[spmgeaux]

I received a card in the mail today from an auction I won last week and was disappointed to see the top right corner had a ding. I checked the auction, and now that I look for it, the imperfection is noticeable if you look closely.
I didn't notice it when I bid on the item, and nowhere in the description does it say that the card was damaged (nor was it listed as 'mint'). I wanted to see what everyone's opinion was on this?

Am I out of luck because he provided a picture and I didn't examine close enough? or does the seller of a condition sensitive item have a duty to be proactive and point out the ding on the card? I'm torn about what I want to do, the card is a PC one I've been after for a while, but I am pretty bummed about the corner. What would you do in this situation? Any thoughts/comments/advice would be appreciated as always

Link to item (closed auction so I think its ok):

http://www.ebay.com/itm/2011-TOPPS-TRIPL...19dee565d1

[jacobystealshome]

me, as a buyer? id say it is on you as the buyer to look at the picture provided and ask questions. if their isnt language about condition, it's on you as the buyer to inquire

as a seller: if i had a customer unhappy, id want them to send me a message. i may or may not accommodate them with a return or not (and if we are being honest here: tone would matter with me. if they came off like an entitled jackass, i dont think i would do anything for them. or if they tried to put all the responsibility on me, i wouldnt do anything)

[reagle beagle 37]

The responsibility in this case falls on you. No one else at all.

[rmpaq5]

I received a card in the mail today from an auction I won last night...

This is the most shocking thing I may have ever read on these boards (ok not really but...). Did the guy live across the street?

[Phillies_Joe]

Nicely explain the issue & see if you can work something out. Nothing listed in condition so it's kind of on you to ask before bidding. It's not right, but it is what it is. If the seller is half-way decent and your not nasty, you sb able to come to an agreement. (are you the seller and just noticed the ding yourself.....or did the seller hand deliver the card to you....LOL....over-night express for sure)

[x5ofspades]

Id say a both a buyer and a seller. i would never sell a card without putting a notice of obvious damage. and i think as a buyer you have a right to be upset at his lack of communication in the description but it is in the picture. I guess id ask and see if theres anything he can do. I'd try to come to a suitable compromise. Either you send the card back and he sends the money he's up minus listing fees and such. or see if theres something he can send you to compensate for the damage. In the end its totally up to him. And because it is in the picture, it wasnt damaged in transit, so my gut tells me you're probably gunna end up eating this one. but on the bright side it is a very nice card.

Let us know what ends up happening and how he tries to rectify the situation.

[erikido23]

Even looking for it I couldn't really tell. I would send them a message. Hopefully you can work something out.


PS
Anytime a seller just states what the card is with no mention of condition I am personally wary. ALmost always send a message asking. Had to bite shipping cost on a pc card myself recently. At least it was only shipping and the guy I was dealing with was reasonable.

[spmgeaux]

Sorry, won last week, not last night. And I agree I'll probably end up eating this one and chalking it up as a lesson learned. If I decide to contact the seller I'll let y'all know and thanks to everyone for the responses.

[krn001]

I thought the condition of item box was supposed to be filled in. Even though as a buyer you are responsible, the seller under sell guidelines:
Item description

What to do

You're required to:
Describe only the item you're selling in the listing and the terms of the sale
Provide complete and accurate details
Specify the condition of the item
Describe any defects or flaws in the item—this helps avoid problems or buyer dissatisfaction.
Note: When selling a used, refurbished, or flawed item, we recommend including photos of the actual item for sale instead of a stock photo.
Since the seller failed to list condition & accurate details I think you would be covered in a dispute per ebay rules.

[rjcj2017]

me, as a buyer? id say it is on you as the buyer to look at the picture provided and ask questions. if their isnt language about condition, it's on you as the buyer to inquire

as a seller: if i had a customer unhappy, id want them to send me a message. i may or may not accommodate them with a return or not (and if we are being honest here: tone would matter with me. if they came off like an entitled jackass, i dont think i would do anything for them. or if they tried to put all the responsibility on me, i wouldnt do anything)

+1 ... if you're just straight with the seller and tell him/her what you told us — "I didn't see it" — then maybe they'll work with you.

If not, you can try a "item not as described" claim, but if they didn't provide a description (?), it might be hard to prove a negative as they say.