Ebay fiasco - need opinions/suggestions

[poppo]

Ok, I was looking for a particular topper plexi. I could not find just a plexi, so I ended up buying a whole topper on ebay. Before I bought it, I asked the seller specific questions about the condition of the plexi. I was told it was 'perfect'. So I bought it. After the seller shipped it, he sent an e-mail telling me that the plexi was not in as good of condition as he first thought and had told me. He said that he would either refund my money or replace the plexi with another one he had if I did not like it. After I got the unit (on 4/30), I saw that the plexi was indeed scuffed up pretty bad. So I sent an e-mail back and said that I would like to exchange the plexi. He then told me on 4/30 that he would ship it out another plexi on 4/3 (last Tuesday). In the mean time, I sold the topper housing with a different plexi.

Since Tuesday, I sent the seller 3 messages asking if he had shipped it yet. I never received any replies. I know he was around, because he has been listing new stuff. So I sent a message to ebay resolution dept explaining the situation. One of the things they ask is if you want a refund or just the item. I said just the item. Shortly after that I get a full refund from the seller and a message from ebay saying the case is closed. Then a little while later the seller sends me another $20 and tells me to ship back the whole topper.  

So what I have suggested is that I return the original refund, but keep the $20 (because of the bad plexi) and call it a day. What do you think? Is that fair? And can anyone think of any other options, since I obviously can not send back something I don't have.

BTW, I have all of the e-mails etc. where he agreed to replace just the plexi.  Sometimes I really hate ebay and sellers that don't do what they say.  

[lindam1]

I have never heard of an Ebay resolution being closed unless Buyer agrees to the resolution.

[poppo]

I have never heard of an Ebay resolution being closed unless Buyer agrees to the resolution.

This is what ebay sent me:

Good news! We let the seller know the item wasn't as described, and the seller issued you a full refund. This case is now closed.

And as noted, I did NOT ask for a refund. I asked for the replacement plexi as was promised.

Also, there is no longer any option for me to open another case, or respond in any way to the resolution. As far as ebay is concerned it's like the transaction never took place.

I also don't know what the seller can do at this point (if he does not respond to my offer) short of opening his own dispute with paypal over the refund and the $20 shipping he sent me. <sigh> all I wanted was for him to do what he said he would.

[machfelon]

You as the buyer are in the clear.  eBay favors buyers not sellers 99% of the time.

Basically the seller is "Beat.com" or in other words SOL.

[cowboygames]

Where it's only been a few days, I'd send him an update with the situation and then give him a few days to respond and take it from there. Just try to be honest and upfront till it's settled whatever way

[poppo]

Ok, I just got off the phone with PayPal because I wanted to be sure this doesn't somehow screw up my account. I talked directly to the dispute resolution dept. and was told that he is basically SOL. As soon as he hit the refund button (before getting the item back first) he closed the case with both ebay and paypal. As for the $20 he sent me for shipping, I suppose he could dispute that.

Now that said, I don't want to try and screw the guy over. But I obviously can not send something back that I don't have.

[poppo]

I just got an e-mail back from him more or less accepting my offer, but also telling me not to bid on any more of his auctions. Good grief! He is the one who first told me it was 'perfect, then admitted it was not and offered to replace it. He also gave me a date that he would ship the replacement (btw, I even offered to send the bad plexi back first on my dime). Then when he doesn't do what he said he would for whatever reason, somehow it's my fault?  

Now I will have to find a way to word things in the payment to make sure that it doesn't come back and bite me, since there is no way to refund a refund directly.

[poppo]

Well, I sent him back the original payment (unfortunately you can not refund a refund) with a stipulation that acceptance of the payment closes the issue for both parties.  I look at it as somewhat of a win-win since he would have had to ship the replacement anyway if he would have followed though with what he promised he would do. And I almost broke even between the $20 he sent for shipping, and what I sold the other topper for.

It still irks me though that he is somehow making this out to be my fault. 

[slotsteve]

You as the buyer are in the clear.  eBay favors buyers not sellers 99% of the time.

Basically the seller is "Beat.com" or in other words SOL.

Wrong ebay favors sellers not buyers i won some software for i games off texas discount , some how they sent me the wrong set, and emailed me telling me they would find right set and replace it , this went on for 2 to 3 weeks  so i file a claim  since i payed him by check ebay wouldn,t do anything  for us ,also we could n,t leave any feedback ebay and paypal suck

[Jimise]

Hey, You must have got my set, And I got yours (I think I ended up with Sims from hoot loot! All I need now are the eproms)  )
It took a while, But he finally made it good. Sorry to hear about your experience.

You as the buyer are in the clear.  eBay favors buyers not sellers 99% of the time.

Basically the seller is "Beat.com" or in other words SOL.

Wrong eBay favors sellers not buyers i won some software for i games off Texas discount , some how they sent me the wrong set, and emailed me telling me they would find right set and replace it , this went on for 2 to 3 weeks  so i file a claim  since i payed him by check eBay wouldn,t do anything  for us ,also we could n,t leave any feedback eBay and paypal suck

[Buzz]

Hoot Loot is only 3 eproms and they are pretty easy to find.