Seller taking buyer to court over negative feedback

I received a truck model for Christmas (I'm a collector) The seller charged 47.00 for shipping. When it arrived,the shipping box had a crushed side. When I opened it, the model box inside had 2 holes in it from the plastic sprues. The seller had packed all the pieces in such a way the model box lid would not close all the way.He then wrapped it tight with bubble wrap with the chrome sprues poking against the lid of the box. This ruined a hard to find model. Purchase price: $260.00 We contacted seller about the problem and asked if he could help out with at least a little on shipping. He said he didn't understand what we were talking about. We then sent actual pictures of the damage. Never heard anything from him for a couple days. So we left a neg. feedback.He replied saying he offered a return. This was a gift. Not doing it. We explained on the feedback truthfully:His response was that we DEMANDED money and that we were a "competitor". It was just a simple purchase as a x-mas present that turned into this. He sent a registered letter complaining about the neg. feedback and wrote that extortion and harassment happen " all the time''on Ebay. Our feedback is 100 % and his feedback shows 3 negatives (including ours) in the last 12 months. One buyer even calling him a "con man". We've never encountered anything like this on Ebay. Who is the extortionist? Seems like he is trying to give Ebay a black eye by using their name in this.

8500rpmlaunch

1031 View listings

Posted 2 years ago·Last reply 2 years ago

26 comments

ed8108

·2 years ago

2507 View listings

There is a risk buying on the internet , when an item is received that is not as described, under ebay's MBG return it for refund.

Since the seller is unwilling to offer you a partial refund to keep the item, the seller wants the item back, & you have chosen not to comply & not receive a refund of your payment.

spark-chaser1

·2 years ago

384 View listings

I would simply have returned the item as an INAD and proceeded with the rest of my day. At least to me, not worth the hassle to get into legal battles over a low-cost ( in relation to the extra time and stress spent) over what should have been for a fun experience.

maybe it is how I was brought up, but if I was unable to receive a gift, either because it arrived damaged, was unavailable, or there were no resources to supply one, my experiences taught me that things in life could have been worse, and gifts are celebratory/ not obligatory items. I would have definitely had a lousy birthday/ Christmas/ whatever if a gift that was intended for me turned into a battle for my benefactors.

this situation was an avoidable one.

tenbigdogs

·2 years ago

230 View listings

Hi @8500rpmlaunch Of course you're right to hold the seller responsible for the condition of the item when it was received by you. That's eBay 101. If the box was part of the item and it's damaged, that is Not As Described.

The seller should have taken you up on your reasonable offer for some type of compromise short of a full blown return/refund and ended this. But he apparently likes drama, and has time on his hands for it. He sounds like a bad seller and an unbalanced personality. Just cease communication with him. He cannot sue you, that is a last gasp threat when there is nothing else. Good luck!

monster-deals

·2 years ago

56564 View listings

@8500rpmlaunch wrote:
Who is the extortionist?

That would be you since asked the seller for money.

albertabrightalberta

·2 years ago

I can explain it to you but I can't understand it for you.104 View listings

In my opinion, the issue is with the BUYER, not the seller!

1. The seller charged 47.00 for shipping.

I don't care what the seller charged. You (as the buyer) agreed to it!

2. We contacted seller about the problem and asked if he could help out with at least a little on shipping.

If I got this request, I'd report the buyer. Again, buyer agreed to the shipping price at the time of purchase. Additionally, "help on shipping" wouldn't change or fix the damage the buyer is alleging.

3. He replied saying he offered a return.

You should have returned!

4. This was a gift. Not doing it.

You're claiming the condition wasn't giftable so why wouldn't you return it?

5. Our feedback is 100 % and his feedback shows 3 negatives (including ours) in the last 12 months.

Since 2008, all buyers, even bad ones have 100% feedback. A buyer's 100% feedback doesn't mean a buyer is a good buyer. As for the seller's 3 negs, it doesn't (necessarily) indicate a bad seller.

6. Who is the extortionist?

I disagree with your implication that it's the seller who is the extortionist. IMO, a buyer who asked for a refund of the shipping charges, doesn't get the requested credit then negs a seller is the extortionist.

My conclusion is that the buyer wanted a lower price than he agreed to and paid for the item and tried to bully the seller into compliance.

If an item is broken, damaged and not in gifting condition, a buyer who is sincerely unhappy returns that item!

lacemaker3

·2 years ago

4, 3, 2, 1 ... Earth below us, drifting, falling ... Floating weightless, calling, calling ...690 View listings

@8500rpmlaunch wrote:

Seller taking buyer to court over negative feedback

What's this about the seller taking you to court? Please tell us more about what's going on with that.

@8500rpmlaunch wrote:

... When it arrived,the shipping box had a crushed side. When I opened it, the model box inside had 2 holes in it from the plastic sprues. ... This ruined a hard to find model. ...

