on description that relies on the honesty of the seller, I suspect you might be out of luck. You have nothing to lose by filing a claim, so I would try that, especially since you have paid alot of money for a substandard product that was clearly [b}NOT[/B] what was advertised. It is kind of crummy how sellers will interchange MIP, MIMP, NIP, etc., and act like they all mean the same thing as long as something is new and unopened. Good luck!
 

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You brought up another interesting point in regards to feedback. I know we have hashed this problem in the past but it really ticks me off when sellers will not leave feedback until the buyer does. It defeats the purpose of the feedback system when the seller can levy the threat of negative feedback against the buyer who has met their end of the deal. :mad: :mad: :mad:



I also wish that you would let us know who the seller is so I can steer clear.
 

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Pewter02WS6 said:
to give you guys an update. the seller refused to let me return the car for a refund. i exhausted all attempts to give him the chance to make it right. he chose not to so i left him with negative feedback. in retaliation, this jackass left me negative feedback in return stating that i am a picky crybaby and not to deal with me. he also thanked me for giving him the opportunity to scar my 100% positive rating with a negative.

he is the typical con artist who knew he was selling crap and held my feedback as ransom even though i paid immediately after the close of the auction. it is quite obvious that he was glad to get rid of the car for the price he did knowing it had issues. i honestly believe if he thought i was just being picky, he would have taken the car back and returned my money.

oh well, i'll live with the 99.7% positive rating. ;)
I hate dumb people like those on E-Bay, and am sorry to hear the idiot wouldn't work anything out with you. In nearly 2500 feedback and six years of selling on E-Bay, I have three negative feedbacks. All three of these came as retaliation from the bidders because I left them bad feedback since they didn't pay (and I gave them a more than reasonable amount of time). Now that happened years ago, but I still hate idiots like them and the seller you, unfortunately, had to deal with.

I always describe anything I sell very carefully, and if for some reason it does come damaged because of the post office (which is not very often, thankfully), I always work with the bidder to come up with a partial or full refund based on the circumstances of the situation. :thumbsup:
 

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i'll tell you who the seller is.....its me THE*HOTWHEELS*HOTTIE

HERE IS A LINK TO THE AUCTION SO EVERYONE CAN SEE WHAT I PUT IN THE DESCRIPTION.

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=190083631158

I DID NOTHING WRONG AT ALL. I TOOK GREAT PICTURES AND DESCRIBED THINGS GOOD. IF YOU LOOK AT THE WHEEL THAT HE IS COMPLAINING ABOUT I THINK YOU WILL SEE FOR YOURSELF THAT THE CAR JUST LOOKS LIKE IT MIGHT BE LOWERED IF ANYTHING.

I HAVE SOLD TO MANY OF YOU BEFORE SO I KNOW YOU KNOW THAT I AM A STAND-UP GUY WHO SELLS GOOD PRODUCTS BUT I WILL NOT LET SOMEONE TELL ME THAT I BETTER TAKE THIS BACK BECAUSE IT DOES NOT MEET HIS STANDARDS.. I DONT CARE IF HE PAID $1.00 FOR THE CAR......NOTHING WOULD MAKE THIS GUY HAPPY NO MATTER WHAT IT IS.

NOT SURE WHY THE LINK DID NOT WORK BUT IM SURE YOU GUYS CAN USE THE ITEM # TO FIND IT. # 190083631158

I'M NOT HIDING, I AM PUTTING MY 2 CENTS IN THE RING AND STANDING UP FOR WHAT I DID AND LETTING EVERYONE KNOW MY SIDE.

I DID NOT WITHHOLD FEEDBACK AS RANSOM I SIMPLY HAVE TOO MANY THINGS GOING ON TO WORRY ABOUT FEEDBACK AS SOON AS SOMEONE PAYS ME, I USUALLY LEAVE FEEDBACK ABOUT 3 TIMES A MONTH AND I PLAY CATCH-UP WITH ALL THE FEEDBACK THAT WAY, I SET ASIDE TIME A COUPLE TIMES A MONTH AND DO IT THAT WAY......I LEFT HIM NEG. BASED ON THE FACT THAT HE IS A CRY BABY WHO WILL BITCH AND COMPLAIN ABOUT THE LITTLEST THINGS SO I WANT OTHER SELLERS LIKE MYSELF TO BEWARE OF HIS HABITS THATS ALL.
 

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Discussion Starter · #20 ·
just another update guys, this idiot "warned me" to stop telling the truth on this board or he is going to make things real ugly for me. where is that "i'm so scared that i am shaking" smilie? :rolleyes:
he also believes that should just act like the car is lowered because of the issue with the bent axle and that it is no big deal.
here is the last email i received.
"I DID NOT KNOW IT HAD ANYTHING WRONG WITH IT, in my opinion it was just fine. was the big deal with the wheel???? it just looks like the car is lowered...whats wrong with that?....stop with your harrasing and dragging my name through the mud on the boards or im telling you IT WILL GET UGLY FOR YOU REAL FAST!!!!!!!!!! :rolleyes:
 
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