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Buyer beware? Insight/Advice needed.

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timelordscience

Super Freak
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Jan 9, 2013
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First and foremost, I apologize if this isn't the correct section to make this thread in. I figured it was the most relevant to put it in the buyer section (since I was the buyer) but if not, sorry about that. D:

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Sorry ahead of time if this is long winded, I just wanted to make sure to cover everything.

I'm going to try to stay as neutral as possible about the situation since I don't want the seller to come off as this 'terrible person' or anything because he's been actually extremely nice but I'm kind of irked by the situation and at a stalemate and would like some insight/advice on what to do as I've never really had an issue like this before.

I purchased a She Hulk Comm and Black Cat PF from user painter x and he gave me a great deal on them because they both lacked boxes. I didn't mind that they didn't as I planned on keep both for a fairly long time. He had positive feedback so I wasn't too worried about it at all. I paid for both on the 20th of January (well, actually, I paid for She Hulk before that and then Black Cat on the 20th and they both were shipped together to save on shipping). They were shipped via UPS and when the box arrived (I picked it up at the UPS), it was a little banged up but nothing too crazy. Upon arriving to my house, I noticed the bottom of the box had an open hole in it (I saw peanuts on my car floor and was like 'what the heck?'). Opened up the package and found out that pretty much everything was destroyed inside (everything wasn't packaged as securely as I would have liked but it was passable) . She Hulk's suitcase was completely gone (probably fell out the hole in the box), her base was destroyed (the sewer lid on the base had snapped off where it goes upwards), Black Cat has multiple damages (decapitated, missing finger, hair pieces busted up), and her base was pretty bad off (nicks/chips in the safe, one of the gold 'bars' snapped in half, gold marks on the back of the safe, some chips in the main base).

I emailed the seller promptly to let him know what was going on and he said he'd repair the damages for me free of charge (he's extremely talented with customs and such) which was fine since I'd rather have the figures than my money back and he seemed to not really want to refund. He told me to send back She Hulk's base and the main Black Cat; I kept She Hulk (as she managed to make it unscathed) and Black Cat's base & safe. I then PAID for shipping back via priority (USPS) the SAME day I got the items (so basically, unpacked them, saw damages, repacked them, shipped them out). He quoted me a week for She Hulk's base repair and a month to resculpt a suitcase for She Hulk and to make the repairs on Black Cat - I agree'd and asked him to keep me posted with updates.

He then, assume-ably, went to work repairing stuff for me (plus whatever else he does on a daily basis). I kept touching base with him every/every other week or so to see how stuff was coming (which, I was worried about irking him but once again, I've never had to do anything like this before so I wasn't sure what the correct etiquette was). We'd chat on gmail chat about various things and he was/is extremely nice the entire time.

Fastfoward: She Hulk's base is finally completed/mailed out Feb 11 (longer than expected but I don't like rushing people) . He did an amazing job on it and it looks like it was never broken - hurray! So, now I can finally put She Hulk in the base and have her stand upright; she just is missing the suitcase.

Rest of February goes by, check in periodically, says he needs more time on Black Cat/She Hulk suitcase. March 10th, he gets irked about the emails (which I apologized) and says that everything will be done at the end of the month.

Due to the Easter holiday, I got crazy busy with work and sent an email on the 27th of March giving him my address to send the repair work back at the end of the month (as quoted). He emailed me back later in the day saying he'd been sick with the flu for a week and hasn't been able to get anything done; I empathize and send him good wishes on a speedy recovery.

At this point, 2 months and some weeks later, my boyfriend has been getting increasingly irked at me for letting this go on for so long (I'm the type of person to assume the best in people so I didn't want to rush the seller to fix everything 'cause I know people have other life duties to do as well). So finally, April 2nd, I decide to send an email to him saying to just send them back 'as is' and I'll try to just do the rest of the repairs on my own; I told him that I was/is headed out of town on the 12th (well, Thursday evening) so if he could send everything out before then, it'd be great (to avoid any mail issues with me not being home). I offered to even help pay for the return shipping if it was an issue.

