My first Ebay dispute with a bass purchase. What do I need to do?

Audix99 · #1 03-05-2012, 07:26 PM

I won a Ebay auction on Wednesday last week, and the bass came delivered to me today (Monday).

Upon inspection, there were two issues that were not mentioned in the listing.
1) Finish crack at the neck pocket (minor)
2) Separation along the glue joint of the bi-cut neck (it was US made G&L), about 4 1/2" length in the mid-section of the neck (from 6th to 11th frets)

The separation looks like this.

I contacted the seller for a return and refund, but he refused, saying that those damage was NOT there when he shipped the bass.

He insisted that the damage must have occurred during shipping and he told me to contact UPS to get the money.

He's had 100% positive from total 72, and I do NOT think he's a dishonest seller.

But it might've been possible that there was a separation at the joint that he missed. And it got worsen during shipping.
Possible (though I am not sure if a separation like this could just occur during shipping).

So please guys, help me out.
Even if the damage occurred during shipping like he insisted, shouldn't the sender be responsible to file the insurance claim with UPS?

This is the first time that I've have this kind of dispute on Ebay.
Can you guys with more experience help me out?
Should I get "Ebay Buyer Protection" involved???

Thanks!!!

millsbass5 · #2 03-05-2012, 07:35 PM

Looks like a little bit o gunk built up in there. And,to me,that would mean it's been there for some time. Just my 2 cents.

mmbongo · #3 03-05-2012, 07:36 PM

Definitely get Ebay and Paypal involved.

Plus, if it's shipping damage, it's up to him to take care of it.

Johnny Alien · #4 03-05-2012, 07:38 PM

Quote:

Originally Posted by mmbongo

Definitely get Ebay and Paypal involved.

Plus, if it's shipping damage, it's up to him to take care of it.

100%. He initiates a dispute if needed. He needs to refund and deal with UPS>

strangedejavu · #5 03-05-2012, 07:39 PM

yup, I have had a lot of shady ebay stuff happen recently.... when you go into your myebay section where it says "resolve an issue" follow the steps there and open a claim, be as detailed about the transaction as possible and ebay will stand up for you no matter what. I can take a week for them to actually get started on it though so I recommend starting it right away.

GBBSbassist · #6 03-05-2012, 07:42 PM

I would definitely assume that he's the one who's responsible for filing a claim with UPS in the case of something being damaged during shipping.

It could likely be a misunderstanding, but you never know. You should get Ebay and Paypal involved asap just in case. There is no reason to cover your own back on this deal.

Audix99 · #7 03-05-2012, 07:45 PM

Thanks guys!!!

I will start up the Ebay and PayPal resolution right away...
$700 is a lot of money that I cannot lose!!!

Steve

smcd · #8 03-05-2012, 07:48 PM

The seller will have to refund your money. It's not your responsibility to contact UPS. Regardless, unless there's clear damage to the outside of the box the guitar came in, UPS will absolutely positively NOT pay up. That is, of course, assuming the guitar was insured. If it wasn't... forget it.

You'll get your money back from the seller. All you have to do is file a claim with ebay. The whole thing will be settled within a week. You'll have to pay to ship it back, but otherwise you'll get a full refund.

Bone · #9 03-05-2012, 07:50 PM

Check the guys feedback, not the first time UPS has damaged one of his basses.

Tampabass · #10 03-05-2012, 08:06 PM

Fortunately for you, the buyer, eBay is entirely on your side and not on the side of the seller. So you're highly likely to get a refund out of it. As it should be, if he misrepresented the item.

(The flip side of this: In my situation, I had a dishonest buyer, who claimed that he never received an item; eBay took his side, with no interest in anything I had to say or show to eBay; I ultimately refunded the person; fortunately, it was a small item; so the guy in all likelihood got the item AND the refund, and he still left me negative feedback, and eBay would no NOTHING to protect me, the seller)

Audix99 · #11 03-05-2012, 08:21 PM

Quote:

Originally Posted by Tampabass

Fortunately for you, the buyer, eBay is entirely on your side and not on the side of the seller. So you're highly likely to get a refund out of it. As it should be, if he misrepresented the item.

