Help!! I think I was mislead.

zmatrix

Senior member
Mar 1, 2001
948
0
0
Basically, I bought Twisted Metal Black from this guy on ebay and he claimed it to be sealed. Lo and behold I get the game a week and a half later (was charged $5.50 shipping when this guy sent it like 4th class $1.30 in stamps) and it turned out to be sealed alright, but from BLOCKBUSTER! It was a used game!

Ok I assume that when someone states "sealed" in their auction, they mean brand new. Forgive me for my naivity, but isn't that what most people are led to believe? I reread the auction and it is true he never stated the word NEW but I believed that he should of disclosed the fact that it was used. I felt totally misled. If this game was sold from BB, the disc is probably all scratched up with the instructions all mangeled.

I want to write him an email and complain. Am I wrong for assuming that sealed meant new? :frown:



Here is the actual auction for the exact verbage:

Twisted Metal: Black Ps2 Sealed NR Paypal$.99 WOW!! While the Twisted Metal line of vehicular combat games has had uneven episodes, the developers at Incog have thankfully brought the series back in black, and it has never been better. Twisted Metal: Black pushes the envelope in terms of graphics, gameplay, and content. It's a tremendous game, but parents should keep in mind that it carries a Mature rating from ESRB and its content may be unsuitable for younger players. Gamers old enough to handle it will be treated to a must-have game for the PlayStation2. Twisted Metal: Black is one of the best-looking games on the market. The character design, animations, particle effects, and lighting effects are all topnotch, yet the game still runs at a speedy frame rate--even in multiplayer modes. The game isn't all about looks though, as gameplay is very deep and contains several modes. You'll want to play single-player story mode several times just to see how the game ends for its numerous compelling characters. Each character has a story line that's simple yet captivating. More importantly, each of the characters' vehicles has meaningful differences, so players are bound to find a rig that fits their playing styles. With its slick gameplay, interesting characters, wide variety of modes, and breathtaking graphics, Twisted Metal: Black is the best vehicular combat game yet, and, so far, the best PlayStation2 game of the year. Features: Vehicular combat game 11 single-player and more than 18 multiplayer battlegrounds Enhanced player environments, with moving traffic, changing weather, living pedestrians, and interactive objects Game modes include deathmatch, endurance, and co-op For 1 to 4 players SEALED IN BOX! We do not combine shipping costs with multiple wins! Shipping and Handling will be $5.50 Insurance available upon request & will also be paid by winner. I accept paypal! Cash or money orders are welcomed! Absolutely NO PERSONAL CHECKS! THIS RETAILS FOR $49.99 PLEASE CHECK OUT OUR OTHER AUCTIONS!
 

Yo Ma Ma

Lifer
Jan 21, 2000
11,635
2
0
Definitely misleading. If I was selling it I would state something like previously owned/sealed, indicate somewhere that it was not brand new. Otherwise I could wrap any piece of junk in saran wrap and call it 'sealed'.
 

zmatrix

Senior member
Mar 1, 2001
948
0
0
Grrr...I feel frustrated. I do want to leave him a negative feedback but I feel that I gotta let him know that I am upset about this first to see if he will rectify the problem. I think I want to return the game to him but I am afraid that he won't refund me the money until I send the game back and even then, who is to say that he will refund my money.

I will send him an email first to see what happens.
 

Lichee

Senior member
Jan 2, 2001
645
0
71
he still deserves a bad rating. that is not something you would want a veteran at ebay to do. or for that matter....anyone!

rip em.
 

GoldenGuppy

Diamond Member
Feb 4, 2000
3,494
0
0
This is a less extreme case of misleading the consumer on eBay.... the worst that I've seen would be the "PS2 BOX RETAIL RECEIPT" type deal where the guy who bought it only got a box... sucks.

The thing is... he didn't lie to you - he misled you... and to this you can't really do anything, because the game was in actuality sealed.... he's a scum for having done this to you, but it's just a marketing ideal/scam so to speak. He just found a way to make money w/o doing anything illegal. It was immoral to do such a thing, but to him, it's worth it because I'm sure he made some money on the game - considering he might have bought it that way then resold it to you.

You should always email the person from now on, asking is this "NEW RETAIL SEALED" or some other form of "SEALED"???

