Supposedly purchased something *NIB* but instead received *USED* (ebay)

kendogg

Diamond Member
Oct 10, 1999
3,824
0
71
I purchased some Jordan Team 1 shoes that clearly stated *NIB* and "unworn". I received them today and ugh.. they stank like feet... its so obvious that these shoes have been worn... Im fairly new to ebay so I dont know how situations like these are handled.. What can I do. I havent emailed the guy yet.. but I have one written out.. just waiting on what I can do first. Is it possible that I can get a refund?

YA EWWW would be a good way to look at it.

 

hx009

Senior member
Nov 26, 1999
989
0
0
Join the club... I ordered a 3Com HomeConnect webcam listed as "in EXCELLENT condition" but used. I received the webcam in an ENVELOPE, and the thing WREAKED of cigarette smoke... even the USB cable. Not exactly an inspiring experience. I'll stick with AT FS/T from now on... I'm waiting for the guy to leave me negative feedback for complaining and demanding a partial refund.
 

rpc64

Platinum Member
Jan 5, 2002
2,135
0
0
Email him and ask for a refund and if he doesn't comply give him bad feedback and report him to ebay or something.
 

kendogg

Diamond Member
Oct 10, 1999
3,824
0
71
well.. thats why im waiting on sending the email I have written out.. for the fear of receiving negative feedback. Can I contact ebay or something to help with the situation?...

heres the email Im awaiting to send

Hi.. I received the jordans today and im not quite happy with the purchase. Actually I was rather shocked to see that the shoes were no where near NIB conditions, they did not smell NIB, and nor did they look NIB. I feel that your advertisement was dishonest and misleading. If you look here http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=962553239&rd=1

You clearly stated *NIB* which means New In Box, correct? You also stated they were "unworn". Ive also noticed that picture that you listed there was ripped off another ebayer, I definately had an understanding that those were not the shoes I would receive.. but kept in good mind that I would receive NIB jordan team 1's. I mean put yourself in my situation.. would you be happy if you bought something "NIB" and yet received something used? I highly doubt it. I personally dont like the thought of wearing some one elses shoes. I hope we can solve this here. I'd like a refund for 73.50$ and ill send the stinky shoes back.



 

d33pt

Diamond Member
Jan 12, 2001
5,654
1
81
i received a mouse from ebay that stank like cig smoke and also a mouse from the FST forum that stank like smoke too... something about smoking and mice i guess... nasty...
 

kendogg

Diamond Member
Oct 10, 1999
3,824
0
71
the idiot replies:

<PRE>hi there. the shoes ARE new in box i bought them from Santa Anita Mall
FOOTLOCKER for 50% off from a friend that works there, if you want i will
send you the receipt. they were 50% becuz they were the last pair available
and since many people have tried them on... Technically they are new, becuz
the store would've sold them probably around $100. man, i even sniffed the
shoes myself and they DID smell new and yes i did borrow the picture from
another person only because do not have a digital camera. i'm very sorry
about the "unworn" but i forgot that i got the shoes cheap for a reason.
anyways, the shoes are new in box...just like shoes that have been TRIED ON
at other local shoe stores. besides, you get what you pay for, $73.50 was
not what I was expecting...something more in fact. you can leave negative
feedback and even go to the FRAUD report to get your money back but i've been
there before and done it so i know the hassle. tell me what you're going to
do. i might consider taking them back but i still think you won on the
trade...you're probably mad because i shipped the shoes in the shoe box
itself. i would be mad too, but that doesn't mean you should back out on the
trade. just accept what you got.


