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View Full Version : In Ebay Dispute – Am I In The Wrong ? - Non VG Auction


Mr.Faxanadu
10-26-2005, 12:37 PM
Hey everyone,

This outcome may be of interested to some of you out there. I wonder if ebay will side with the buyer (as always) or me the seller. Here’s what happened - I sold an item that looked like an old medieval helmet but I was unclear of the real age of the thing. I set up an auction that I thought covered all the bases – I made sure I listed it in the date unknown and “other” section…. I stated that I didn’t know the origin or date of the thing etc.

So the buyer gets it and finds that it is a reproduction and he wants a FULL refund! He is basing his request on the fact that my description stated “You are bidding on a very old antique helmet” which it is not. I’m not sure if he has grounds to get his money back as he is basing his request on a fragment of my entire description!!! My auction clearly showed that I was unclear of the age of the helmet:


The item was placed in the Collectables > Militaria > Militaria (Date Unknown) > Other section.

I stated several times that I did not know the age of the item and that I had no knowledge of it. “Unfortunately, I do not know the age or origin of the helmet. To me it looks like it could be from the medieval times! Take a look at the photo and see for yourself.”

The auction title stated “Antique Medieval Looking Helmet - Displays Beautifully”. This is quite an accurate description as the helmet is clearly old and is Medieval looking. I did not state that it was a true genuine Medieval helmet as I was unclear on that fact.

I also provided several detailed photos of the item.

When I purchased the helmet at an antique shop several years ago I was told that it was made “before World War I”. This is all I knew of the helmet when I made the description.

FULL AUCTION DESCRIPTION –

Antique Medieval Looking Helmet

You are bidding on a very old antique helmet. Unfortunately, I do not know the age or
origin of the helmet. To me it looks like it could be from the medieval times! Take
a look at the photo and see for yourself. I do know that it is quite old as seen by the
age of the metal. There are designs and patterns engraved on the surface of
the helmet and the chain mail along the back is fully intact. The wooden display
stand will be included. The mask has been on my living room bookshelf for quite
some time and it always drew the attention of visiting guests. It displays quite beautifully!

As you can see in the picture the helmet is quite rusty and may need professional
restoration. I understand that antiques can easily be ruined by poor cleaning
attempts so I decided to leave the helmet in the state that I found it.

PHOTO -

http://img423.imageshack.us/img423/5205/hel4iy.th.jpg (http://img423.imageshack.us/my.php?image=hel4iy.jpg)


I have ebay looking into this and will post their decision. I’m not sure who they’ll side with !?!?!
Mr.Faxanadu
10-26-2005, 12:39 PM
Oh and I sold the thing for $300 so this isn't one of those "just give him the $4.99 back" deals :)
Griking
10-26-2005, 10:17 PM
It should go without saying but please post a link to the auction.
The_Kodiak65
10-26-2005, 10:25 PM
yes, please, a link!!!
badinsults
10-26-2005, 10:33 PM
You weren't claiming it was authentic, so why should you be wrong?
rick weis
10-26-2005, 10:36 PM
i think the fact that the person that sold it to you said "if was made before WW1" should have tipped you off that this is not from the medievil days. LOL

Rick
CrimsonNugget
10-26-2005, 11:08 PM
Did the guy tell you how old it really is? If it's not that old, you might get busted on the "antique" claim.
video_game_addict
10-26-2005, 11:14 PM
Link to original auction (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=6567588701)


