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 Replies: 77 / Views: 9,359 |
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Pillar of the Community
United States
717 Posts |
At the beginning of this week, I bid & won for #15 New 2007 Washington $1 Coin, Smooth Rim Error including Shipping costs: Total: $859.21 = about $57 per coin. At the beginning of this week, they were selling for $100 & up for non-slabbed error coin. Three hours after I won the bid, I had "Buyer's Remorse" & emailed the seller to see if we could cancel. I know the bidding is considered a binding contract, but the seller had posted on the ebay page for this Item clearly states: "Returns: Seller accepts returns. 7 Days Money Back" Again, at the bottom of the page: Return policy Item must be returned within: 7 Days Refund will be given as: Money Back When I contacted the seller he refused to refund the money, saying that his "Return Policy of 7 days money back" is if he feels like it & my "buyer's remorse" is not his problem. When I had a Live Chat with ebay, they told me to contact him again & try to work it out. I did & he wouldn't. The ebay rep told me that if the Item was not misrepresented, he was not obligated to refund my money. Only if the "Item Significantly Not As Described," then I had recourse to get my money back. When I checked back to the Seller Item ebay page, I saw it lists the following Item Misrepresentation information, which should qualify as "Item Significantly Not As Described": "Item Specifics - US coins" 1) "Certification: Certified" Comment: These coins are not Certified. Nor are they slabbed. "Certified: Refers to a coin which has been authenticated and graded by one of the major grading and certification services." 2) "Material: Gold" Comment: These coins are not made out of gold. They are only golden in color. I'm claiming to ebay & Paypal that this seller misrepresented these coins & therefore should be required to refund my money. And that he refused to honor his Return Policy of 7 Days Money Back. Do I have a good chance to get my money back? |
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Moderator
 United States
6563 Posts |
I checked out the auction in question. Based on the grounds of him saying Certified and Gold I'd say you have a reason to call it a misrepresented auction. Also the coins in the pictures are NOT the ones you will receive. There have been several auctions with the same pictures. He's still new and cannot afford to have a Negative on his account for him misrepresenting and refusing to honor his return policy. This is just my personal opinion and I'd also listen to input from other members on here that have far more ebay experience then I do. |
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Pillar of the Community
 United States
717 Posts |
I forgot to add that I thought that I'd just turn them over for About $100 each, which was a good price at the beginning of the week, but now they are going for barely $60 each uncertified, if I'm lucky. I can't afford to lose out this amount of money. For him, the loss is $15.
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Moderator
United States
6563 Posts |
Most eBayers will not refund shipping. Considering the amount of the auction, if you can get a refund, then I'd just take the shipping hit and be glad that it's done and over with.
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Forum Dad
 United States
24154 Posts |
You bid, you won, pay up.
I think trying to wiggle your way out of it is cheesy. Sorry the market didn't go your way. It's not the seller's fault, it's your faulty speculation.
Sorry, if that's not want you wanted to hear.
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Pillar of the Community
United States
751 Posts |
Well, let's pass on the issue of whether his auction misrepresents his coins. As far as I'm concerned, if he has a no-questions-asked return policy, he has to accept returns. If you "return" the coins before he sends them, so much the better for him because he doesn't actually have to pay to ship the coins! However, you absolutely need to pay his ebay fees and his paypal fees. And you're not going to get the s&h refunded. So your remorse might cost you $50 bucks or so. Make him a fair offer. |
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Pillar of the Community
United States
717 Posts |
If he refunds the money due to any reason, especially if due to fraudulent representation, I don't think he has to pay ebay fees. Paypal fees, I not sure. I don't mind paying shipping fees or even other various fees. If I could get out of it with a $50 hit, I'd be happy & consider it money spent for a lesson. To see Item page: http://cgi.ebay.com/ws/eBayISAPI.dl...63&rd=1&rd=1Item number: 140109236063I actually emailed him Monday night around midnight, about 3 hours after the auction ended, to try to save him the trouble & catch him before he mailed it. He mailed them out Tuesday afternoon, & says he didn't see my email till Tuesday night around midnight. graceoutcast: Thanks for pointing out, "Also the coins in the pictures are NOT the ones you will receive. There have been several auctions with the same pictures." I'm not sure how that helps. I guess that helps if he claims that I should have known they were not slabbed since the photos showed non-slabbed coins. I could answer that they were his "stock photos" for the item & not the same coins he would send, therefore implying that I knew they were not the actual coins. On the other hand, I could answer that I thought that they would be the actual coins & why weren't they? texasmick: His page doesn't say "no-questions-asked return policy." He does say "Returns: Seller accepts returns. 7 Days Money Back" Again, at the bottom of the page: "Return policy Item must be returned within: 7 Days Refund will be given as: Money Back" Not sure if that's the same thing as "no-questions-asked return policy." ebay Live Chat rep said that "returning it when there are no issues with the product is the seller's choice." But he hadn't seen the page with this info, even though I told him about it. Still, I'm hoping to void the sale based on the "Item Significantly Not As Described" issue. Anyone else can weigh in & comfort me? |
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Pillar of the Community
United States
717 Posts |
I notice he has a new auction going http://cgi.ebay.com/5-New-2007-G-Wa...or_W0QQitemZ140112024441QQihZ004QQcategoryZ524QQssPageNameZWDVWQQrdZ1QQcmdZViewItem where he doesn't state any return policy at the top of page where it normally is, & at the bottom, it says: "Return policy Return policy not specified. Read item description for any reference to return policy." He continues to call these coins "Certified" & Gold." |
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Forum Dad
United States
24154 Posts |
quote:
Anyone else can weigh in & comfort me?
