I think I've kept you in the dark long enough. Time to reveal the results of False Negative 3. (For those of you who haven't already called and got the results from me personally...you know who you are!!)
Well, Paypal said they would take up to 90 days to decide the outcome of the case, so I settled in for a long, drawn out process. Three days later, it was all over. Yes, THREE DAYS!!
I received the following email from Paypal:
We have concluded our investigation and have decided in your favor. Any funds that may have been temporarily held have been returned to your account.
Yes, I won. So let this be a lesson to you. That lesson should be stand up for yourself when you believe you have done no wrong. Unfortunately, the lesson will probably be when you want your money back, make sure your story isn't about "the sound of the lp," but rather "the appearance." (Or, make sure you lie UPFRONT if you have to in order to win your case.)
Hopefully the world holds better people than that. Can't we all just get along??
Thursday, October 30, 2008
Tuesday, October 21, 2008
False Negative 3: My Third Ebay Dispute
I'm begining to think I might be a bad Ebay seller, as I recently had my THIRD Ebay dispute. Read the case file, and I'll let you be the judge. I'll post the results next week.
BACKGROUND
Item: Beatles '65 LP, mono, still in shrink.
Item description: Vinyl - NM Beautiful lp!!
NOTE: VINYL IS NOT PLAY TESTED! If you would like for me test an lp, just let me know!
(Please ask any and all questions BEFORE the auction ends. I will answer any questions you might have on condition, playability, shipping etc...Please don't hesitate to ask!!)
Buyer purchased this and one other lp from me.
EMAIL FROM BUYER TO ME:
Hello...
I received the albums today, thank you. The Beatles 65' plays with static background noise more on side 2 than 1, the other album plays and sounds great and I am very happy with that one.
Thanks
MY RESPONSE:
Hi...sorry about not getting back with you sooner...as stated in my description, I only grade the lp on sight, they are not play tested unless requested before the end of auction. sorry !!
BUYER RESPONSE:
why have a 7 day return policy? a NM vinyl should SOUND NM you can see the marks under bright it miss-graded the other album was dead on. i'll take it up with paypal.
ADDITIONAL INFO...from the description of the item...
Return policy details: The buyer has 7 days to return the item (the buyer pays shipping fees). The item will be refunded.
MY RESPONSE:
With all due respect, I never advertised the lp as NM SOUNDING. I clearly stated that the vinyl was NOT PLAY TESTED (twice in fact...once I say it's not play tested and the second time I say please ask if you want the lp play tested). Please, in the future, read the full description before you bid. It saves troubles like this. I am an honest seller with an excellent feedback rating...I am not trying to cheat anyone...I simply do not have the time to listen to everything I sell, so that is why it is imperative that you ask questions before you bid.
BUYER RESPONSE:
I never said you were not honest or trying to cheat me its just my opinion the album was misgraded visually and i simply want to return it. Like I said the other album was dead on and i am very happy with it. No, you never said it sounded NM but it was graded NM and should be pleasant to listen to. i am not trying to give you a hard time or anything or even being nasty about it, i guess i don't understand why you have a 7 day return and won't honor it.
MY RESPONSE:
I'm sorry if I seem defensive, as that is truly not how I mean to sound. Sometimes email can make you "sound" one way, when in reality it's not what I am trying to portray. Sorry, again about that. It seems the issue here is one that is a hair splitting one. I believe the NM visual grade was accurate, as it was just that, a visual grade. That has zero to do with the sound. Therefore, I do not think the refund policy applies, as the description was accurate. I expressly added the play test rules for this very reason...so I would not have to argue about the record. I hope you understand my position...I wrote the play test info for a reason, so everyone would know the NM grade was a visual one, not a sound one...they are, in this instant, completely seperate things...if you said initially the visual grade was incorrect, that would be one thing, but you were disapointed in the SOUND, which I specifically wrote about in the description. On principle, I cannot honor the refund because the basis for your request does not fit Ebays refund policy. I am sorry about this and hope you understand my position.
-------------------
At this point, the buyer filed a dispute with Paypal claiming the item was significantly different than described. He went on to say people should grade records via the Goldmine standard (record grading/pricing guide).
I disputed the claim again, and actually agreed with the Goldmine claim...not because I grade by those standards, but because the Goldmine grading actually goes to my point.
BUYER RESPONDS:
how do my words agree with you? what are you reading? static noise is always due to some kind of marks on the vinyl . you grade vinyl under bright light dont you? again what is the 7 day return policy for i don't see any stipulations on the listing. can you tell me where it is ? if you grade NM then it should be near mint all the way.