If the buyer is willing to ship it back to you, maybe you should offer a refund. Yes you are fairly clear in not knowing, but ut was described as antique, and there are no AS/IS disclaimers. It might be easier to take it back & relist.
Gamereviewgod
10-26-2005, 11:51 PM
Buyer is in the right. If you didn't know the age of it, why did you say old/antique? It's a bit misleading regardless of how many times you state you're unsure, especially for what he paid.
Griking
10-26-2005, 11:59 PM
So how old does he say it actually is? According to Wikipedia the definition of an anqique is something at least 75 years old (http://en.wikipedia.org/wiki/Antiques). So while this thing may not really be from the midevil times it may still be an antique.
Bojay1997
10-27-2005, 01:55 AM
I truly believe that you were trying to be honest, but the language you used is likely to result in someone believing this is much older than it turns out to be. I'm guessing this guy probably thought he had found one of those million dollar items hidden in someone's garage and really didn't do a good job of asking the appropriate questions to find out about the item prior to bidding. Still, the fact that you put the statement in about it looking medievil to you is a little misleading. As such, I would probably just refund the $300 if he agrees to pay to ship it back to you.
Austin
10-27-2005, 05:23 AM
Yeah, there's not much you can do here. You were pretty honest about not knowing, but eBay will probably side with him if they get around to reviewing your complaint. Ask him to send it back and you can relist. It's better than bad feedback and arguiing.
anagrama
10-27-2005, 05:36 AM
Buyer is in the right. If you didn't know the age of it, why did you say old/antique? It's a bit misleading regardless of how many times you state you're unsure, especially for what he paid.

Nonsense. He clearly said he had no idea as to the date/origin of it. Caveat emptor.

To me, you're entirely in the clear, and personally I'd tell the buyer where to go.
It's up to you whether you want to risk the neg and a possible Paypal claim, but I see no reason to give him a refund.
lurpak
10-27-2005, 07:13 AM
I would agree to refund his purchase price of $284 minus your sellers costs and valuation fee if he returns the item at his costs. then re-list it stating its a reproduction.

anyway, how do you know its a reproduction, does he have proof (although it does look like an obvious repro to me from the pics).
Mr.Faxanadu
10-27-2005, 08:41 AM
WOW @_@

Thanks to these posts I'm going to aggree with the buyers request to give half of his money back !!! I thought I was totally in the clear but I guess not.

He filed a cliam with Paypal and I'm sure they're going to request I issue a FULL refund.

Thanks for taking the time to review my problem!

Sorry about not posting the link - thought it was unnessesary.
Mr.Faxanadu
10-27-2005, 02:28 PM
Well the issue has been resolved. Instead of having Paypal resolve it I folded and refunded the buyer half of the money. Thanks for all of you who put in your thoughts.
Kejoriv
10-27-2005, 02:37 PM
So did he send the helmet back or does he still have it?
anagrama
10-27-2005, 02:42 PM
One assumes the buyer kept it unless he was in the habit of giving away $140 for no reason.
walrusmonger
10-27-2005, 03:03 PM
watch that guy sell it with proper descripton and make $2000 on it :-/
Griking
10-27-2005, 07:22 PM
watch that guy sell it with proper descripton and make $2000 on it :-/

I agree. So he was willing to pay $150 for a reproduction??

I think you screwed yourself personally unless you're really happy with the $140 sale. If you were going to fold and give the guy a refund (which I really don't think you had to do) I would have offered him a full refund (once he returned the helmet) or nothing.
video_game_addict
10-27-2005, 11:25 PM
Crazy, I would have done a full refund or nothing. Half refund & he kept the helmet, looks like he's getting over on you.

Did he show some links to pricing, closed auctions or websites that give some idea of it's worth?

This could have just been a buyer's remorse scam, paing off big time. Hope you are happy with the arrangement for your sake.
Pineapple
10-28-2005, 01:12 AM
At least it's all over, with no neg feedback
Mr.Faxanadu
10-28-2005, 10:59 AM
Crazy, I would have done a full refund or nothing. Half refund & he kept the helmet, looks like he's getting over on you.

Did he show some links to pricing, closed auctions or websites that give some idea of it's worth?

This could have just been a buyer's remorse scam, paing off big time. Hope you are happy with the arrangement for your sake.


Ya... I know what it looks like but if you know all the details it's not that bad. He is a major antique dealer specializing in militaria. I saw his website where he has several items up for sale. He told me of the features that indicate that it's fake and I believed him. Besides I picked the thing up for $20 so I don't really mind. I will monitor his listings to see if he re-lists it. I honestly didn't want paypal to get in on this problem because I'm sure they would have sided with the buyer!

I could have got
$0
Negative Feedback

I ended up with
+ Feedback
$150

Good enough for me!