need some ebay advice

[dionx]

so I auctioned a copy of UT2004: DVD Special Edition on ebay. the game was sold opened, but i never installed it since i saw the prices it was auctioning for.

the buyer has received the product but says it won't install due to an error on the disk. he would like a refund, but that is something i would not like to do. it's not like i'm a store and have a return policy. i never stated anything in my auction about a return policy since i never assumed it would happen. plus how do i know that there really is a install disk error? what if it's his computer or that he just doesnt want the game due to the inflated price of the game when another DVD set of the game is being released at lower costs.

here is a link to the auction Text

i already have the CD version of the game and i wanted to turn a profit on the special edition so thats why i dont want it back. what should i do?

 

[waggy]

dont be an the scum of ebay.

If he states ti dont work because of an disk error then have him send it back and refund his money. You should still have the reciept you can exchange the game.

though it seems shady you opened it but didnt install it and it has a disk error. but you happen to have the cd version also! hmm yeah.

 

[Eli]

You have two choices.

1) Give him a refund and relist

2) Take the neutral/negative

Your choice.

 

[JoeKing]

Hmm you have in mention on the auction of the product being sold as is, or even open for that matter (was the buyer aware it was opened?). You should probably return the money and eat the shipping cost.

 

[waggy]

oh yeah didnt read the auction

you didnt even state it was open! wth refund his money!

 

[Compudork]

These special addition are DVD and maybe he tried it in a CD drive and it doesn't work or something... But either way, I say refund him, look at it from his perspective: he buys a game, it arrives open and doesn't work. You never sold it "as-is" or even suggested it was open either. Also, as you say, you have no return policy, which was a clear oversight. If that is the case, I say give the buyer the benefit of the doubt and refund him; think of it as a cheap lesson of why you need to clearly state a refund policy in the future.

On a side note - You say "it's not like i'm a store and have a return policy" if that is the case, then why the heck are you charging sales tax?!?!

 

[J0Y]

Originally posted by: CompudorkOn a side note - You say "it's not like i'm a store and have a return policy" if that is the case, then why the heck are you charging sales tax?!?!

Aren't sellers suppossed to charge sales tax when selling items to people in their state?

 

[Wuffsunie]

Tell him to ship it back and refund his $$ (his shipping is up to you) only once you've verified it indeed dosen't work.

Computer games are REALLY dodgy on ebay, as the buyer can just copy it, claim it dosen't work, and try to get his $$ back.

 

[Yossarian]

sales tax, WTF!

 

[zixxer]

you're a fuckin tool imo.

I would want a refund too if I bought a game that was never stated as being opened.


And why the hell are you charging sales tax?



Return the guy his money. Make sure you get your game first.

 

[TwinkleToes77]

Had you mentioned that is was an open box in the auction my intial response would have been.. "have him send it back, you verify it doesnt work, and then refund the money"

But because you were shady in the auction and never mentioned it was opened you should return all his money since it's not the item he purchased(he assumed it was unopened) anyways.

 

[Yo Ma Ma]

Well, since you asked.. yes, you should refund his money.

 

[Freejack2]

There is no reason why the game manufacturer wouldn't replace the discs. Tell him to send the discs to the manufacturer for replacement. Offer to pay the fees to ship the item priority mail and whatever the game manufacturer charges to replace them. Ask him to send you a copy of the shipping receipt when he ships it to the manufacturer as proof of payment. If he is serious, he will be happy that you went the extra mile to help him out getting it replaced. If he is full of cr*p then he will hem and haw at this.

 

[Vette73]

I think some people have had problems with the DVD not installing correct. There is a fix somewhere but I don't know as my DVD version works fine

 

[KarenMarie]

You mislead the buyer! It was an open item and you did not disclose that fact. It is illegal for you to charge sales tax, since you are not a registered business. You gouged him on shipping, too.

After all this, the game is defective and you are wondering if you should refund him? Good Lord!!

Apologize to the buyer, ask for the item back and refund every penny. Test the game in your system, and if it works, relist it and BE HONEST this time.

 

[dionx]

ok i went to the atari website trying to find a response for discs not installing properly. there was no mention of it, so i asked them if i can have a disc replacement for a nondefective disc (pending that is the problem). since a proof of receipt is needed, i will act as the conduit between the ebay buyer and atari in order to get that replacement disc. hopefully atari agrees to ship me a working dvd disc. if they only want back the game disc, ill only ask that from the buyer so i can do an exchange with atari. i already emailed the buyer what i did.

well i did not know the game is defective. what if i get and back and it isnt? where do i go from there?

 

[KarenMarie]

if you get the game back, and it is not defective...

do not refund his return shipping. He can eat what it costs to return the game to you. You can get your fees back from Ebay. the relist will be free. you will not be out anything. Except a little time and since that game is hot, it will sell. And since you did the right thing, you will be rewarded with not only a clear conscience, but maybe a higher selling price on the 2nd go!!