MY RESPONSE:
Sir, the stipulation is I DO NOT PLAY TEST THE RECORDS, PLEASE EMAIL ME BEFORE THE END OF THE AUCTION IF YOU WANT ME TO LISTEN TO THE RECORD QUALITY. Goldmine clearly states a NM record: Virtually flawless records are not perfect. NOT PERFECT. A very minor scuff and very little else can appear on the vinyl. You said...under bright light you can see the marks on the vinyl. This makes the record not perfect, but still NM. Besides that, the sound is irrelivent to the grade because I said, SPECIFICALLY that I DID NOT grade based on sound. So, anything in your complaint about sound is not my responsibility as you did not inquire on it PRIOR to purchasing the record. That is YOUR fault, not mine. I've bought and sold thousands of records, and I know how to grade. I stand behind my grade, and disagree that the record is significantly not as described as your complaint claims. If you had a problem with the condition initially, we also wouldn't be here right now...but your first email was about SOUND, and you have changed that, I believe falsely, to a visual grading issue because you know the sound quality is a moot issue in this case. Let me say this again, the sound quality is not part of the grade because 3 times I stated it was not part of the grade...3 TIMES...you failed to inquire about me listening to the record, so that negates your claim and thus the refund policy.
BUYER RESPONSE:
you are very difficult too work with i have purchased records in the $$$$$ range with ease we can go back and forth on this for weeks i am trying to be very civil on this but clearly we are not going to come to civil conclusion .so lets have paypal decide and get it over with.
---------------
At this point, the buyer escalated the dispute to a claim.
I responded one last time, basically I pleaded with the Paypal people to not let the buyer win this case based on the bogus claim that the record was visually graded wrong. Remember, his first email said the SOUND was a little off, not the visual grade. I still stick by the grade of Near Mint, and contend the sound was never graded, and shouldn't be the basis for a refund, as he never requested that I listen to it.
Am I being difficult? Yes. But on principle I believe I did nothing wrong, and I refuse to give in to people who take shortcuts and want to be rewarded for it. The case went to mediation, and the verdict was returned...
What do you think? Should I have to refund the money? Or will the sale stand? Post your comment and I'll reveil the verdict soon!!
BACKGROUND
Item: Beatles '65 LP, mono, still in shrink.
Item description: Vinyl - NM Beautiful lp!!
NOTE: VINYL IS NOT PLAY TESTED! If you would like for me test an lp, just let me know!
(Please ask any and all questions BEFORE the auction ends. I will answer any questions you might have on condition, playability, shipping etc...Please don't hesitate to ask!!)
Buyer purchased this and one other lp from me.
EMAIL FROM BUYER TO ME:
Hello...
I received the albums today, thank you. The Beatles 65' plays with static background noise more on side 2 than 1, the other album plays and sounds great and I am very happy with that one.
Thanks
MY RESPONSE:
Hi...sorry about not getting back with you sooner...as stated in my description, I only grade the lp on sight, they are not play tested unless requested before the end of auction. sorry !!
BUYER RESPONSE:
why have a 7 day return policy? a NM vinyl should SOUND NM you can see the marks under bright it miss-graded the other album was dead on. i'll take it up with paypal.
ADDITIONAL INFO...from the description of the item...
Return policy details: The buyer has 7 days to return the item (the buyer pays shipping fees). The item will be refunded.
MY RESPONSE:
With all due respect, I never advertised the lp as NM SOUNDING. I clearly stated that the vinyl was NOT PLAY TESTED (twice in fact...once I say it's not play tested and the second time I say please ask if you want the lp play tested). Please, in the future, read the full description before you bid. It saves troubles like this. I am an honest seller with an excellent feedback rating...I am not trying to cheat anyone...I simply do not have the time to listen to everything I sell, so that is why it is imperative that you ask questions before you bid.
BUYER RESPONSE:
I never said you were not honest or trying to cheat me its just my opinion the album was misgraded visually and i simply want to return it. Like I said the other album was dead on and i am very happy with it. No, you never said it sounded NM but it was graded NM and should be pleasant to listen to. i am not trying to give you a hard time or anything or even being nasty about it, i guess i don't understand why you have a 7 day return and won't honor it.
