Shown below are the ebay auction award email, and my emails to the Seller with several suggestions for a fair solution, and his/her replies. (Red color in text below is by me for emphasis, and not original to the emails):
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----- Original Message ----- From: <endofauction @ ebay.com> To: <dennysguitars @ earthlink.net> Sent: Monday, January 03, 2005 4:41 PM Subject: eBay Item Won! Orig. Fender Custom Shop Stratocaster Telecaster Case!! (Item #3772337452)
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Congratulations geetarpicker!
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Dear geetarpicker, You have committed to buy the following eBay item from tune_o_matic (email censored for privacy courtesy) on Jan-03-05 18:41:16 PST:
Please review the seller's payment instructions below. Pay using PayPal, cashier's check/Money order
https://payments.ebay.com/ws/eBayISAPI.dll?UnifiedCheckoutShippingDispatcher&item=3772337452&transactionid=0&quantity=1 &level=1&editAddress=0&newpurchaseok=0&ssPageName=ADME:B:EOAB:US:1
----------------------------------------------------------------- LISTING DETAILS ----------------------------------------------------------------- Item name: Orig. Fender Custom Shop Stratocaster Telecaster Case!! Item number: 3772337452 End date: Jan-03-05 18:41:16 PST Seller: tune_o_matic Seller email: mailto:(Censored for SPAM courtesy) Buyer: geetarpicker Buyer email: mailto:dennysguitars @ earthlink.net
----------------------------------------------------------------- PAYMENT DETAILS ----------------------------------------------------------------- Item price: US $127.50 Quantity: 1 Subtotal: US $127.50
Shipping and Handling: Standard flat rate shipping service: US $25.00
- Shipping insurance per item: US $2.00 (optional) Sales tax: (None)
Ship-to zip code: 96791
Payment instructions from seller: [None specified]
You may also contact the seller via email to complete the sale at (Censored for SPAM courtesy). If contacting the seller directly, please do so within 3 business days. You should send payment directly to the seller.
You may also add this seller to Favorites in MyeBay by clicking the below link, http://my.ebay.com/ws/eBayISAPI.dll?AcceptSavedSeller&mode=0&preference=0&sellerid=tune_o_matic&ru=fromemail&ssPageNa me=STRK:MEFS:ADDEOA
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This item can be viewed for up to 90 days at:
Note: The seller has been sent a separate email to confirm this sale.
Don't forget to leave feedback after the sale is complete at http://feedback.ebay.com/ws/eBayISAPI.dll?LeaveFeedbackShow&ssPageName=ADME :B:EOAB:US:13
----------------------------------------------------------------- HELPFUL LINKS ----------------------------------------------------------------- Leave feedback - Tell us how the sale went: http://feedback.ebay.com/ws/eBayISAPI.dll?LeaveFeedbackShow&ssPageName=ADME :B:EOAB:US:14
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----- Original Message ----- From: <aw-confirm @ ebay.com> To: <dennysguitars @ earthlink.net> Sent: Monday, January 03, 2005 4:54 PM Subject: Your invoice for eBay purchases - item #3772337452, Orig. Fender Custom Shop Stratocaster Telecaster Case!!
Dear geetarpicker,
Thank you for your purchase. The total for your item below is US $154.50.
To ensure fast delivery, please go to the URL below to complete payment:
https://payments.ebay.com/ws/eBayISAPI.dll?UnifiedCheckoutShippingDispatcher &item=3772337452&transactionid=0&quantity=1
You can pay me securely with any major credit card through PayPal. I accept the following payment methods: PayPal, See item description, Cashier's Check/Money Order.
============================================================ Item #/Item Title Qty Price ============================================================ 3772337452 1US $127.50 Orig. Fender Custom Shop Stratocaster Telecaster Case!!
------------------------------------------------------------ Subtotal: US $127.50 Shipping and handling via Standard Flat Rate Shipping Service : US $25.00 Shipping insurance (Optional US $2.00): --
---------------------- Total: US $154.50
When mailing your payment, please make money order/cashiers check payable to: (Name censored for courtesy)
Mailing address: (Address censored for courtesy)
IMPORTANT NOTE: Please include your mailing address and a referance to what your payment is for when mailing your payment. Payments received without this information will only cause a delay in shipping!
Thank you for bidding and winning!
Please email me at (Censored for SPAM courtesy) if you have any questions.
I offer the following shipping options: Standard Flat Rate Shipping Service: US $25.00
If you want to mail your payment, please send it and include a copy of this email to:
(Address censored for courtesy)
Thank you again for your purchase.
tune_o_matic
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Designated trademarks and brands are the property of their respective owners.
eBay and the eBay logo are trademarks of eBay Inc.
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[Original Message] From: Denny T~ <dennysguitars @ earthlink.net> To: <Censored for SPAM courtesy> Cc: receipt <dennysguitars @ earthlink.net> Date: 1/16/2005 9:22:47 AM Subject: Received -- in pretty bad shape -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
Good Evening (name censored for courtesy),
Please accept this email as a gesture of the best of Good Faith. It is my nature and practice to put everything out in the open, up front; Which has proven for me to be the best way to do business and resolve problems quickly. I trust you appreciate that manner too.
