Received a damaged Captain America on EBay, what can I do? Please Advise!

[Raelthorne]

Hi Folks,

I received my first damaged statue off EBay. The item was advertised as mint and I've bought off this UK seller twice before on expensive items (he has 99.5% positive feedback). I emailed him last night and sent him pics of the damage:

As you can see the paint is chipped and from the nature of the paint and the chip, it looks like more could come off. Just to note the item was insured.

I was just wondering what am I entitled to, can I request a refund? I know if I got something in this condition from a shop I'd be entitled to a refund or replacement. But under ebay I'm not sure of my position.

The seller has emailed me back this morning and said that the statue was in mint condition when it was sent out (he attached pictures) and that the damage was probably caused from the wing rubbing against the styrofoam.

From his emails he's mentioned either putting in a claim for compensation for the damaged wing or else I send the statue back to him and he'll get someone to paint it up.

Can anyone advise what I can do? I know by the nature of the paint crack, it'll just get worse.

Please help & offer advice!

Thanks,

Ken

 

[orc brute]

personally i would scrape the rest of the paint off the wing ,and then repaint it lucky it is white and not a flesh tone or something like that, thats if you are willing to do it. and it depends on how much you want to keep it , as it may sustain more damage when you send it back for a refund or repaint.

 

[jbinny]

kick his a$$ seabass

 

[woodsy]

It will be very easy to determine whether he shipped the statue damaged or not. If he shipped it mint, the paint chips will in the packing materials. If he shipped it to you already damaged, they won't be there.

 

[Raelthorne]

personally i would scrape the rest of the paint off the wing ,and then repaint it lucky it is white and not a flesh tone or something like that, thats if you are willing to do it. and it depends on how much you want to keep it , as it may sustain more damage when you send it back for a refund or repaint.

bummer, but at least he seems willing to do something with it, i guess it depends on if you will be happy with a repaint, if you put in for comp will you get the full money back and be able to keep the statue?

To be honest, if I got this home from a shop, I'd be back in the next day looking for a replacement or a refund. So no, I wouldn't be happy with a partial refund.

The damage is completely obvious, and stands out like a sore thumb.

I bought the item as it was described as mint so I'm not happy with it.

kick his a$$ seabass

I'm trying to resolve this as amicably as possible as to avoid getting stung with negative feedback if I complain.

It will be very easy to determine whether he shipped the statue damaged or not. If he shipped it mint, the paint chips will in the packing materials. If he shipped it to you already damaged, they won't be there.

Good idea woodsy, I'll take a look in there now.

As far as I see it the seller has my money, I paid for insurance so therefore I should be covered and should get a refund? Is that the way it should work?

 

[ONEYE]

https://pages.ebay.com/help/tp/isgw-buyer-protection-steps.html

 

[Raelthorne]

Going back to my original query, am I entitled to a refund. Under legislation in the UK I would be if I was dealing with a shop, but because its with another person through Ebay I'm not sure.

 

[Shropt]

I'm trying to resolve this as amicably as possible as to avoid getting stung with negative feedback if I complain.

Ebay has changed their feedback system. You, as a buyer, are now unable to get negative feedback for a transaction. Do what you need to do because there are no repercussions anymore from ebay.

Good for the buyer, bad for the seller.

 

[Raelthorne]

It will be very easy to determine whether he shipped the statue damaged or not. If he shipped it mint, the paint chips will in the packing materials. If he shipped it to you already damaged, they won't be there.

Okay, I opened the statue up again and had a look. I examined the statue and the materials. There's no sign of paint flakes in the box.

 

[raider]

if you payed by paypal you will be ok, just open a dispute and they will after they have investigateing it, ask you to send it back, once he recives it you will get all your money back - the money it costed you to post back

what i would do personly is tell him your not happy and request a partial refund saying the item is not mint BUT your willing to keep it and repair it your self, Ive done that a few times

 

[Raelthorne]

I've sent him an email stating that I'm not happy with the condition of the statue.

I told him that I wanted to try and resolve this as amicably as possible for all parties concerned.

I told him that I was unhappy that it was advertised as mint condition and unfortunately when it arrived to me that was not the case and pointed out that looking at the pictures that I have sent him, that the paint has been damaged and that more will flake and come off.