It sucks because you didn't expect the guy to pull such a stunt, I wouldn't go as far as leaving him a negative feedback though - because you were partly responsible for your action... you might just put up a neutral, and tell other bidders to beware of his "lawyered" wording. on the plus side.... TMB is an awesome game, I'm still having a lot of fun w/ it (less now that college has started) but a great game nonetheless

Have fun :)

)(GG)
 

GoldenGuppy

Diamond Member
Feb 4, 2000
3,494
0
0


<< Grrr...I feel frustrated. I do want to leave him a negative feedback but I feel that I gotta let him know that I am upset about this first to see if he will rectify the problem. I think I want to return the game to him but I am afraid that he won't refund me the money until I send the game back and even then, who is to say that he will refund my money.

I will send him an email first to see what happens.
>>



Doubt that you will get a refund from this guy.... why?

A) - he took the time to manipulate the idea of buying a used game that is sealed from Blockbuster to sell on eBay - it is obvious that he had thought this processed through.

and

B) - he's already got your money, and since he isn't in the WRONG (legally) he won't have any obligation to return you game - to him, it'd just be too much trouble to do the "right" thing

Keep us posted, if he replies to any of your emails or anything to that extent (chances are he might not even bother returning your pleads for a rectification)

Good luck

)(GG)
 

Lichee

Senior member
Jan 2, 2001
645
0
71
something that dirty deserves a negative rating. you only give neutrals if the guy was a little late on shipping or something. but doing a stunt like this is definitely a "donut" in my books. besides, other people readin the comments will see a neutral and think it was something minor. wrapping a used game and "sealing" it is not a minor issue. I'd be pretty ticked if that had happened to me...

:disgust:
 

GoldenBear

Banned
Mar 2, 2000
6,843
2
0


<< You should always email the person from now on, asking is this "NEW RETAIL SEALED" or some other form of "SEALED"??? >>

Good advice Ms. Cleo.
 

zmatrix

Senior member
Mar 1, 2001
948
0
0


<< This is a less extreme case of misleading the consumer on eBay.... the worst that I've seen would be the "PS2 BOX RETAIL RECEIPT" type deal where the guy who bought it only got a box... sucks.

The thing is... he didn't lie to you - he misled you... and to this you can't really do anything, because the game was in actuality sealed.... he's a scum for having done this to you, but it's just a marketing ideal/scam so to speak. He just found a way to make money w/o doing anything illegal. It was immoral to do such a thing, but to him, it's worth it because I'm sure he made some money on the game - considering he might have bought it that way then resold it to you.

You should always email the person from now on, asking is this "NEW RETAIL SEALED" or some other form of "SEALED"???

It sucks because you didn't expect the guy to pull such a stunt, I wouldn't go as far as leaving him a negative feedback though - because you were partly responsible for your action... you might just put up a neutral, and tell other bidders to beware of his "lawyered" wording. on the plus side.... TMB is an awesome game, I'm still having a lot of fun w/ it (less now that college has started) but a great game nonetheless

Have fun :)

)(GG)
>>



That's just the problem, I know that he didn't really do anything illegal, just that I didn't think that someone would pull something this lame. Now I know why I get questions regarding my auctions if the item I was selling was new even though I had stated that it was sealed. I know better now to email the people but it shouldn't have to be this way.

I just sent him an email asking for my money back plus shipping costs to send it back to him. If I know that the game was in excellent condition, I would just bite it an keep it, but BB rents out games to god knows how many people. I am sure that the disc is scratched up. Anyways, I will keep posted. Good nite and thanks guys.
 

GoldenGuppy

Diamond Member
Feb 4, 2000
3,494
0
0


<< If I know that the game was in excellent condition, I would just bite it an keep it, but BB rents out games to god knows how many people. I am sure that the disc is scratched up. Anyways, I will keep posted. Good nite and thanks guys. >>



Definitely, the games that have been rented out are nowhere in prime condition... people abuse anything that isn't considered their's... not everybody does it, but those who do, normally make up for everybody :| - I remember buying USED games from Electronics Boutique, and these would have been owned by one person or 2 at most, and would've been owned for 20 days MAX... and they usually had some noticible scratches :(

Good luck on your justice venture

)(GG)
 

ace31216

Golden Member
May 22, 2001
1,184
0
0
Email him for a refund if he has a good rating. Tell the seller how you feel. Who knows? He might be nice person and let you return it and pay you back the shipping cost. If not, give him a bad feedback to warn others of dishonesty.