Item arrived broken and seller refuses refund

[rooma4hell]

So ordered a large appliance (fried ice machine), it arrived broken and very poorly packed, had peices of 1/8" wood held to the sides with straps and random staples and called a "Crate". Opened it up and it looked fine, plugged it in and you hear loud banging. I looked inside and the fan for the condenser was broken off the mount. I contacted them and they said they would ship a new fan. I then waiting a bit checked it again and realized it had a freon leak where the fan and damaged the condenser. I had a tech look at and they said it could not be repaired and would need a new one. I contacted the seller and asked for a refund. They said they would send a new condenser and pay to have it repaired and recharged.

I got a quote on this to have the old one cut out replaced recharged new fan wired in etc. it is over $500 and the machine cost $748 when I got it. All this and I STILL DO NOT know if it will work and if it even has another leak or more damage somewhere. I just want my refund and them to come pick this up. It was damaged by poor shipping and packing, I think they can file on this fine and recoup their loss off insurance on shipping. I do not get why they keep putting off, and trying to talk out of a refund.  They EVEN admitted poor packing and said in the future they will do better on packing products.

What can I do to just get my money back on this and have them take it back?

[airsheep]

File a significantly not as described case, item arrived damaged.  Seller then gets to refund your money outright, or pay for the item to be shipped back, then refund your money.  Keep the e-mails where the seller admitted poor packing; you may want them for evidence.

[missjen831]

How long have you had the item? That is the important thing here. You've had it for more than a few days obviously. If it's been more than 30 days you would have to file a dispute with PayPal and YOU would be responsible for returning the item at your expense. 

[missjen831]

Also, this must be said--you made a huge policy violation when you left a FALSE negative feedback for your buyer! You are NOT allowed to do that. I hope the buyer reports it. You should have followed the rules and filed an unpaid item dispute! 

[rooma4hell]

Umm what? Wrong post? I never mentioned anything about a false feedback nor have I given feed back on the item.

[rooma4hell]

Less then 30 days but coming up on that real soon, assuming this is the reason they keep trying to put it off.

[*help_no_brakes*]

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@rooma4hell wrote:

Umm what? Wrong post? I never mentioned anything about a false feedback nor have I given feed back on the item.

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missjen is refering to the False Positive Feedback you left for a non payer....which is a selling violation.

[rooma4hell]

Thank you will see about doing this, they have been going back and forth on this for over 20 days now trying to keep from refunding me.

[rooma4hell]

OH...yeah I filed a dispute with that and had it dealt with, the guy made a new account and was buying a bunch of things and asking to have them shipped. He was trying to scam on them without paying. He was not responding beyond that, would not pay, and after 2 weeks I gave up dealing with him and filed a dispute case. I sorta did the feedback thing as a marker/warning of what he was doing. I did not know it was against the rules, I would take it back if I could now that I know.

[missjen831]

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@rooma4hell wrote:

Umm what? Wrong post? I never mentioned anything about a false feedback nor have I given feed back on the item.

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No. I was referring to the FEEDBACK you left for a non-paying bidder.  I was just trying to help, since the feedback is still there it appears as though an unpaid item case wasn't opened otherwise it should have been removed automatically?  Anyway if the buyer is really a scammer as you say, he won't be reporting anything to ebay because he won't want to get on their radar.

[lja440]

 No insurance will be forthcoming on an item poorly packed.  That is their bad and in no way your fault.

Just file a SNAD claim and follow eBays prompts. Do not correspond further with the seller they will only try to get you to stall further until your time to do so is past.