Now, I haven't heard anything since I sent the email on the 2nd. I've tried contacting him on gmail chat when he's online and he hasn't/doesn't want to talk to me. I'm not sure what to do at this point. We're not exactly wealthy people (boyfriend works at a bookstore and I pet sit/dog walk so definitely not rolling in piles of cash, haha) so we can't really just say 'the hell with it' and just let it go/let the money vanish that we spent. My boyfriend wants to file a police report but I feel bad since, up until now, the seller has been really nice and I want to think that he isn't trying to bamboozle me or anything. Also, since I have half of the Black Cat statue, I don't know why/what he'd do with just the other half so it seems silly? Even a quick 'sure thing, I'll get them out' email wouldn't be that hard to do. :/

Any advice on what to do/move forward, would be greatly appreciated. Like I mentioned, I've never actually had anything like this happen to me before so I'm not sure what to do at this point. Obviously, I'm hoping they'll just show up in the mail and he's just been too busy to ship stuff but the lack of communication is upsetting. I even told him I hoped he wasn't mad at me over the entire situation because I considered him to be an awesome person. :'(

- - -

tl;dr - purchased 2 statues in January, statues arrived damaged, seller promises repair within about a month, still haven't gotten statues, now seller isn't responding.
 
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IMO, I think you've been a little too kind. As a seller, its his responsibility in tge first place to make sure that stuff is packed accordingly. Second, put insurance on it. Third, be a standup person and either refund it or fix it swiftly. A police report isnt gonna matter and wont do any good. No crime has really been committed. He didnt steal anything and they wont get involved anyways. You just might be screwed on this one. If you went through Paypal, file a complaint. Otherwise, just be careful of who you deal with, and make sure your stuff is insured when being sent to you. Again....this is my opinion.
 
I would file a dispute immediately once an issue has not been resolved after 30 days if you paid by paypal. It's one thing to wait 2-3 weeks for insurance processing, but it sounds like this guy took your money, mailed you out damaged goods on purpose, then offered to take them back and repair them in a time frame that goes over that 45 day protection. The reason he has stopped responding to you now is probably because it's past the 45 day period. I would contact your credit card company at this point and try to get it back that way.
 
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You've waited too long. If you used paypal, and have a paypal debit card, try to call the number on the back and file a claim. If not - Call paypal, ask for a supervisor, explain the case and the reason for the late claim. They do sometimes allow a late claim if the purchase was made outside of ebay.
Do it as soon as you read my reply - You've been schtooped.
 
Always protect yourself as a buyer. A transaction should never take this long. I can see why your man is mad at you. You're being too nice about it IMO. All high valued items should be insured when shipped to avoid both the buyer and seller to have to pull money out of their pockets if anything happens. Sorry to hear that you're having a tough time here. Hope it doesn't leave you a bad taste on trading or purchasing here. There's still a lot of good and honest people here.
 
Thank you everyone for your advice; it's greatly appreciated! I'll try to give Paypal a call before heading out of town this evening and see if they can help at all.

Just sucks because I really wanted everything to end up alright; especially so since I was REALLY wanting She Hulk. Guess I can try to sell the incomplete one on ebay and start saving up to buy a complete one again.

I'll definitely just have to be more careful in the future!
 
Thank you everyone for your advice; it's greatly appreciated! I'll try to give Paypal a call before heading out of town this evening and see if they can help at all.

Just sucks because I really wanted everything to end up alright; especially so since I was REALLY wanting She Hulk. Guess I can try to sell the incomplete one on ebay and start saving up to buy a complete one again.

I'll definitely just have to be more careful in the future!

Have you heard back from Painter X recently?
 
Have you heard back from Painter X recently?

Nope.
Sent the last emailing on April 2nd requesting the stuff to be shipped back and haven't heard anything back. :/


Maybe one of the customizers on this forum can help you out. Lots of good artists on here

I'll have to check around and see! Can't do much about black car since she's completely missing but maybe can get a briefcase for She hulk!

Just sucks to have to pour more money in.
 
When I say the title I instantly thought of:


scarecrow-buyer-beware.jpg
 
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