How should I proceed?

[megasdkirby]

I recently won this auction on Ebay:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=290257949580&ssPageName=STRK:MEAFB:IT

The game arrived. Should be ok, right? Unfortunately that is not the case.

As I opened the package I notice a little rip in the case cover itself. Ok, it's small and upon verification of the pictures given, it was present. Ok I will let that go.

However, something else was a miss. The back of the box had a tear in the artwork itself! This frustrated me, as there was no mention about this anywhere in the listing. The seller mentions this in his listing:

I WISH I COULD SAY IT INCLUDED THE INSTRUCTION MANUAL, BUT IT COMES WITH ONLY GAME, BOX AND COVER ART SEEN IN PICTURES.

Now notice the pictures shown. Notice how the front and the side/spine was shown, but not the back? I think he purposely knew about this and try to hide this fact so it wouldn't affect his listing.

I know what some are thinking...I should have asked this before purchasing. And yeah, I should have. But isn't the seller responsible for describing his items in a faithful manner? And this is something that should have been mentioned, and he failed to do this.

I contacted an Ebay Live representative, and even though he was of little help, he did agree with me and told me to contact the seller. I did, by the way.

I am now awaiting his response. Depending on the response, what are my options? What can I request? What can be done?

[ryborg]

I contacted an Ebay Live representative, and even though he was of little help, he did agree with me and told me to contact the seller.

He was of little help? What were you expecting, that he'd suspend the seller and give you a 1000% refund?

If the seller's unwilling to work something out with you (like a partial refund) and it really bothers you that much, I'd just do a "Not as Described" PP dispute, which you'll win automatically. You'll have to mail the item back with some form of delivery confirmation, but then you'll get a full refund, including what you paid in shipping originally.

[megasdkirby]

He was of little help? What were you expecting, that he'd suspend the seller and give you a 1000% refund?

No need to use that tone. I said that because he basically did not know what to say and how to proceed, considering others would have been more knowledgeable on the subject.


If the seller's unwilling to work something out with you (like a partial refund) and it really bothers you that much, I'd just do a "Not as Described" PP dispute, which you'll win automatically. You'll have to mail the item back with some form of delivery confirmation, but then you'll get a full refund, including what you paid in shipping originally.

Will do that...but my scare is that the seller might think of it as extortion of sorts.

But I will try that to see what happens.

[theChad]

I don't know what to say other than you have to take the listings at face value. If you can't see the back of the box, you have to assume it's ripped to shreds with penises drawn all over it unless you ask for a picture. You can ask for a refund, but when you choose to buy something on eBay it pretty much means you were satisfied with the description, price, etc. otherwise you wouldn't have purchased it.

[megasdkirby]

I don't know what to say other than you have to take the listings at face value. If you can't see the back of the box, you have to assume it's ripped to shreds with penises drawn all over it unless you ask for a picture. You can ask for a refund, but when you choose to buy something on eBay it pretty much means you were satisfied with the description, price, etc. otherwise you wouldn't have purchased it.

I agree, but the fact that the seller did not disclose this fact is deceitful at best. And no matter where this practice is done, it is still penalized and unfair for the consumer.

I think I will keep the game and see if he can help me obtain a slip cover for it. Also, I can sell it later one, because I know I will get some money back, and depending when I sell it, I may get more than what I paid.

Need to think about it, though.