My reply:
Hey. After carefully reviewing your response to the detail, I can
confidently assume that your intentions were misleading from the start.
Before I can clearly support my assumption, I honestly insist that i do not
intend to make rash judgements as to make myself appear self-righteous.
Honestly, I dont intend to make this a big deal, but

a. You begin with your first statement that you would send me a receipt,
thereby justifying your action. I'm sorry but logically a receipt does not
and cannot prove anything. explain that man.

b. So you knew it was the last pair? You knew that many people have
probably tried the shoe on inside the store? Thats good logic. but you
totally failed to mention this in your advert. Is that integrity?

c. "Technically they are new, becuz the store would've sold them probably
around $100". So the price makes them new? If they were $50 would they
still be new. in addition I have seen many worn-out shoes in a shoestore.
Just because a pair of shoes comes out a shoestore does not neccissarly make
it in pristine condition.

d. " i'm very sorry about the "unworn" but i forgot that i got the shoes
cheap for a reason." Exactly what are you saying here? That you honestly
just forget easily sometimes? Or are you saying that I shouldve been smart
enough to know that shoes that come this cheap must have something wrong
with them?

e. $73.50 was not what I was expecting...something more in fact . What the
heck...This should have never have been said. Are you saying this was a bad
deal for YOU? So when you wrote that, was that suppose to make me feel
sorry for you?

f.. "just accept what you got." Easier said than done. If everyone in
this world accepted what they got it would be one jacked up world, and you
know it .

So, what is it. Are you an illogical man or a thief?
Dude, All i want is to bid happily, with good intereactions between other
ebayer's. I want what i paid for. Yes, I get what i paid for. But when
there are things like this going on, when people are doing this, this
statement becomes invalid. Honest bidders are not getting what they paid
for because of things like this. I dont want to resort to negative feedback
or Ebays fraud report. I believe that we are both adults and can handle the
situation without having other parties involved. All I ask for is a refund.


Waiting on reply...
 

GoingUp

Lifer
Jul 31, 2002
16,720
1
71
I would think that this consititutes mail fraud, and since you have his address, why dont you call up the local police to enquire about it. I have heard of other people getting ripped off doing the same thing.
 

Dragnov

Diamond Member
Apr 24, 2001
6,878
0
0
And hence, I stopped using ebay. I bought a "good condition" cell phone for $150+... since its not my story, to make a long story short... I ended up w/ a POS phone that half the buttons didn't work and had a lifetime of a couple thousand hours. Filed a complaint through paypal and ebay, and ended up with the POS phone that is stored in some box somewhere and out $150+.

Paypal and ebay can suck it.
 

hamburglar

Platinum Member
Feb 28, 2002
2,431
0
0
That guy is such a lame a$$. I wonder what happens to him. He's totally trying to rip you off. Keep us updated
 

kendogg

Diamond Member
Oct 10, 1999
3,824
0
71
His reply:
<PRE>ok, I admit that I "played with the wording" to maximize the sale. After
thinking things through and just being convicted that what I did was not 100%
truthful, I will honor your request by giving you a 100% refund. $73.50 paid
to Kenny Sim? I did not want you to feel sorry for me by the way by your
winning the auction at $73.50. Another thing is, I should've had said, "NEW
CONDITION, worn in the store several times." I don't know why I acted so
dumb. You know what, you can still leave NEGATIVE feedback too. As corny as
this may sound I'm really sorry and will you forgive me? As soon as I get
the shoes I'll send you the check. Let me know what you think. You can say
whatever you want (trash talk, cuss me out, say how lame i was, blah blah
blah, i don't really care. i hope you're not too mad). Just keep emailing
me until you get your $73.50 back.


Okay.. I must be dealing with an idiot kid. OMG less than 6 deals and I already get a focking bozo. Anandtech I had 60+ deals and I have yet to experience this. Geezus.
 

dafatha00

Diamond Member
Oct 19, 2000
3,871
0
76
Originally posted by: kendogg
His reply:
<PRE>ok, I admit that I "played with the wording" to maximize the sale. After
thinking things through and just being convicted that what I did was not 100%
truthful, I will honor your request by giving you a 100% refund. $73.50 paid
to Kenny Sim? I did not want you to feel sorry for me by the way by your
winning the auction at $73.50. Another thing is, I should've had said, "NEW
CONDITION, worn in the store several times." I don't know why I acted so
dumb. You know what, you can still leave NEGATIVE feedback too. As corny as
this may sound I'm really sorry and will you forgive me? As soon as I get
the shoes I'll send you the check. Let me know what you think. You can say
whatever you want (trash talk, cuss me out, say how lame i was, blah blah
blah, i don't really care. i hope you're not too mad). Just keep emailing
me until you get your $73.50 back.


