Seller won't send item that was part of the auction

[ironfist_74]

What should i do. I bought a used $500 statue that was supposed to include a tshirt sealed in a bag that came with the statue when new. The tshirt was shown as part of the auction sealed and said it's included with the auction. The seller offered free shipping and the package weighed 25lbs. The seller was late mailing the box. After several messages he finally mailed the box saying he works two jobs. The box finally came but no tshirt in it. I immediately messaged him and he said in his haste to mail it he forgot to include it in the box. After two weeks of messaging him about sending the tshirt he keeps saying he will but is busy. So i opened up a case. I didn't know what option to select. If i select item not as described, i would have to send it back. I'm not going to send it back over a tshirt. So i selected I did not receive the item. He immediately sent me four messages saying he works two jobs but will send it. In the meantime ebay closes the case because of proof of delivery. I know he isn't going to send it now. If i leave negative feedback will ebay delete it? This sucks!

[soh.maryl]

Am sorry to tell you that you chose the wrong kind of case.  eBay will look at the tracking on that package, see that it was delivered and will deny your claim.  

You could try messaging the seller and asking for a partial refund because you got only a partial item.

Hard to say whether negative FB would be removed or not, depends on what you plan on saying.

You could say, "Received incomplete item".  But eBay might say, "So why did you not open a case?"

Honestly don't know so will wait for a reply from someone smarter.  

[spark-chaser1]

Your only realistic immediate option was to open an INAD and go through with the return process as soon as things fell apart. Not what you wanted to do, but there isn't a good way to bypass it.

Opening the INR, as you learned, will fail due to the fact that you received something. 

In my opinion, your options are unfortunately limited to enjoying the statue minus the T- shirt, and hoping  the shirt will still arrive. The seller is clearly uncooperative due to time constraints on their end, or they are ignoring you on purpose, so further attempts to get help from them are going to prove futile.

[spark-chaser1]

I did notice you didn't specify what length of time passed  overall from receipt of the statue. If it has exceeded 30 days you will have exhausted any protections under the MBG regardless of what transpires from here on out.

[house*of*paws]

Hi @ironfist_74 

You won’t be able to leave any feedback because you lost the case you filed.  That protects the seller from receiving bad feedback.

Your only recourse is to deal directly with the seller at this point … which may or my not succeed in getting you the shirt or a partial refund.

You needed to have filed an ‘item not as described’ dispute … but you may have been asked to return the statue, which you say you did not want to do.  I’m very sorry for the dilemma you encountered.

EDITED TO ADD:

You may still be able to open a return request if you want to see what happens.  You have 30 days from the date you received the package to file it.

[gosimus]

@ironfist_74 

< If i select item not as described, i would have to send it back >    

Well, you might not have had to.  When the seller saw how much the prepaid shipping label was going to cost him for a 25 pound object – i.e., he loses the item price and the shipping both directions – maybe he would have got off the dime and sent the shirt.  When/If the seller sent that label, then you could have decided whether to go ahead with the return/refund, or just let it go.  

[mtgraves7984]

I'm with @gosimus on this one. You could always open a Return request and see how your seller handles it. If the seller sends the T-shirt, you're whole. If the seller sends a partial refund, you're in a better place. If the seller sends a return shipping label, you're free to choose whether to use it or not. I mean, hey... you can't be worse off. Good luck.

[yoonix1]

Even when the case is closed you can dispute the outcome through EBay clarifying and sending a proof that the item you received was only a part of what you bought. Closing a case because of proof of delivery is automatic, and do not stop the parties to move forward with higher level dispute on EBay.

[tenbigdogs]

Hi @ironfist_74  Nobody forced this seller to list his statue and how many jobs he works is his problem to reconcile, not yours.  If he can't perform his end of the transaction, he has no business listing.  eBay is not the correct platform for sellers who want to take the money and run.  

At this point contact eBay Customer Service and tell them you opened the wrong dispute, that you meant to open a Return because the item is not as described in the listing.  Long ago eBay had a one dispute per item policy, then it became willing to work with buyers who opened the wrong kind of return.  READ the eBay Money Back Guarantee so you know how eBay helps its members, and you can contact eBay from that page.  Good luck! 

eBay Money Back Guarantee  on eBay Customer Service pages: 

https://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy...

[ironfist_74]

Thank you to everybody for responding. I've been a member since 2003 and this is the first time i ever needed to post in the community. I guess i'll just let him keep the shirt. The statue was what i'd been after for about two years so no way will i send it back. Lesson learned about filing the wrong dispute. He knows he has me over a barrel because i cannot get this statue for what i paid. I got a great deal so i guess he was just bitter about accepting my offer. Karma will take care of him. Thank you all!

[airsheep]

Didn't you used to be able to convert an INR case to a SNAD?  If you aren't happy with what you got, I'd think that would be your best option at this point, as long as the 30 days post receipt haven't passed.

[tenbigdogs]

Hi @ironfist_74   Just because you open a return, doesn't mean you have to return it.  The seller will either have to make you whole, that is, send the missing part, or send you a pre-paid return shipping label.  If the return shipping label is not used within a few days, it expires and the return is closed.  You have nothing to lose and a missing part to gain by trying for the return.  You have not exhausted the options available to you.  Again, good luck. 

[janet9988]

You can always leave negative feedback.

[soh.maryl]

OP seems pretty adamant about not wanting to return the statue.  

[mtgraves7984]

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@soh.maryl wrote:

OP seems pretty adamant about not wanting to return the statue.  

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Too bad the OP isn't open to initiating  a Return. But I'm happy if @ironfist_74 is happy. I guess. 🙂
- It's just that I'm opposed to leaving something on the table. I need to work on that... 😐