Expert: Suzie Eads - 4/2/2008

Question
Hello there, I recently purchased a video game off of ebay for approximately $20US through a moneyorder.  Once I recieved the package I opened it and found the case cracked in several spots and falling apart.  Inside were all four discs, I looked at each and they seemed pretty worn out, as well there was an instruction manual which looked like it had been soaked then dried off.  Anyways, I took each disc and plugged it into my game console...each disc started so i did not think there was any problem.  However, as I was completing the first disc I found the game would "skip" certain points(for example, dialogue between characters would not happen or they would discuss parts of the story not relevant at the time)...i finished that disc and moved on to disc two.  This is where the problem begins, first when i tried going to the load screen it would freeze...i would then have to remove the disc, wipe it, plug it in and repeat until the load screen would finally appear...but when i was able to load and play it would freeze several seconds into the game.  Clearly, the item I purchased is not in working order as the seller stated in the discription.  I proceeded to message the seller asking for a refund as it clearly does not work.  The seller responded by baddgering me and accusing me of trying to get a "free item" and saying the item is in perfect working order and that she played it before shippinp(also I should add on the back of each disc you can see fingerprints and circles as the result of an attempted cleaning). The seller also stated that she will not even consider a refund until she recieves the item back...i dont feel i can trust her after the emails she has sent me. Anywho, I have contacted ebay and requested their help in resolving this matter and im just wondering what advice you may be able to give me as this matter progresses.  I have searched all over the internet to try and find something similar but everything deals with paypal.  Also, would it help if a photographed the back of each disc to show the damage and a video of the game freezing up?
Thank you for your time and advice,
Brian

Answer
Brian;

I am really sorry you are having this problem. How is the seller's feedback?  Have they had these problems in the past?  What kind of a seller are they? Do they sell a variety of things or just video games? I ask these questions, because it would help me figure out where this person is coming from. Based on their accusations it sounds like they are a small time seller.  In this day and age of eBay it seems very risky to treat a customer this way. Large sellers and PowerSellers are really being held accountable for their customer service.  

Because you used a money order I am afraid you will really have no choice but to trust this seller to refund your money. If I found myself in this position I would do the following:

1. Take photos of the damage.
2. Carefully Package the item up to be sent back, and send back using a traceable shipping method. If you are using priority mail, I would consider even putting a signature confirmation on the package.
3. File a not as described dispute through eBay. http://feedback.ebay.com/ws/eBayISAPI.dll?InrCreateDispute

The one way you could have prevented this from happening is by using PayPal in the future.  If a seller sends you something that is not as described, or does not send your item at all you will be protected by PayPal's Buyer Protection.

Good Luck with this. Please let me know if there is anything else I can do!