So I am pretty certain what will happen but wanted to make sure I am not missing something.

 

First off, I buy a lot of as-is items. I would say about 70-80% of them work out. I really just like the "thrill" of taking a chance to score (this is my life...). So for that other 20%-30%, if the item is not complete, etc., I let it go. The Ebay user said as-is, etc., and you lose some you win some right?

 

So in this case, I bought a Batcave that was listed as new. It was open box and the seller wrote in the description that it was sealed up with scotch tape, but was new - however they could not tell if all the bags were there but the weight was right.

 

So my thinking: It was 50$ which is about 40$ under the Ebay normal. It has some sealed bags at least - from the description it made it sound like they looked inside, saw the number of bags, but didn't count them. And the weight is about right.

 

So I purchased it. Before paying, I sent the seller a message asking if they could peer inside before hand to just make sure it wasn't obviously missing anything huge. I said I would still buy it since I purchased it already, but I just wanted to know before hand so I could plan on what I got (Obviously if it was missing a bag or something I would just part it out).

 

The seller said they already had it packed up so they couldn't do that. I said I understood and paid.

 

Fastforward to yesterday night:

 

- I got the package and opened the box. It is straight up a used set. No original bags, stickers have been applied in some places, half of it is built. There are only two bags in there, so its obvious they never even looked in the box like they insinuated in the listing.

 

- There are definitely some parts missing as well as some figures from what I can tell.

 

So I contacted the seller - ebay likes for you to open a case which is annoying - and apologized for opening the case, and explained what had happened. I didn't accuse them at all - I just said it was completely used, looked to be missing pieces, etc. and from the listing is said it was "new" and made it sound like they had seen some factory sealed bags (honestly if there were some and then a ziplock bag with the parts that had been opened, I would have given them the benefit of the doubt).

 

I said I thought maybe they just hadn't looked or maybe they sent me the wrong item - nothing accusatory. I also said that if they want, I could go through the set and see what kind of value was there and it might still be worth keeping. Basically asked, what do you want to do?

 

Seller responded fairly indignant - She said she listed it as-is, so I knew there may be missing parts. She said that I could have asked a question before buying (which is somewhat fair except she answered the question after I bought it with "I don't know I can't look right now"). She said she could possibly give me a small refund, but that I could have done something else rather than open a case and this is why they put as-is in the listing. Honestly I thought about letting it go if they responded like it was an honest mistake, but her response was pretty arrogant. She did a lot of the I AM GOING TO GO ALL CAPS HERE SO YOU UNDERSTAND WHAT THIS MEANS stuff.

 

 

So I have two feelings about this and naturally I want to get others opinions:

 

1. She definitely violated listing policies and I am fairly certain that I would win a SNAD case. She is also not being very helpful and I gave her a chance before hand to save herself. In reality, this box was not "sealed" with scotch tape - there was one piece on it. She could have taken 5 seconds to peer in and know it wasn't new. 

 

This could be a seller scam. You have a used set with the box, you list it as "new" and as-is and then act surprised when someone else says its used.

 

2. as-is should basically trump the rest of the listing, no matter what it is. I don't think I believe this, I list all as-is items as "used" (and I check them), but maybe others feel like as-is kills everything else.

 

I am not talking about this from a viewpoint of whether or not I should have buy it. Obviously, when you do get legitimately burned, you learn from it. I definitely do - and I do because I like the thrill - there are probably a lot of us here that do. So I am really trying to separate the "should I have expected this" from what does Ebay say about the matter.

 

If the seller offers a refund and changes here tone, I will take it assuming its 10$ or more. I asked for half, just because looking at the pieces I could probably break even with that. I am not opposed to taking a loss, more just don't want to let someone off the hook for poor listing practices.

 

Thoughts? And I would rather keep the listing out of it. I do not want to drag anyone's Ebay id through the dirt until I am certain they are a jerk.

If it was listed as "new" in the dropdown screen - then you would win (since from what you describe - nothing was new at all).

From what I can tell, the seller has absolutely no idea of ebay works OR about customer service, i'm willing to work with sellers almost always, but from what you described this is one case when I would just let them have it.

"As is" means nothing on ebay.

They responded back at first and continued saying they listed it correctly but would honor a refund.

 

Then they sent another message right after and she said she talked to her manager and she could give me the full refund and take "partial responsibility". 

 

"I discussed your situation with the owner and we will honor the refund of $25.00 (on monday

 

 when the accounts department is in). Although we did specify AS IS and mentioned the box was taped and we couldn't guarantee all parts were in the box. However, it was marked as "new", which was what we believed to the best of our ability, therefore we are taking partial responsibility. We do, however, want our customers to be happy and buy again in the future, therefore we will grant your refund amount of $25.00. If you do order from us in the future, please message us BEFORE buying in case you have any questions or concerns. Thank you.

 

Its important to note that this seller only has 25 feedbacks as a seller. Reason I wasn't worried is they are a B and M (one store location) store and have an Ebay store, and had just started selling. Their listing was pretty professional as well. But I find it somewhat funny that their message sounds a little like they are lecturing me on making a mistake as a buyer, when in reality I don't care that parts were missing - I care that the thing is used, covered in dust, and half the stickers are applied.

 

Im going to take the refund because I think there is enough value I can make some money - although I obviously wanted this for the long run. But what feedback to leave is another question.

I actually found the listing

I would just not leave any kind of feedback.

Did you buy this from one of the Goodwill sites?  I have had issues like this with them.

I'ld leave feedback something like "warning 2 buyers ask ?'s b4 purchase  happy but misled" 

Take the refund.  Give up on trying to help this "Member since: Oct-02-13" seller learn how to sell on eBay (including how to provide quality customer service) even though you're right and they're wrong, don't feel frustrated that other buyers aren't seeing what a bad job this seller is doing or that eBay lets sellers list open boxes as "new", and either leave feedback along the lines of "had problem, got resolved, thanks" or something like what brickcrazyhouse suggested, or don't leave feedback.  If they offered the refund without eBay telling them to do it, I wouldn't leave them negative feedback, though.

Give the listing to make it easier for us to see how they listed it rather than trying to piece together exactly how they listed by reading your description.

Be aware that eBay does revoke buyer protection privileges for buyers who have too many after the sale issues, and they do track partial refunds as part of that metric. I would personally advise one of two things going forward:

1) continue taking intentional risks in buying, but include a risked-dollar allotment calculation and stop opening cases or asking for refunds when you get burned on a listing you know is risky going in (save your buyer protection privileges for sales that look fully legitimate but go bad).

Or

2) stop engaging in intentionally risky buying behavior

The seller is in the wrong, but eBay does grow weary of buyers who keep walking on the bad side of town and then complain when they get mugged.

Just be honest with your feedback.  Seller made good on a incorrect description.  This will help future buyers decide, perhaps, and it should make you feel ok. 

Ebay will probably try to mediate a mutually agreeable settlement.

Did you buy this from one of the Goodwill sites?  I have had issues like this with them.

If its Goodwill, stick it to them.  All their stores smell like pee.