No, but I'd be willing to bet that from this topic, you're already on quite a few BBL's.  |
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Forum Dad
United States
24154 Posts |
quote:
He continues to call these coins "Certified" & Gold."
That's because he's relisting off the same auction and doesn't realize it. I'm sorry you thought you were buying certified gold. |
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Pillar of the Community
United States
717 Posts |
Also, anyone know what the ebay fees & Paypal fees are for an $860 sale? |
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Pillar of the Community
United States
717 Posts |
Listing his coins as "Gold" instead of "gold color" is an honest & ignorant mistake, since everyone knows these coins are not gold. However, listing his coins as "Certified" when they are not, is fraud. Since many of these coins for sale on ebay by other sellers are "Certified," most people would not know his were not "Certified" when he clearly states that they are "Certified." Edited by yechi7
04/27/2007 12:16 am
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Forum Dad
United States
24154 Posts |
quote:
Listing his coins as "Gold" instead of "gold color" is an honest & ignorant mistake, since everyone knows these coins are not gold.
However, listing his coins as "Certified" when they are not, is fraud. Since many of these coins for sale on ebay by other sellers are "Certified," most people would not know his were not "Certified" when he clearly states that they are "Certified."
Please don't insult my intelligence. You (and everyone else) knew exactly what was for sale, you just predicted the market wrong and now you want the seller to pay for it. It's that simple and you'll get no sympathy from me. While your figuring the ebay and Paypal fees, add in the drop in market price for the week you cost the seller. I figure your buyers remorse cost this seller about $500 when you knew full well what you were buying. Good luck. |
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Forum Mom
United States
5877 Posts |
I'm sorry, but I have to agree with Bobby. You knew exactly what you were bidding on and were not misled in any way by anything in this auction. We have all overpaid for various items as the " ebay fever" catches us and we think we can turn a profit. The fact is that I don't think the seller should be forced into accepting a return for items that are exactly what you bid on. If you sold 100 silver rounds in a lot for $1400.00 while silver was at $14.00 an ounce and then silver dropped to $12.50 within a week, should the buyer of your silver rounds be able to return them to you for a $1400 refund just because the market dropped out of them? It would certainly not be your fault that the value dropped $150 on this lot. Do you think you should accept a return due to buyer's remorse? You sell on ebay as well as buy. You know how the fee structure works. I'm sorry, but I don't think that what you're doing is very fair to the seller; the same way I wouldn't think it was fair if someone was doing the same thing to you. |
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Pillar of the Community
United States
717 Posts |
I see people are split on this. I'm not trying too be a bad guy, I just don't want to throw away $860. I know, I should have thought of that before I bid. Hindsight is 20/20. Hopefully, the coins will arrive tomorrow, then I'll make my decision. My choices: 1) Try again to speak with seller again & mention "Item Significantly Not As Described," based on above "Uncirculated" vs "Circulated" issue; & offer to pay his ebay & Paypal fees & shipping fees, if he refunds me the money. (I think he will say, "No.") If he agrees, that will cost me about $50. 2) Try to argue "Item Significantly Not As Described" with ebay, based on above "Uncirculated" vs "Circulated" issue; maybe risk losing the case after several weeks & be out the whole amount. 3) Try to sell it on ebay for $870, free shipping & insurance. That & ebay & Paypal fees will also cost me about $50. The downside is that if I list for 7 days & don't sell, I lose the chance to do #2 above. |
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Pillar of the Community
United States
7123 Posts |
Or you can bite the bullet so to speak and realise that you have spent the money ,, have some of them certified and still make money on them .
The whole thing hinges on your first post , and the words Buyers remorse !!
This is not grounds for getting your money refunded !! the errors that you have mentioned in the sellers listing were there when you bid ,so they did not inhibit your desire to own these coins then !!
I certianly hope to see you do the right thing ,,accept the coins , leave the seller positive feedback ,, email Him and let him know that He needs to correct his auctions,
but like I said in the beginning the potential is still in the coins to make a profit ,, but you will have to do it the right way .
Metalman
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Replies: 77 / Views: 9,359 |
Posted 04/26/2007 8:53 pm
