I Won this auction
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=190130762935

I opened the box and Shockwave shoulders are seprated, broke whatever. The Head is Loose.

Joints are all loose.
Now the guy wont refund me the money because under Shipping he wrote items are sold AS-IS.
Do you think paypal won't refund me because in the auction it has AS-IS?
I didn't even see that there when I bought it.

Damn this dude. Sold me some craptastic Shockwave!

 

He did say the figure was in great condition. Based on that you might have a shot, but the auction was clearly intended to conceal the damage and trick a buyer. He knew what he was doing and will certainly fight you on it.

 

Can't give up. You won't get anything if you don't try and he did say "great condition" and didn't specify breakage especially. As-Is is one thing, but he has that description, so good luck.

 

I do not even see where it says as is, but maybe I am being dense  

I would have to say the auction was clearly deceptive since he says in "great" condition.

 

I say, at least try to get your money back.

You've got nothing to lose & if Paypal sides with you, awesome.

If not... Live & Learn. Usually Sellers won't list something "As Is" unless there's something wrong with it.


It sucks, I know. I've been burned on Ebay more than once.

Unfortunately, it seems to be part of the game.

 

It's way down at the bottom, under "Seller's payment instructions"


Very easy to miss.

 

It doesn't matter what the auction states, Paypal is always on the side of the buyer. You should have no problem getting your money back, just open the dispute with Ebay and Paypal and you should be all set.

 

Yea, he emailed me back reminding me he sold it AS-IS. Also that other people seen the Shockwave and there was no problem.
I tryied to zoom into the pic and see if he causght it in the shot but it gets to blurry.
Damn I may be screwed.

 

I hope you did sent him messages via ebay asking him if the condition of Shockwave was good and it would wonders for you if he replied "yes" via ebay.

I think you should file a complaint via Pay Pal as you got nothing to lose .

 

This right here is what will help you.

"The figure is in great condition and the rubber and joints do not show the wear or the age."

This is clearly contradicted by the item you received. The item is not as it was advertised, therefore, per eBay and PayPal, you are in the clear to dispute it, and will problably win with little trouble. Saying "as-is" does not free him from his obligation to sell the item he describes.

 

Yup - you're not screwed. Paypal will back you up 100% on this, I'm sure of it. And bad karma will run into this asswad for pulling crap like this.

 

I don't have a problem with "as-is" auctions as long as the description is accurate, which in your case it was not. Dispute the item description and see what happens. You never know.

 

Check out this thread. It's similar to your situation.

http://www.tfw2005.com/boards/showthread.php?t=143384

We need a sticky or something.

 

try man. I know Ebay is sucks when it comes to things like this. Stupid sellers.

 

This sucks, but I opened a case. He has't responded to that, I may just make it a claim. HOpe he has funds in the account of I'm really screwed.

 

I wouldn't worry. The description is miss-leading and hence "Not as described" which is a valid dispute reason with Paypal.

It happened to me (but the other way) with a Prime I sold. I packed it up and sent it to the winner but while faffing about with the Primes I didn't put his gun in the box.

The winner opened a dispute saying not as described - was a pain because paypal stopped my account. The winner didn't even wait for me to say it was my fault and send him the gun. We sorted it out but it was a pain for a while.

I also paid £300 for a lot of TFs and the seller hadn't used paypal before. I sent the money and he thought he could hold on to the cash. He even emailed the 2nd and 3rd highest bidders offering the lot to them. I pointed out paypal would take the money back off him and within a few days the box arrived.

Make one last friendly mail saying "Not as described" offer to return the item after you have been refunded and say you don't want to use paypal but if he leaves you no choice you will.

Might take a while but paypal haven't get time (not interested) in each case and will side with the buyer for sure.

Also use a credit card and just put a stop on the transaction - should work also.

 

oh man im sorry to hear. I was looking at some of his items, I almost bid on that shockwave. but I dont trust people who dont post more that one picture. Its like they got something to hide and in this case he did. I hope he gets what he deserves.

 

Maybe it was of great condition to the seller, thinking old toys that are broken but still complete are, well, in great condition?  

 

I would attempt the dispute. Not sure how much good it would do. I won a dispute through Paypal a looong time ago and nothing has happened. The dispute is still open because I haven't got my money back. That was September 5th 2005. I don't expect to get the money back but it gives me no faith in paypal at all.

 

While "great" is a subjective word, I'm pretty sure that kind of weak semantic argument isn't going to help this con-man, especially given the rest of the description.