 

[Compudork]

Why not just refund the shipping back anyways? You charged $12 to ship the game, in my opinion that in itself should pay both ways. I am still interested to hear your reponse as to why you are charging a sales tax if you are not a registered business.

 

[KarenMarie]

if the game is not defective, the seller should not lose out any money.

He should refund every penny, including return shipping, if the game is defective. But if there is nothing wrong with the game, then the seller should not lose out for the buyers mistake.

 

[Compudork]

Well technically he shouldn't lose out because he charged so much for shipping the first time that even if he eats the return shipping costs he should break even on it. I'm sorry, but I'm not a big fan of people trying to make profit off of shipping (even if it is stated in the auction, it's still sleazy IMO). In any sale I have, I quote a fixed shipping charge and if it costs me more to ship, I eat that cost, if it is less, I refund the money (in fact, just recently, I had a buyer tell me he was in a hurry for a camera lens so I overnighted it to him at no extra cost). Maybe that's because I always put the buyer first and rather drop a couple bucks then let shipping costs ruin my day after an argument.

I think under any normal circumstance I would agree with you (Karen) 100%, but the bottom line is he overcharged on shipping, failed to mention it was open box, and charged sales tax for some undisclosed reason, in this case I find it hard to sympathize with the seller. (IMHO the fact that it was open box is reason enough to bite the shipping cost, and the seller should consider himself lucky that the buyer isn't threatening to leave a neg feedback based on that fact alone).

 

[waggy]

Originally posted by: dionx
ok i went to the atari website trying to find a response for discs not installing properly. there was no mention of it, so i asked them if i can have a disc replacement for a nondefective disc (pending that is the problem). since a proof of receipt is needed, i will act as the conduit between the ebay buyer and atari in order to get that replacement disc. hopefully atari agrees to ship me a working dvd disc. if they only want back the game disc, ill only ask that from the buyer so i can do an exchange with atari. i already emailed the buyer what i did.

well i did not know the game is defective. what if i get and back and it isnt? where do i go from there?

refund the money. You never stated that the box was open. How is he to know you didnt buy it and get a new one because it was defective? how is he to know you didnt use the key and register it?

not to mention you ripped him off on shipping and tax. There is NO WAY IN HELL you should have charged him tax.

 

[CanOWorms]

Standard practice on eBay is to state if it's brand new or sealed. If it's not stated, then it's assumed to be opened or used. I don't think the seller did anything wrong here.

I'd contact the manufacturer or ask the buyer to contact them. But, if he's getting nowhere, you should accept it back and refund him and deal with it yourself.

 

[orakle]

well, y'know why ebay sellers charge less for the item and more for shipping, it's to avoid ebay fees. Lets say i sell you something for $95 + $5 shipping, I'll get charged whatever percentage on the $95. Now if i instead sell it for $70 (ridiculous example), and ask for $30 shipping, its screwin' ebay out of some fees. not to say that he wanted to screw ebay, but thats just why many people do that. What you have to do is make it part of the cost. Whatever you're bidding plus the shipping is how much you want to pay. If you look at it that way you won't be (as) mad when he charges you an obscene amount for postage.

 

[Compudork]

Hey Oracle, I know all about the fees thing and I understand it, but that doesn't make it right in my mind. And to clarify, I wasn't mad about it, I just don't think it's honest busniess. I think Ebay fees are ridiculous, which is why I'm trying to get away from Ebay, but it is clearly stated in the rules that gouging on shipping to compensate for price is not allowed. If I sign up for a service, then I follow the rules of that service. Hate or love Ebay, when you sign up you confirm the user's agreement, like it or not, the honest thing to do is follow that agreement. I was raised old school- so maybe that's just me. Really, I was just commenting on it, I didn't mean for it to become a big issue.

As for him not doing anything wrong by not stating it was open- this is true. It is the buyer's responsibility to find out anything that could be left open to interpretation and make no assumptions. Even though what his did was technically not wrong, it was misleading. His picture shows no evidence of an open box, and the game was just released, the whole "feel" of it is brand new. Of course, this is a subjective type of thing, but I'm sure many would agree that it is all suggestive towards a brand new sealed item. I know I would have 100% assumed it was sealed; however, I know well enough to ask....but in this case the presentation was misleading in my opinion.

In the end here, there is no definitive right or wrong answer. The seller had no specific policy in place for returns and both him and the buyer are in a jam. The open box issue seems not to matter much, as there is no mention of the buyer complaining about it. The only thing that still bothers me is WHY IS THE SELLER CHARGING SALES TAX?? I'm sure this breaks some law, and since that money should go to the government, it's probably a hardcore felony that'll get you more years than murder. I'm very urious to hear an explanation for this....

 

[KarenMarie]

Originally posted by: CanOWorms
Standard practice on eBay is to state if it's brand new or sealed. If it's not stated, then it's assumed to be opened or used. I don't think the seller did anything wrong here.

I'd contact the manufacturer or ask the buyer to contact them. But, if he's getting nowhere, you should accept it back and refund him and deal with it yourself.

I disagree with that 100%!