So, the only damage was that the original box for the model had "2 holes in it from the plastic sprues". I went through your whole post, and that is the only damage that you described. Minor damage to the original box. That hardly amounts to "ruined a hard to find model".

Plastic items packaged in boxes have to be packaged for shipping, and they are put on shelves for storage and display in the shop before they are sold. There is always going to be shop wear on the box. You can't expect the original packaging to be in pristine condition for a collectible item that may be several decades old. That is unrealistic. If, as a collector, you need to have an item where the original box is in pristine condition, then don't buy it online (or don't complain afterwards). Buy it from a brick-and-mortar store, and if you have to fly across country to inspect it first, then so be it. That is your choice. You can't expect that kind of condition from an online sale that will be shipped to you. That is not realistic.

If the item was damaged during shipping, then you are entitled to a full refund. Most sellers are going to require that you return the item first, because there are too many scam buyers on eBay who will troll for a partial refund to get a discount, or just because they can. Sellers have to protect themselves, which means requiring items to be returned before giving a refund.

Most eBay users would consider that, if the item was damaged, then the buyer should return for a full refund. If the damage is so minor that you want to keep it, then you are really not entitled to a refund for it.

As a buyer, you should never ask for a partial refund, because it makes you look like a scam buyer who is out to cheat the seller. It's up to the seller if they want to offer a partial refund and let you keep the item. Buyers should never, ever, ask for a partial refund.

TL/DR:

If you're not willing to return the item for a full refund, then you should not leave a negative feedback.

stainlessenginecovers

·2 years ago

5484 View listings

So you asked the Seller to give you some of the Shipping Money back that you paid, and then he paid, because the Carrier Damaged the item? (You are ONLY surmising the 'lack of movement' 'packed so tight' etc. which sounds- to MOST sellers 'it's damaged I want SOME of the money back.

You had 2 choices- keep it and live with it or return it for a refund.

You chose to 'keep it' (reason means NOTHING) and then you negged the seller because:

Too tight?

Room to move?

Packing should be padded and tight and NOT be allowed to 'bang around'. He did what he was supposed to.

As stated by others, you should have returned it (being a GIFT is NOT a reason- because if it was 'ruined' then WHO would want such a gift??

12345jamesstamps

·2 years ago

8784 View listings

You didn't want to return it for a refund and left a negative feedback for what reason...?

"asked if he could help out with a little on shipping". Its not unusual for something to get damaged in the mail.

We don't know what the negative feedback said..."actt. is my son's"...a"competitor" ....which we don't know either. I wonder what the age is to have an eBay account.

If you didn't want to return it...what most sellers would do...why leave negative feedback?

8500rpmlaunch

OP2 years ago

1031 View listings

Hi, we didn't want to return it because it was a gift. The seller more or less said the damage was made up. He wouldn't respond to messages.That is why the neg. feedback. My son is over 30 if that what you're wondering?

dy60609

·2 years ago

0 View listings

If you didn't want to return it...what most buyers would do...why leave negative feedback?

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An improperly packaged item that the buyer does not want to return (because it is a gift, or for any other reason) does not constitute a positive buyer experience

janet9988

·2 years ago

127 View listings

I would not want to give someone a damaged gift.

I would return it for a full refund and buy something else.

Had the buyer not asked for a partial refund I would have been okay with the negative feedback.

mudshark61369

·2 years ago

"There is no such thing as foolproof, because fools are so darned ingenious" (unknown)3111 View listings

@8500rpmlaunch,

If you collect model kits you should have filed a not as described dispute for the damage to the box caused by the seller's poor packing, and gotten a full refund, with him paying the return cost, when he replied that he "couldn't understand what you were talking about". End Of Story. The kit you bought may be rare but even some of the "Holy Grails" show up a couple of times a year on ebay.

I've been collecting models for years and can only think of a few kits that might cost close $47 to ship at today's shipping prices. Ideal's ITC kits, and Renwal's Visible V-8 and the Visible Frame and transmission kits. Too me it seems the seller was trying to pocket more money off of the shipping.

Why your feedback was removed we can't say without knowing what you wrote in your messages to the seller, and exactly what you wrote in the feedback comment. If you mentioned feedback in a message that can be taken as feedback extortion. If you called the seller names mentioned shipping costs, or an ebay dispute, those could be why the feedback was removed.

If that seller left you a feedback, even though it was a positive, you can reply to it stating calmly what happened about the poor packing (not mentioning a partial refund request) and that will not be removed.

As for anyone taking you to court, they would have to file a small claims case in your district court, and appear there. Most state's Small Claims courts do not allow the Plaintiff to recover travel or time off work damages. So I seriously doubt they would have tried to sue you.