I received this case 3 days ago, but have been pondering how we might handle my dis-satisfaction with the manner the description of this item was written and failed to mention quite obvious discrepencies any good Seller would have disclosed and any reasonably astute Buyer would have expected; And it appears the discrepencies were known to you (IMHO) since your description said this case held a custom shop Strat and therefore the lid had to have been opened and it's blatantly broken top realized. ( Gotta respect the guy who thoroughly man-handled / played his guitar though ! ). And I think it's also quite fair to assume if you knew to mention the cleaning that had to be done to this case, you would have noticed the rips and tears all over this case as well, and noticed the interior top lining hanging loose. The worst of the rips and tears are on both ends hidden from camera view in the auction's pictures, as is the hanging lid lining not being readily apparant in the auction pictures (*attached* to this email with my comments embossed).
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Your auction stated:
"Case is in good condition". .... (and) .... "Tweed could use a cleaning".
Cleaning is one thing, but judging with my 45 years professional Guitar playing / teaching / tech / repairing / merchandising career, this case would have had a 'Fair' condition at best with the BROKEN lid top, separated lid lining, and number of small rips and tears all over this case particularly those hidden from view in the auction pictures. If the tweed needing cleaning is worthy of mention, then any Buyer could reasonably expect any worse issues to be disclosed as well. The case is not in "Good" condition by professional / industry-standard guitar ratings, and certainly not in "Good" condition by any stretch of imagination for general merchandise. I have verified my opinion with the planet's most famous guitar broker who was a roady for me 40 years ago before gaining his own fame.
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I could have bought the same case brand new from G&G for $99 +s/h/i; But I wanted a case in the Good condition (industry standard or general merchandise rating) you advertised, with some wear / use showing, (rather than counterfeit wear for the Authentic market) and I trusted your "Good-condition / needs cleaning" desription.
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Your auction description's "Sold As Is ... Sale Is Final" holds up under eBay policy, federal law and most state laws, only if reasonable disclosure was made in an item's description. You may verify this in eBay's resources or by inquiring with the FBI / IFCC at: http://www.ifccfbi.gov/contactus.asp
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Please see my eBay feedback and notice my excellent reputation, even with the few entries there that learned I do know how to resolve problems quite well in the best of good faith.
Since I have no intention to eat shipping it back to you and hassling over it, and; I doubt it would serve you well to get this case back and you have to expend the time and resources to repair it as I will have to, and; I suppose you would dislike the hassles of eBay and IFCC complaints and Pay Pal claims as much as I would dislike doing so;
Then it seems to me that better options are:
(1) You to either accept my professional appraisal of this case's value at $70 maximum (which is also about the same value repaired to "Good" condition you reported it to be in, and that repair cost subtracted), ...OR... you could get your own appraisal which I am sure will reflect quite similar to mine if not lower; And then you refund me the difference between this case's present value and what I paid you for it expecting the Good condition you reported it to be, or;
(2) You could also refund me the cost of repair that I estimate at about $60 to bring it to the condition it was advertised, ... or a professional estimate that you might acquire; And if we don't agree with a repair cost then I will take it to a professional luggage company for a professional second-opinion repair cost estimate documentation for you at your expense, (or at my expense to accompany an eBay and IFCC complaint which I hope and trust won't be needed). But please understand that if I have to take the time and drive 50 miles round-trip (to the closest professional luggage shop) to get such a second-opinion appraisal, then I will expect to be refunded what that appraisal reports, or;
(3) You could also get an internet appraisal from nationally recognized George Gruhn, or via telephone to him in conjunction with emailing him your pictures or the *attached* pictures. I surmise he would likely charge you for such an appraisal. http://www.gruhn.com/
(4) I am open to other suggestions you might have.
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I surmise your time is as valuable as mine and that neither of us should have to bander this about very long.
Thank You. I look forward to hearing from you and reaching an amicalbe solution.
Aloha, Denny T~
Cntacts, hours and time differences: http://www.dennysguitars.homestead.com/dadscoffee1.html
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----- Original Message ----- From: <Censored for SPAM courtesy> To: "Denny T~" <dennysguitars @ earthlink.net> Sent: Sunday, January 16, 2005 7:29 AM Subject: RE: Received -- in pretty bad shape -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
Send it back.
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----- Original Message ----- From: "Denny T~" <dennysguitars @ earthlink.net> To: <Censored for SPAM courtesy> Cc: "receipt" <dennysguitars @ earthlink.net> Sent: Wednesday, February 02, 2005 1:06 AM Subject: Re: Received -- in pretty bad shape -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
Yea, right; Pay $50 round trip freight to inspect a case that was already broken when auctioned and not disclosed? I don't think so. I'll handle it in other manners.