(The flip side of this: In my situation, I had a dishonest buyer, who claimed that he never received an item; eBay took his side, with no interest in anything I had to say or show to eBay; I ultimately refunded the person; fortunately, it was a small item; so the guy in all likelihood got the item AND the refund, and he still left me negative feedback, and eBay would no NOTHING to protect me, the seller)

Sorry to hear about your dealing with a dishonest buyer...
Hopefully that was your last time dealing with a person like that.

Resolution case with Ebay is now open.
(Keeping my fingers crossed)

Thanks everyone, for all your help in guiding me through this!!!

jbassbob · #12 03-05-2012, 08:34 PM

+1

definitely looks like a preexisting condition.

Quote:

Originally Posted by millsbass5

Looks like a little bit o gunk built up in there. And,to me,that would mean it's been there for some time. Just my 2 cents.

michael_atw · #13 01-07-2013, 12:43 PM

Looks like the truss rod is going bad.

Templar · #14 01-07-2013, 02:21 PM

Quote:

He's had 100% positive from total 72, and I do NOT think he's a dishonest seller.

I do. This guy is under the impession that sellers can still get away with this kinda crap by just denying everything. It won't work, ebay will enforce a refund. I recently went thru the exact same scenario with an asshat seller.

Just be sure to require a signature for the return delivery. A guy like that will just as easily try to claim he never got the return.

But wait, there's more. Once ebay has approved your refund, give it a couple days before shipping it back. Paypal (not ebay) may also refund your return shipping. This would show up as a prepaid, printable label from Paypal in your 'myebay' messages.

Paypal extended this offer to me just a few weeks ago for a bass with neck damage. The return shipping label from Paypal showed up a couple days after ebay approved my refund. This was a first for me, I was surprised to get it. Might be a new policy.

Good luck with your dooshbag seller.

Shadi · #15 01-07-2013, 03:16 PM

Did the situation ever get resolved? The case was started March of last year!!

Templar · #16 01-07-2013, 03:33 PM

Quote:

Originally Posted by Shadi

Did the situation ever get resolved? The case was started March of last year!!

Oops, you're right. Didn't even notice. Nevermind.

Kmonk · #17 01-07-2013, 03:49 PM

Quote:

Originally Posted by Tampabass

Fortunately for you, the buyer, eBay is entirely on your side and not on the side of the seller. So you're highly likely to get a refund out of it. As it should be, if he misrepresented the item.

In the OP's case, the seller can file a claim if he took out shipping insurance. Otherwise, the buyer will have to see if ebay or Paypal will help him.
I wouldn't be so sure that they will. Several years ago, I purchased a bass on ebay which was described as "all original". As soon as I received it, I noticed that 2 bridge saddles had been replaced and it had a terrible re-fret job. The neck binding was cracked on both sides at every fret. I was also charged twice for the transaction. I contacted the seller. He refused to take the bass back. I contacted ebay and PayPal multiple times. I received a response acknowledging my dispute but nothing else. I ended up filing a dispute for the over charge with my credit card company. It took six months to get the second charge refunded. I wasn't able to do anything about the original charge and ended up selling the bass.

My cousin is an assistant Postmaster with the U.S. Postal Service. He told me to always use a Postal Money Order and send it via U.S. Mail. According to him, if the seller cashes or deposits the money order and then a dispute arises, the seller can be charged with mail fraud which is a federal offense.

Bassist Jay · #18 01-07-2013, 04:54 PM

UPS will have you return the bass to him and then it will be up to him to file the insurance claim with UPS assuming he insured the bass. I had a similar issue with a, ebay person who was very dishonest in his description of an acoustic bass he sold. Ebay was very good about getting my money refunded even though the seller was also refusing.

Bassamatic · #19 01-07-2013, 06:23 PM

I believe that YOU have to file the shipping claim it it was damaged. . The bass belongs to you as soon as it is tendered to the shipper - that is when title passes in commercial shipping. Whether or not UPS has a unique rule on this, I don't know.

However, this sure looks like a pre-existing condition. Open a case with PayPal and maybe get a note from a repair guy.

Templar · #20 01-07-2013, 08:06 PM

Unless things have changed recently (which is possible), either party can initiate a UPS damage claim.