A-hole seller overseas... what to do?

[fishsandwich]

I'm in a quandry.

I ordered a supposedly sealed copy of the Dreamcast PAL game Moho from a seller based in Germany. Here's the list of games

http://www.videogamer.org/show2.php?...ricelist+on+ch



If you can see past the high prices (other games for other systems are even worse) you will notice that it says (NEW, factory sealed) on top.

Notice Moho is no longer on the list. I've been looking for a copy forver... it's a bizarre arena-based fighter that only came out in the UK. I bought the last supposedly sealed copy for about $40, shipped.

I get it yestersday. It's not sealed, though the CD and instructions look new. No big deal. I was going to open it anyway. Unfortunately, the seller shipped it an envelope and the box is shattered. Those of you with PAL Dreamcast games know that you can't find these boxes in the States.

I send the seller this e-mail...

Hey there...

I got Moho for the Dreamcast yesterday. Thanks for sending.

I bought this game off your website as "PAL-Software (NEW, factory sealed!)"

That clearly says NEW and FACTORY SEALED.

The copy I got was OPEN and the case was DAMAGED.

This was NOT what I paid for. I notice Moho is not on your available list anymore.

Please respond.

Thanks

His reply...

Hello,

yes, it was the last one we got in stock. We had around 30 in stock in the last few years. All weren't shrink wrapped. I guess the box was damaged through the Air Mail letter method.

Best regards
Wolf
Video Game Source

Me...

Hey there

Thanks for the fast reply.

"Factory Sealed" equals "Shrink Wrap"

I should have been notified.

I'm cool with it being open... I want to play it. I'm NOT cool with the case being broken... I collect PAL games and you just can't get a replacement case for PAL games in the states.

Could you send me a replacement case?

Thanks

Him...

Hello,

it might be possible, but at the end it will happen again! The case was in excellent condition when I sent the letter.

Best regards
Wolf
Video Game Source

Me...

Then pack it better. I clearly ordered a factory sealed game from your website... you sent me an opened game in a broken box. I am trying to be civil and work this out with you, and I am not being unreasonable. Please send me a new case to my address in the states or I will have to get a chargeback with Visa. I'm not being an ass... I just didn't get what I ordered and I am trying to meet you halfway.

Him...

You're trying to meet us halfway when you're saying you are planning a chargeback? I would say this is blackmail! In fact in nearly 10 years of our business no customer made a chargeback, but I keep your words in mind!

And as I told you. The game is brand new and was never played. Over 60% of the DC PAL releases aren't shrink wrapped!

Best regards
Wolf
Video Game Source

Me... (getting upset at this point and losing it)

You do that. Your website said FACTORY SEALED. REPEAT! YOUR WEBSITE SAID FACTORY SEALED! It did not say NOT NEW BUT NOT SHRINK WRAPPED. FACTORY SEALED! The game was OPEN. I am trying to work with you and at least get a replacement case, and you accuse me of BLACKMAIL? I'm sending this thing back... where do I send it? I expect a full refund of ALL charges incurred. You did NOT deliver what you PROMISED (FACTORY SEALED!) and you packed it poorly so it arrived BROKEN. YOUR FAULT- not mine. You are very unprofessional. Send me the info I require immediately.

Him...

Hello,

that's a good idea:

Video Game Source
Salzbruecker Str. 36
21335 Lueneburg
Germany

After we get the game it we'll credit the charged amount back.

Best regards
Wolf
Video Game Source

Me...

Fine. I shall do that. You might want to amend your deceptive website to read "All games are new but at least 60% are NOT factory sealed and we will ship them in a flimsy envelope so they may arrive in a broken case."

PAL-Software (NEW, factory sealed!)= lie.

Not Best Regards


Notice he said he would refund the AMOUNT CHARGED, not my fees to ship it back. I don't trust the guy to refund me back, either. I'll have to send it insured to make sure I can prove it arrived in Germany, and that won't be cheap. He's not going to refund me my shipping charges.

Was I wrong to mention a chargeback? What do you think of this exchange? Am I making a mountain out of a molehill? Am I a pissy bitch?