MY RESPONSE:
I'm sorry if I seem defensive, as that is truly not how I mean to sound. Sometimes email can make you "sound" one way, when in reality it's not what I am trying to portray. Sorry, again about that. It seems the issue here is one that is a hair splitting one. I believe the NM visual grade was accurate, as it was just that, a visual grade. That has zero to do with the sound. Therefore, I do not think the refund policy applies, as the description was accurate. I expressly added the play test rules for this very reason...so I would not have to argue about the record. I hope you understand my position...I wrote the play test info for a reason, so everyone would know the NM grade was a visual one, not a sound one...they are, in this instant, completely seperate things...if you said initially the visual grade was incorrect, that would be one thing, but you were disapointed in the SOUND, which I specifically wrote about in the description. On principle, I cannot honor the refund because the basis for your request does not fit Ebays refund policy. I am sorry about this and hope you understand my position.
-------------------
At this point, the buyer filed a dispute with Paypal claiming the item was significantly different than described. He went on to say people should grade records via the Goldmine standard (record grading/pricing guide).
I disputed the claim again, and actually agreed with the Goldmine claim...not because I grade by those standards, but because the Goldmine grading actually goes to my point.
BUYER RESPONDS:
how do my words agree with you? what are you reading? static noise is always due to some kind of marks on the vinyl . you grade vinyl under bright light dont you? again what is the 7 day return policy for i don't see any stipulations on the listing. can you tell me where it is ? if you grade NM then it should be near mint all the way.
MY RESPONSE:
Sir, the stipulation is I DO NOT PLAY TEST THE RECORDS, PLEASE EMAIL ME BEFORE THE END OF THE AUCTION IF YOU WANT ME TO LISTEN TO THE RECORD QUALITY. Goldmine clearly states a NM record: Virtually flawless records are not perfect. NOT PERFECT. A very minor scuff and very little else can appear on the vinyl. You said...under bright light you can see the marks on the vinyl. This makes the record not perfect, but still NM. Besides that, the sound is irrelivent to the grade because I said, SPECIFICALLY that I DID NOT grade based on sound. So, anything in your complaint about sound is not my responsibility as you did not inquire on it PRIOR to purchasing the record. That is YOUR fault, not mine. I've bought and sold thousands of records, and I know how to grade. I stand behind my grade, and disagree that the record is significantly not as described as your complaint claims. If you had a problem with the condition initially, we also wouldn't be here right now...but your first email was about SOUND, and you have changed that, I believe falsely, to a visual grading issue because you know the sound quality is a moot issue in this case. Let me say this again, the sound quality is not part of the grade because 3 times I stated it was not part of the grade...3 TIMES...you failed to inquire about me listening to the record, so that negates your claim and thus the refund policy.
BUYER RESPONSE:
you are very difficult too work with i have purchased records in the $$$$$ range with ease we can go back and forth on this for weeks i am trying to be very civil on this but clearly we are not going to come to civil conclusion .so lets have paypal decide and get it over with.
---------------
At this point, the buyer escalated the dispute to a claim.
I responded one last time, basically I pleaded with the Paypal people to not let the buyer win this case based on the bogus claim that the record was visually graded wrong. Remember, his first email said the SOUND was a little off, not the visual grade. I still stick by the grade of Near Mint, and contend the sound was never graded, and shouldn't be the basis for a refund, as he never requested that I listen to it.
Am I being difficult? Yes. But on principle I believe I did nothing wrong, and I refuse to give in to people who take shortcuts and want to be rewarded for it. The case went to mediation, and the verdict was returned...
What do you think? Should I have to refund the money? Or will the sale stand? Post your comment and I'll reveil the verdict soon!!
Tuesday, October 14, 2008
Hendrix Dylan...The First Four Months
As promised, here is a photo history of Hendrix Dylan entitled:
HENDRIX DYLAN...THE FIRST FOUR MONTHS
(it's a little misleading, as he won't be 4 months until the 22nd, but whatever...)
Click on any photo to enlarge
(Ah, birth, what a happy time...well, maybe not for Hendrix! June 22, 2008...7 lbs 10.5 oz)
(2 days old...rockin' his Mini Hendrix onesie.)
(Baby's first bath.)
(Finally at home...first week.)
(Ah, doesn't he look peaceful??)
(Lookin' over daddy's shoulder...one month old.)
(Hendrix's first big smile, caught on camera!! One and a half months old.)
(A little tummy time...)
(Two months old...Hendrix's impression of Pete Townshend from The Who!! Awesome windmill action!)
(Hendrix in his big boy jeans that his cousin Juli bought him. Doesn't he look all grown up?)
(Hendrix finds his thumb...2 1/2 months old.)
(Classic Hendrix stare!)