8500rpmlaunch

OP2 years ago

1031 View listings

Hi, this transaction was on my son's Ebay acct. that my wife also uses. We didn't cuss him or try to extort him in any way. We are in Iowa and he is in Pa. We don't have time for this nonsense.I have 100% feedback and so does my son.

tinsoldierunderground

·2 years ago

641 View listings

As buyer, you can only have 100% feedback. Sellers can't leave a negative, been that way since 2008, I believe.

candd205

·2 years ago

1706 View listings

Yes, it looks like the seller got the negative feedback removed by eBay. Too bad. Reading through your other entertaining positive feedbacks, I would have loved to read the neg you left.

8500rpmlaunch

OP2 years ago

1031 View listings

Hi, the acct was my son's that this all happened on. We both have 100% feedback.

megafo_8472

·2 years ago

343 View listings

Fleabay does that more often than people realize.

Makes me wonder how much longer before a ripped off buyer goes at their corporate HQ?

little.font.lord.leroy

·2 years ago

903 View listings

@candd205 wrote:
... Reading through your other entertaining positive feedbacks, I would have loved to read the neg you left.

I was thinking the same thing, and but if the seller had read his feedback, he might have done a better job at packaging. Heads up to sellers: doesn't hurt to take a second to check out the feedback left by your buyer before you ship their item.

kensgiftshop

·2 years ago

389 View listings

@8500rpmlaunch wrote:
He replied saying he offered a return. This was a gift. Not doing it.

Looks like the feedback was removed.

You have two options, return the item or keep it.

8500rpmlaunch

OP2 years ago

1031 View listings

Hi, this was on my son's Ebay acct. I never had a negative on mine. The wife used the acct to buy me the model as a gift not realizing this would happen.

soh.maryl

·2 years ago

110 View listings

You could have opened an item not as described case, although you do seem to admit that this was damage by the carrier and not by the seller.

There is no eBay requirement that a seller agree to a partial refund.

I see positive FB where you mention the damage to the box, but, in the end, state you would buy from him gain, so do not understand your message here.

Let us know how that works out for the seller about taking the buyer to court for negative FB.

What negative feedback are you referring to?

8500rpmlaunch

OP2 years ago

1031 View listings

Hi, sorry for the confusion.The acct. is my son's, not mine. I have never received a negative feedback. As for the packing, he had styrofoam peanuts so tightly packed around the model,along with the model parts not being fitted back in the box properly, lead to the damage.(no room for model to move around a little) When the box was handled roughly, the damage occured.

yuzuha

·2 years ago

1205 View listings

@8500rpmlaunch wrote:
As for the packing, he had styrofoam peanuts so tightly packed around the model,along with the model parts not being fitted back in the box properly, lead to the damage.(no room for model to move around a little) When the box was handled roughly, the damage occured.

That's exactly what you WANT when packing. You DON'T want the item "moving around a little" because that's what leads to damage.

The one and only item I ever had break in transit broke because it was not packaged properly inside its retail box (it was a new, unopened item) and so a small part was able to come loose and bounce around inside of the retail box and break despite being double-boxed for shipping.

gosimus

·2 years ago

1121 View listings

@8500rpmlaunch

@yuzuha wrote:
You DON'T want the item "moving around a little" because that's what leads to damage.

Ditto. I bought a custom ordered set of DW drums a few years back. Nobody, but nobody, packs better than Drum Workshop. However, one of the bass drum spurs came off in transit, and bounced around a little. It made a small scratch in the finish of the drum, but luckily the scratch was on the very bottom where it doesn't show.

yuzuha

·2 years ago

1205 View listings

@gosimus wrote:

Ditto. I bought a custom ordered set of DW drums a few years back. Nobody, but nobody, packs better than Drum Workshop. However, one of the bass drum spurs came off in transit, and bounced around a little. It made a small scratch in the finish of the drum, but luckily the scratch was on the very bottom where it doesn't show.

In my case it was a Christmas ornament that had a little glass dangling part. There was nothing in the packaging to keep the part from swinging around freely during transit, and as a result it managed to become disconnected from the hook it was hanging from. Naturally, a small glass part bouncing around inside the box = a small broken glass part. This could easily have been avoided if the retail packaging had just included some sort of void fill to keep that part from swinging freely.

little.font.lord.leroy

·2 years ago

903 View listings

@soh.maryl wrote:
You could have opened an item not as described case, although you do seem to admit that this was damage by the carrier and not by the seller.

". When it arrived, the shipping box had a crushed side."

what did I miss? I don't see where he blamed the carrier. The carrier is not responsible for poor packaging or weak boxes. If they were, there would be a racket of shipping already broken items in poor packaging hoping to get the insurance money.

But you are right, the proper course would be for the buyer to file not as described/damaged in shipping. And leave it up to the seller to offer a discount or pay to have it returned.