got screwed on ebay...what can i do?

exalted512

I'm keeping it short.

I bought a Sirius tuner off ebay. Paid for it immediately. They relisted it, sold it, and shipped it to someone else.

I got a really good deal on it, which kind of makes me think they relisted it because they didn't get what they wanted for it.

this is their email:
Hi,
We have recieved your payment for item #8737966137Thank you.
Unfortunately we made a mistake and the same item was listed twice on
Ebay. We havealreadyshipped the duplicate out. We sincerely apologize
for this mistake and will be giving the refund for your payment
shortly. If you have any questions or concerns,we ask that you contact
our customer service dept. at (716) 250-7410 ext. 601, 602, 603 or
reply to customerservice@fortunaenterprises.com.

Again we sincerely apologize for this inconvenience

Its really amazing, because I called them yesterday and they said they found it in their warehouse and were going to ship it that day.

Yea, they offered my money back, but I'd rather have the tuner because theres no way I could get a deal that good on one.

Is there anything I can do besides leave negative feed back??

heres the link to the auction:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8737966137&rd=1&sspagename=STRK%3AMEWN%3AIT&rd=1
-Cody

cam5860

Suck it up and give some of those ebay crooks some more of your money.

BIZILL

the seller is a high-volume dealer. could easily be telling you the truth. unless....do you have the link to the re-listed item? i watch out for high-volume venders such as these. i've won items from the type before, but the same seller had many negative feedback. some are just oulets for customer returns from the likes of circuit city or best buy. they don't have the ability to track every single auction. but you could always hold them to the deal, or at least try. maybe they'll come up with the same item in the near future.

wingnut4772

If they gave you your money back, I would not leave negative feedback. It is possible the mistake was honest and besides, that is a sure negative feedback for you too (crappy system, I know). Maybe just a little neutral with a note?

PolkThug

Get your money back first....

BlueMDPicker

Have Mac kill 'em -- he's already a fugitive in Tennessee.

exalted512

"Seller Non-Performance

When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:

1. Fail to deliver an item for which payment was accepted."

thats a rule listed on ebay. The only way I'm not going to leave negative feedback is if they send me what I paid for, whether it be the one I was actually bidding on or a replacement.
-Cody

BIZILL

exalted512 wrote:

"Seller Non-Performance

When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honor that contract. In accordance with that contract, the seller may not:

1. Fail to deliver an item for which payment was accepted."

thats a rule listed on ebay. The only way I'm not going to leave negative feedback is if they send me what I paid for, whether it be the one I was actually bidding on or a replacement.
-Cody

good cody, stick with your guns! force 'em to comply.

exalted512

heres my email to them:

I'm sorry, but I have paid for an item, it was accepted, and I didn't get the item I paid for. You are in direct breach of Ebays rules.

http://pages.ebay.in/sellercentral/ebaypolicies/listing_policies_seller_non_performance.html

"How does this policy get violated?

* Non delivery of an item after receiving payment"

I also called you on Wednesday, December 28th at 8:20am and I was told that they had found my item in the warehouse and would get it shipped out that day. Its interesting how they could find my item and get it ready to be shipped when I get another email saying its already been sent out to another consumer. It is your responsibility to get me my item to me or I will report you to ebay, leave negative feed back, and prosecute you to the full extent of the law. If you get me the Sirius tuner, I don't care if its not the same one in the article listed, as long as its the same model and in working condition, I will be happy to leave you positive feedback and not report you, but if you don't, then I will do everything I can to make sure I get compensated for this inconvenience.
Thank you,
-Cody

seems like a start. The only thing I'm wondering is if they do send me my money back should I accept it. By accepting it, seems to me, means that I'm ok with what happened...but I'm not too sure. Either way, it pisses me off
-Cody

BIZILL

did you pay via paypal? if so, the refund is automatically deposited into your paypal account whether you accept it or not. then you'd have to fight with paypal. hopefully this ebay seller will correct the issue.

bvette94

report it to ebay and they will kick them off. they will respond real quick.

BIZILL

they won't be affected by ebay's threat. ebay needs this seller. they sell many thousands of auctions which fetch ebay some nice profit. letting them go would be a mistake. they have alot of negative feedback, but in the whole scheme of things, it's hardly horrific feedback. it's actually quite good. 97 something percent. just keep on these guys and press the issue. but odds are, nothing positive will emerge from this whole transaction, or lack thereof. and at least you'll get your money back. if they took that as well, i'd be joinin' ya at the auctioneer's corparate office with big rocks.