I told him that I wasn't willing to accept the offer to repair the statue and that statues are highly visual items and a viewer’s eyes are naturally drawn to the damaged areas or an area that has been repaired to see if it conforms to the rest of the statue.

I also told him that I had been advised to double check the statue and the packaging materials and that I could not find any trace of the white paint from his wing.

 

[Adoptedscot]

Okay, I opened the statue up again and had a look. I examined the statue and the materials. There's no sign of paint flakes in the box.

sounds to me like the damage was already there, if there are no paint chips/flecks in the box or the box isnt damaged in anyway that i would say this was already damaged.
I too am in the UK and even if an investigation is opened by the postal services to claim, if the outer box is not damaged or dented in anyway, then they put the damage to the poor packaging (inside the box) of the sender and as such will not honour any claim.

If I were you I would file a paypal complaint now, that will then tell the seller you mean business. Then liase nicely, no need to be mean, (through paypal)to resolve the issue, either return the item and get a refund or get a partial refund for the cost it will take for you to get it professionally repaired.Depends what you want to do.If they ignore you or do not solve anything to your satisfaction then escalate the paypal complaint to a claim, get your money back.

As mentioned though you cannot get negative feedback anymore, yes they can leave a negative comment, but if that is abusive or vulgar in anyway then it can be removed by ebay.
Just make sure you dont leave them feedback until this is resolved, its their rating that will be hit, not yours.

Thats how I would do it anyway.
Hope it all works out for
Shell
x

 

[ilovefreestufftoo]

I've sent him an email stating that I'm not happy with the condition of the statue.

I told him that I wanted to try and resolve this as amicably as possible for all parties concerned.

I told him that I was unhappy that it was advertised as mint condition and unfortunately when it arrived to me that was not the case and pointed out that looking at the pictures that I have sent him, that the paint has been damaged and that more will flake and come off.

I told him that I wasn't willing to accept the offer to repair the statue and that statues are highly visual items and a viewer’s eyes are naturally drawn to the damaged areas or an area that has been repaired to see if it conforms to the rest of the statue.

I also told him that I had been advised to double check the statue and the packaging materials and that I could not find any trace of the white paint from his wing.

*thumbs up*

 

[MinMay]

Another dishonest eBayer. If the seller is reading this, then he can go to hell and get one of these

I'm staying away from Ebay from now on....If I miss out a nice statue in the past, screw it...life moves on with better statue ahead of us.

Okay, I opened the statue up again and had a look. I examined the statue and the materials. There's no sign of paint flakes in the box.

 

[jbinny]

Another dishonest eBayer. If the seller is reading this, then he can go to hell and get one of these

an indiana jones smilie face???????????


seriously though, there are so many crooked sellers out there looking to dump their junk for a profit. i've learned that paypal and credit cards allow disputes and chargebacks for a reason... to protect the buyer. after all, the customer is always right.

 

[Raelthorne]

Hold on a second guys, this seller has excellent feedback and has been in contact with me. We're dealing with it in an amicable fashion.

Please don't start throwing words around like dishonest, dumping junk etc. He's completing an insurance claim and I've opened a dispute with paypal. Hopefully the matter will be resolved.

 

[woodsy]

Okay, I opened the statue up again and had a look. I examined the statue and the materials. There's no sign of paint flakes in the box.

He screwed you! I had this happen a year ago with an excl. IM comiquette I bought. Paint chips were missing in no less than 8-10 places but not a single paint chip in the packing materials. I made a beeline for the post office and was told I could file an inse. claim, but there was no way it would be paid out because there was no way it was damaged during shipping. The 1st thing the post office employee asked me was "where are the paint chips?"

 

[Vader AL]

this is a shame because it's a beautiful piece and hard to find.

 

[Deadly Dagger]

If its just the white paint...this is an easy fix. The seller seems to be working with you. I think its fair to ask for a little money back...or just fix it yourself. Honestly there are waaay to many anal people here who are too scared to pick up a paint brush.

 

[maverick]

I received a Chrome Colossus it was packaged immaculately but it had paint chips inside, the guy who posted it too me is having hell of a fight with the Post Office to get his insurance claim, the paint flecks were in the box so it was not damaged before it was sent, however the night it was in transit was freezing cold and we both believe this caused the paint to crack, so to us its down to the Post Office for not storing it properly imho, but those bastards will not honour their insurance. Send it back and get a refund but I wouldnt hold out much hope of getting anything off the Post Office.