Okay.. I must be dealing with an idiot kid. OMG less than 6 deals and I already get a focking bozo. Anandtech I had 60+ deals and I have yet to experience this. Geezus.

heh. well at least you're "hopefully" getting your money back. but he did waste your time. i'm surprised the guy was that honest in the end.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Sounds like you have all documented proof you need to nail him for mail fraud.
 

kherman

Golden Member
Jul 21, 2002
1,511
0
0
Originally posted by: kendogg
the idiot replies:

<PRE>hi there. the shoes ARE new in box i bought them from Santa Anita Mall
FOOTLOCKER for 50% off from a friend that works there, if you want i will
send you the receipt. they were 50% becuz they were the last pair available
and since many people have tried them on... Technically they are new, becuz
the store would've sold them probably around $100. man, i even sniffed the
shoes myself and they DID smell new and yes i did borrow the picture from
another person only because do not have a digital camera. i'm very sorry
about the "unworn" but i forgot that i got the shoes cheap for a reason.
anyways, the shoes are new in box...just like shoes that have been TRIED ON
at other local shoe stores. besides, you get what you pay for, $73.50 was
not what I was expecting...something more in fact. you can leave negative
feedback and even go to the FRAUD report to get your money back but i've been
there before and done it so i know the hassle. tell me what you're going to
do. i might consider taking them back but i still think you won on the
trade...you're probably mad because i shipped the shoes in the shoe box
itself. i would be mad too, but that doesn't mean you should back out on the
trade. just accept what you got.


My reply:
Hey. After carefully reviewing your response to the detail, I can
confidently assume that your intentions were misleading from the start.
Before I can clearly support my assumption, I honestly insist that i do not
intend to make rash judgements as to make myself appear self-righteous.
Honestly, I dont intend to make this a big deal, but

a. You begin with your first statement that you would send me a receipt,
thereby justifying your action. I'm sorry but logically a receipt does not
and cannot prove anything. explain that man.

b. So you knew it was the last pair? You knew that many people have
probably tried the shoe on inside the store? Thats good logic. but you
totally failed to mention this in your advert. Is that integrity?

c. "Technically they are new, becuz the store would've sold them probably
around $100". So the price makes them new? If they were $50 would they
still be new. in addition I have seen many worn-out shoes in a shoestore.
Just because a pair of shoes comes out a shoestore does not neccissarly make
it in pristine condition.

d. " i'm very sorry about the "unworn" but i forgot that i got the shoes
cheap for a reason." Exactly what are you saying here? That you honestly
just forget easily sometimes? Or are you saying that I shouldve been smart
enough to know that shoes that come this cheap must have something wrong
with them?

e. $73.50 was not what I was expecting...something more in fact . What the
heck...This should have never have been said. Are you saying this was a bad
deal for YOU? So when you wrote that, was that suppose to make me feel
sorry for you?

f.. "just accept what you got." Easier said than done. If everyone in
this world accepted what they got it would be one jacked up world, and you
know it .

So, what is it. Are you an illogical man or a thief?
Dude, All i want is to bid happily, with good intereactions between other
ebayer's. I want what i paid for. Yes, I get what i paid for. But when
there are things like this going on, when people are doing this, this
statement becomes invalid. Honest bidders are not getting what they paid
for because of things like this. I dont want to resort to negative feedback
or Ebays fraud report. I believe that we are both adults and can handle the
situation without having other parties involved. All I ask for is a refund.


Waiting on reply...

OK, I don't get how you were mislead. You got new shoes, that were never used. They were tried on though. I don't see how you have a leg to stand on.

Besides, why the hell do you want to waste your money on these shoes? Why not get something new at foot locker?

 

ChefJoe

Platinum Member
Jan 5, 2002
2,506
0
0
Heh, wants you to send back the product and wait for a refund check... maybe if this guy were a reputable company or something, but for an e-bay person? nah. This is begging for an escrow service.