[anagrama]

AFAIK, all PAL Dreamcast games were originally sealed (though I suppose it's *possible* that it was removed by a store or something. Unlikely, though.)

If you fail to work something out, I might have a spare PAL DC case - I got a bunch of empty ones a while back when EB were clearing out all their DC stuff.

[imanerd0011]

"it might be possible, but at the end it will happen again! The case was in excellent condition when I sent the letter. "

Is this guy saying that if he sends you another case it will break just like the first one did? If he is, he shouldn't even be in the video gaming market!!! He must have packaged that thing like shit, because I have never received a damged box, let alone a broken plastic case. I personally wouldn't trust him for a second, seems like a very shady guy.
I would have been pissed after I found out the game was opened, since he does clearly state it was Factory Sealed on his website (Fishsandwich, aren't you the guy trying to get an entire Dreamcast collection all factory sealed?). You should have told him that, and that the game being factory sealed is very important to you.

[hydr0x]

first, that seller is usually quite reliable, second, i really don't know what you expect from him, yes, he said sealed but it wasn't, but you were going to open it anyway. yes it was broken, but even with the best packaging i received LOADS of broken PAL DC cases, those are total crap, they get crushed all the time....

so i'm wondering? why the heck are you actually bothering with all that? accept it, buy some crappy 1€ DC game from ebay europe or ask someone here for a replacement case and you'd have a new case for 2-3 bucks very soon, not worth the hassle at all

btw, you totally overpaid. you can get that game for around 5 bucks sealed from time to time on ebay....

all that said, if you need a replacement case, anagrama, me or whoever will possibly be able to help you out (don't have any right now though)

[hydr0x]

[quote="imanerd0011"]"it might be possible, but at the end it will happen again! The case was in excellent condition when I sent the letter. "

Is this guy saying that if he sends you another case it will break just like the first one did? If he is, he shouldn't even be in the video gaming market!!! He must have packaged that thing like shit, because I have never received a damged box, let alone a broken plastic case. I personally wouldn't trust him for a second, seems like a very shady guy. /quote]

that's absolutely not true, pal dc cases break all the time... one of three i receive are damaged somehow

[fishsandwich]

first, that seller is usually quite reliable, second, i really don't know what you expect from him, yes, he said sealed but it wasn't, but you were going to open it anyway. yes it was broken, but even with the best packaging i received LOADS of broken PAL DC cases, those are total crap, they get crushed all the time....

so i'm wondering? why the heck are you actually bothering with all that? accept it, buy some crappy 1€ DC game from ebay europe or ask someone here for a replacement case and you'd have a new case for 2-3 bucks very soon, not worth the hassle at all

btw, you totally overpaid. you can get that game for around 5 bucks sealed from time to time on ebay....

all that said, if you need a replacement case, anagrama, me or whoever will possibly be able to help you out (don't have any right now though)

grrrrrr.... I expected SEALED because that's what this "quite reliable" seller advertised. I can deal with it being open. That's ME. The fact that he packed it in a flimsy envelope and it arrived broken is HIS fault, not mine.

As far as overpaying goes, this game has only been on ebay ONCE in the past 5 months and it went for almost $40. Show me a sealed copy for $5.

Anyone else thing I'm a pissy bitch?

Cheers



BTW... I'll gladly pay for a couple of PAL cases from anyone who has them.

[esquire]

I would not have mentioned the chargeback immediately. When I deal with jagoffs like this, I simply state that if the problem is not corrected, I will "take necessary steps to ensure that my rights are protected, and I will ensure that I am afforded all avenues of recourse to which I am entitled." Sure its legalese, but its better than an outright threat.

Typically, when I am not satisfied with an ebay item for instance, I will let the seller know that I am disappointed, point out the problem, make a suggestion as as to how we can resolve it (never demand, it only escalates any tension) and then put the ball in their court by saying something to the effect, "What are your thoughts" or "Please advise." I find this works more often then charging out of the gate like a bull at Pamplona, all worked up, yelling at the seller and making demands. There's the old adage, you can catch more flies with honey.

Additionally, I would not have sent that last email. He already agreed to refund you the money. Now you are giving him reason not to.

