I just received 2 original batman figs found here:

http://www.ebay.com/itm/261337703254?ssPageName=STRK:MEWNX:IT&_trksid=p3984.m1497.l2649

 

Great deal but when I examined them.  The black batman's cape is ripped and he also has a weird blemish on his face. Looks like a factory printing problem or defect (he doesn't have a cleft chin mark but has a mark by his mouth).  Both of these defects were not mentioned in the listing.  I contacted the seller and he/she reply was "hi im sorry im new at selling things on ebay i didn't even think about the rip".  I only paid $7 for both figs but I looked up the prices to replace the 2 pieces and I am looking at another $10+ for both parts.  That seems real high.  I believe the cape is still being produced today.  Do I just bite the bullet and leave neutral or negative feedback.  Open and item not as described? Ask for a partial refund?  What does the forum suggest.

Ask for partial refund that covers the replacement cost. Ask for that first, then see what happens before making a decision.

And, do not mention feedback at all while you are negotiating for a partial or full refund (including your return shipping cost) with the seller. If you say anything at all along the lines of "Give me money or I'm going to leave you bad feedback", you're guilty of feedback extortion, so don't go there.

 

With a new seller I'd be patient, but firm. The best way for them to learn is to have it hit them in the pocketbook a time or three, then they'll start paying more attention and be better sellers.

Good points. My last email to the seller was describing the defects and stating that it will cost me more money to find replacements for the damaged parts.  The gray fig is in decent condition.  Had some **** on the fig and cape but I think I was able to remove that.  I can understand if it was a lot of figs but just 2, the seller should have inspected them before putting them up for sale.  Especially when the picture wasn't great.  I didn't see the auction until it was almost complete so I did not have time to contact them.

 

I would rather not go with a full refund since I would most likely have to pay the return shipping and get nothing out of the deal.

The seller got back to me and basically said that maybe the damaged happened in shipping, that the figures were not listed in "perfect condition" and his son listed the figs without his permission.  Pretty much all useless excuses.  His first email stated he "didn't think to mention the rip".  If his son listed the auction, he could have closed it anytime.  So how should I precede now.  Thinking just give him a negative or open a case.

Your call. I would open a case and eat the return shipping cost (don't forget tracking), but if you don't want to do that, yes at the very least leave the negative. And if genius leaves you a negative sounding positive in retaliation, report him and eBay will remove it and sanction him.

I wouldn't worry about it over $7. I'd replace what needs to be replaced and leave them a negative. I've only left one or two negatives in nearly ten years of ebay, but they sound like they deserve it.

I wouldn't worry about it over $7. I'd replace what needs to be replaced and leave them a negative. I've only left one or two negatives in nearly ten years of ebay, but they sound like they deserve it.

 

This was my very first thought.. if the seller is essentially avoiding admitting they sold a damaged product to you over $7, leave them negative feedback. "Damage on items not described in listing. Seller unwilling to accommodate."

 

1 star all the way down for feedback ratings. Especially if the damage happened during shipping. Who can't ship two minifigs without them getting damaged?

Thanks everyone for the advice.  I cannot recall ever leaving a negative feedback but I think this warrants one. The items were definitely not damaged during shipping.  He wrapped them in bubble rap.  The cape was definitely ripped before it was sent.  He just didn't look over the figure. I didn't appreciate the **** on them either.  Really no point on sending them back.  I will just go ahead and leave negative feedback. Take 5 minutes to look at your products before you sell them

I left "Damage on items not described in listing (ripped cape, face blemish, and grime)".  Seller rating dropped to 50%.

That was such a good idea by that seller to take that hit over $7.

That was such a good idea by that seller to take that hit over $7.

 

My favorite part is where they trot out every excuse under the sun - they only missed that their dog got hold of their account information and must have changed the description.

My favorite part is where they trot out every excuse under the sun - they only missed that their dog got hold of their account information and must have changed the description.

It is the first time I have ever heard, "My son listed the item without my knowledge". 

Just return it and buy one elsewhere.

 

I don't think its worth a neutral or negative if you get a refund.

 

 

 

This is a good example of why buying from top rated sellers is worth paying a little extra.