(Hendrix and mommy...3 months old)
(What'chu lookin' at? Hendrix sporting his Electric Baby onesie...thanks, Nellie!!)
(Mommy and Hendrix...laughing as usual!)
(Hendrix the froggie!! 3 1/2 months old!)
(You get two Hendrix the froggie, cause he's just that darn cute!!)
HENDRIX DYLAN...THE FIRST FOUR MONTHS
(it's a little misleading, as he won't be 4 months until the 22nd, but whatever...)
Click on any photo to enlarge
(Ah, birth, what a happy time...well, maybe not for Hendrix! June 22, 2008...7 lbs 10.5 oz)
(2 days old...rockin' his Mini Hendrix onesie.)
(Baby's first bath.)
(Finally at home...first week.)
(Ah, doesn't he look peaceful??)
(Lookin' over daddy's shoulder...one month old.)
(Hendrix's first big smile, caught on camera!! One and a half months old.)
(A little tummy time...)
(Two months old...Hendrix's impression of Pete Townshend from The Who!! Awesome windmill action!)
(Hendrix in his big boy jeans that his cousin Juli bought him. Doesn't he look all grown up?)
(Hendrix finds his thumb...2 1/2 months old.)
(Classic Hendrix stare!)
(Hendrix and mommy...3 months old)
(What'chu lookin' at? Hendrix sporting his Electric Baby onesie...thanks, Nellie!!)
(Mommy and Hendrix...laughing as usual!)
(Hendrix the froggie!! 3 1/2 months old!)
(You get two Hendrix the froggie, cause he's just that darn cute!!)
Monday, October 13, 2008
September
What happened to September?? Have I really not blogged since August? Well,
I'm ready to make it up to everyone right now!!
It's 1:20 pm on Monday...Columbus Day, I believe. Since I've been a stay-at-home dad, dates escape me totally, but I'm pretty sure it's the 13th. Hendrix is fast asleep, laying (or is it lying?? help me grammar friends) on my chest. His face is slightly red from crying...or should I say screaming...for the half hour prior to falling asleep. Poor guy, i'm not sure why he was crying, besides being tired. I think he may have a tooth fixing to break through.
Hendrix will be 4 months old on the 22nd. It's great being home with him, because it makes the time go slower, and I can enjoy him growing up more. He really has been good, only cries when he's tired really. Sleeps through the night, too...can't ask for anything more. I will post photos tomorrow, I promise.
Volleyball has started again, my 18th season. I feel great knee wise, but my shoulder is giving me problems. Nothing new, just have to fight through it. Hopefully, I will be able to play some tourneys next summer, I'm ready (hint, hint...anyone who wants to play...Hank, let's play some doubles in Louisville this year, what do you say??)
Reffing the ladies again this year, and having a good time. It's cool to see new players, and veterans getting better. Of course, the money is the main draw. It's nice to know we have Christmas covered, especially with 15 nieces and nephews.
Overall, I just wanted to touch base, let you all know I'm still around, and I PROMISE to blog at least once a week, or you can have your money back!!
I love you all...please comment to let me know you haven't given up on me!!
Tony and Hendrix
I'm ready to make it up to everyone right now!!
It's 1:20 pm on Monday...Columbus Day, I believe. Since I've been a stay-at-home dad, dates escape me totally, but I'm pretty sure it's the 13th. Hendrix is fast asleep, laying (or is it lying?? help me grammar friends) on my chest. His face is slightly red from crying...or should I say screaming...for the half hour prior to falling asleep. Poor guy, i'm not sure why he was crying, besides being tired. I think he may have a tooth fixing to break through.
Hendrix will be 4 months old on the 22nd. It's great being home with him, because it makes the time go slower, and I can enjoy him growing up more. He really has been good, only cries when he's tired really. Sleeps through the night, too...can't ask for anything more. I will post photos tomorrow, I promise.
Volleyball has started again, my 18th season. I feel great knee wise, but my shoulder is giving me problems. Nothing new, just have to fight through it. Hopefully, I will be able to play some tourneys next summer, I'm ready (hint, hint...anyone who wants to play...Hank, let's play some doubles in Louisville this year, what do you say??)
Reffing the ladies again this year, and having a good time. It's cool to see new players, and veterans getting better. Of course, the money is the main draw. It's nice to know we have Christmas covered, especially with 15 nieces and nephews.
Overall, I just wanted to touch base, let you all know I'm still around, and I PROMISE to blog at least once a week, or you can have your money back!!
I love you all...please comment to let me know you haven't given up on me!!
Tony and Hendrix
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