[fishsandwich]

AFAIK, all PAL Dreamcast games were originally sealed (though I suppose it's *possible* that it was removed by a store or something. Unlikely, though.)

If you fail to work something out, I might have a spare PAL DC case - I got a bunch of empty ones a while back when EB were clearing out all their DC stuff.

Hey there...

I'll buy or trade for a couple of PAL cases in good shape... lemmie know if you happend to find some!

Cheers

[fishsandwich]

I would not have mentioned the chargeback immediately. When I deal with jagoffs like this, I simply state that if the problem is not corrected, I will "take necessary steps to ensure that my rights are protected, and I will ensure that I am afforded all avenues of recourse to which I am entitled." Sure its legalese, but its better than an outright threat.

Typically, when I am not satisfied with an ebay item for instance, I will let the seller know that I am disappointed, point out the problem, make a suggestion as as to how we can resolve it (never demand, it only escalates any tension) and then put the ball in their court by saying something to the effect, "What are your thoughts" or "Please advise." I find this works more often then charging out of the gate like a bull at Pamplona, all worked up, yelling at the seller and making demands. There's the old adage, you can catch more flies with honey.

Additionally, I would not have sent that last email. He already agreed to refund you the money. Now you are giving him reason not to.

That's what I was thinking... the mention of a chargeback put him on the defensive, like I'm some sort of internet cheat just looking for handouts. It was ill-advised to hit him back with the last e-mail, too... I let my emotions get ahead of me.

Then again, I have no intention of sending this back since this seller is a crook and a cheat, nor shall I be an ass and try for a chargeback. I'll just deal with it an get another case. Perhaps I'll find a sealed copy here in Georgia for $5... they seem to be everywhere.

[Bighab]

[quote="hydr0x"]

"it might be possible, but at the end it will happen again! The case was in excellent condition when I sent the letter. "

Is this guy saying that if he sends you another case it will break just like the first one did? If he is, he shouldn't even be in the video gaming market!!! He must have packaged that thing like shit, because I have never received a damged box, let alone a broken plastic case. I personally wouldn't trust him for a second, seems like a very shady guy. /quote]

that's absolutely not true, pal dc cases break all the time... one of three i receive are damaged somehow

I think fishsandwich was expecting a game thats in a jewel case to be shipped in a box. Of course pal dc cases would break if they are constantly shipped in a bubble mailer. I think if you are shipping a jewel case based game in a bubble mailer(DC,PSX,TG-16,Saturn ect) your just asking for trouble.

[anagrama]

Hey there...

I'll buy or trade for a couple of PAL cases in good shape... lemmie know if you happend to find some!

Cheers

I'll check tonight and see what sort of shape the ones that are left are in - I used all the best ones on my own games

[hydr0x]

As far as overpaying goes, this game has only been on ebay ONCE in the past 5 months and it went for almost $40. Show me a sealed copy for $5.

you shouldn't look to much at ebay.co.uk but ebay.de instead, i must admit i didn't watch moho recently, but i paid 5€ for my sealed copy around a year ago there and i know i have seen quite a lot of them for sale after that for the same price too

as i traded away my copy of it recently i'll start watching for it again, let's see how much i have to pay

[UndeadKing]

I know this doesn't really help you, but the game was released in the Us. Not the Dc version unfortunately, but the PSOne version. It was a budget title from Take 2 called Ball Breakers.

Good luck with it...

[ddockery]

If PAL DC cases really "break all the time" then stop using crappy envelopes. Get a small box, and wrap it in bubble-wrap, foam, peanuts, newspaper, whatever. It doesn't cost much to do that.

[tholly]

just try and get a replacement case from someone on here and cut your looses.....either that or keep the game, make a chargeback, and say you will call off the chargeback once you receive an undamaged case from the seller

that way you either A) get your case or B) get the game and the seller doesnt get shit

[Darth Sensei]

just try and get a replacement case from someone on here and cut your looses.....either that or keep the game, make a chargeback, and say you will call off the chargeback once you receive an undamaged case from the seller

that way you either A) get your case or B) get the game and the seller doesnt get shit

Ditto. I'd start the chargeback process right away.