So, why did I lose this PP claim?

Capetown

Capetown

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I bought this AST-5 some time ago.

http://www.ebay.nl/itm/300588560498..._nkw=300588560498&_fvi=1&_rdc=1#ht_500wt_1203

The subject line was:

Star wars Vintage AST- 5 ROTJ Sealed should be AFA

And in the description the seller says:

This item is great for grading

But then I received this:

AST-5001.jpg


AST-5002.jpg


I asked the seller for a refund as the item was damaged and would certainly get a very low grade (not that I was going to have it graded, but I had expected a mint item), but she refused saying that because it was sealed it was therefore ready for AFA and she didn't say anything false in her auction.

I then started a PP claim, but got the message today that they are siding with the seller because the description. I find this very hard to take as they never even asked me for pictures! Also, it is clear to me that the auction is consciously deceptive regarding the language used and the angle of the picture shown.

What do you guys think, am I wrong?
 
Hey Emiel, well firstly I think PP should have asked for more pictures but going by my recent experiences they don't accept pictures or photos as eveidence. So they then should have asked like they did with me for you to get it graded or authenticated by a professional and show what a low grade is has, thus explaining that it's not in good condition at all. Secondly PP will say that the seller ONLY said it was gradable by AFA, never said WHAT graded it would get so in their eyes the seller has done nothing wrong. Just my thoughts dude.

But looking at the pics it looks decieving as looks mint there. Did you ask for more pics before hand at all?
 
You're not wrong feeling mad. The seller was 'clever' with the wording- the item could be great for U- grading :evil: I can see why Paypal made the decision ( even though they should have asked for pictures ) The seller is still an ass.
 
This is a difficult one. I can see why you bought it as it does look great in the pictures and the the ''should be AFA' then you expect the seller to know what they are talking about. Your pictures show that the box is nowhere near as good as you were lead to believe. However, the seller has not really lied in her advert so paypal can't do much.

It is sad that the seller - who has sold some other nice star wars bits in the past can't be reasonable and just accept the return - I think you will just have to leave her a great big NEG so that she realises her mistake and won;t be so daft next time
 
Emiel have you 'appealed' because SURELY the desciption and photos are misleading which is flase advertising? Just explain to them that the pictures are no way representing the actual item.
 
Thanks guys. Yes, it was really clever wording, which I think is bad form from the seller. I indeed should have asked for more pictures, but I only noticed this auction when it was close to the end.

PP doesn't give me the option to appeal Ham though I did look for it. It might be that I will follow my own advice and call them up.

I will certainly neg her.
 
Strange! Funny how the twat in the US can appeal to my claim but you can't to hers!?!
 
Yeah, weird.

****, can't even give feedback any more.

Oh well, at least I have a sealed AST-5 which I may be able to sell or trade someday.
 
Good luck with this one Emiel, it certainly looks like the seller deliberately tried to mislead you.
 
Sorry to hear about this mate! :(

I would class that as SNAD as the devious bitch HASN'T mentioned the damage to the bottom of the box in her description & i can't believe paypal ruled against you! :shock:
 
Ah shitta, didn't realise there was a time limit for feedback! Slack on Ebay's behalf!!
 
Its a real tough one Emiel as she has in PP's eyes indeed done nothing wrong as technically speaking it is in fact good for AFA grading due to it being a sealed box, though we all know its not worth the effort PP will not see it this way, to them its an open & shut case, the only way I would imagine you will have any luck is to phone them & explain the item is damaged & that this damage was deliberately hidden from view in the listing & no mention made of it, hence making a deliberately misleading listing which is in fact against ebay & paypal policy.

I wish you luck with it Emiel
 
This is a funny one. In that, i recently had a dispute with a damaged item that arrived. I asked the seller for a full refund and i would return the item and they said they didn't want a damaged item returned "it would be useless to me" they said. :lol: Anyway, i opened a dispute with ebay immediately and after the obligatory waiting period ebay refunded the full cost of the item and postage and i got the keep the item. At no point was i asked for pictures (tho i did offer them).

I don't see much difference here. He states "item in VERY GOOD condition". This item i would regard as damaged as "item" includes packaging and contents. If either is not in "very good" condition then the item has been misdescribed and should lead to you getting a full refund on return of the item or a 20-30% partial refund.
YES he stated the item could go to AFA and unfortunately he's 100% correct so you can't really do him there. (as much as it is kind of bullshit. It's a technicality). And he claims the item is sealed. Again, he is in the right. So these 2 points must be ignored in stating your case as they will only work against you and ultimately negate any valid complaint. The only issue here, and it's a relevant one, is that he stated the item was in "VERY GOOD" condition and it's clearly not. Even a non collector can see that.

So you either got unlucky here or if you did make your case mainly about the "afa" claim then i can see where it's gone wrong. Having said that the seller is full of **** and should have offered you at least a partial refund immediately. These people know what they're doing and the sole purpose of that sale, it's wording and the cleverly angled and deceptively lit picture was to fool and hoodwink.
 

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