Aloha, Denny T~
Contacts, hours and time differences: http://www.dennysguitars.homestead.com/dadscoffee1.html
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[Original Message] From: Denny T~ <dennysguitars @ earthlink.net> To: Censored for SPAM courtesy Cc: receipt <dennysguitars @ earthlink.net> Date: 2/6/2005 10:28:23 PM Subject: one last request for resolve -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
Here is one last request for meaningful commo from you to resolve of this eBay problem before my leaving feedback about the transaction tommorrow and starting the investigation request process. Aloha, Denny T~
Contacts, hours and time differences: http://www.dennysguitars.homestead.com/dadscoffee1.html
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----- Original Message ----- From: <Censored for SPAM courtesy> To: "Denny T~" <dennysguitars @ earthlink.net> Sent: Sunday, February 06, 2005 8:52 PM Subject: RE: one last request for resolve -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
My friend, I told you to send it back over a month ago. You didn't. What else do you want me to do?
Please don't threaten me with stupid feedbacks, because in case you don't know, negative feedback goes both ways. So if you are thinking of leaving a negative, expect one in return.
You can contact eBay from here till eternity. I told you to send it back for a refund, and you didn't do so.
Also keep in mind, that once a negative feedback is left for me, I cut ALL LIFE LINES and offer NO FURTHER HELP to the buyer. You will not see even one cent back and your e-mail address will be blocked.
Think about it, and let me know what you want to do.
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----- Original Message ----- From: "Denny T~" <dennysguitars @ earthlink.net> To: <Censored for SPAM courtesy> Cc: "receipt" <dennysguitars @ earthlink.net> Sent: Monday, February 07, 2005 11:39 AM Subject: Re: one last request for resolve -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
For the record, and to assure that the best of Good Faith has been offered:
I don't know why we're having so much difficulty here. It is a rather simple matter of an auction sale where "as-is" was unreasonably mis-represented; Whether accidentally or deliberately is not my concern, just offering and getting a reasonable solution is. I spent a fair amount of time figuring out solutions and details of each and already sent them to you right off (and I trust you have reviewed). But to clearly reiterate: I don't think anyone would consider it fair to pay 2-way shipping just to discover an item misrepresented and even broken when sold and not fairly disclosed; And I've said that in both my previous emails to you ....along with showing you the broken item in your own auction pictures. And why would I choose to spend that $50 or-so shipping and wind up with nothing when I could spend about another $20 (total $70) to either job-out the repair or my shop time to do it myself (which is what I plan to do in light of your responses)? So your idea of "shipping back" solution simply doesn't make much sense on this end; Which leaves me to honestly report via eBay feedback how this deal turned out as any reasonable person would naturally / normally expect. EBay's feedback isn't some sort of jousting, it's simply a report of how a transaction went; And I have no intention of reporting anything different than an honest report ...which is important for any eBayer to do and expect. A major issue here is also the process of everyone doing their part in doing good eBay / online business and reporting same when it doesn't occur ....certainly more costly in time and motion and just as important as the monetary values we are dealing with.
And no, I didn't wait a month to respond to you as you said; I responded immediately upon receipt of the guitar case, and immediately to your "send it back" 3 weeks ago ...rather repeating what I said in my first email to you, ...that paying 2 way shipping is simply not reasonable just to discover an item quite misrepresented and even substantially broken at the time of sale and not disclosed. The case had to be opened to remove the strat you reported was previously in it ... at which time the broken lid would be blatantly obvious ... not to mention your quite misrepresented condition rating ... most of which was hidden (not viewable) from camera view in your auction ... all of which are paramount to good online business. I am only trying one last time to find a reasonable solution before I abide by the time-lines prescribed by eBay, and by the FBI / IFCC (also per eBay's suggestions), to give their reading when the 2 parties of a transaction can't agree; And in that process ... based upon your replies ... the time to leave feedback has now arrived and will be done honestly along with petitions to eBay and the FBI / IFCC for their reading. EBay's findings are advisory while the FBI / IFCC findings are law. It's not threats as you said; It's the normal / expected process prescribed by eBay and the FBI / IFCC for which I will do my part and gladly accept whatever "official" reading they find.
At this point I can only take it that your only solution offered is sending it back at my expense; And I have said that is not a reasonable solution under the circumstances of this transaction. So that is what I will base my eBay feedback and further aforesaid petitions upon; And if it turns out I am wrong, I will gladly correct the feedback and take eBay's reading into serious condiseration and abide by the FBI / IFCC reading. Simple; Honest; Straight-forward; Reasonably expected; Normal process.
You are certainly free to leave whatever feedback you desire and I trust it will be an honest report; But if it's not honest then it too will become part of the petition process as well, .....just as my feedback should be if it is not honest. I'm certainly not anxious about feedback because I post the email exchanges on my website for all to see and judge for themselves. If I am ever found to be wrong in my assessment of a bad auction / sale, then I would be just as quick to post same so that others can learn from that mistake as well.
I think your reluctance to address the key issues in this transaction that you alone were responsible for, and adjust this sale for repair or closer to it's as-is real value, speaks for itself in light of the amount of guitar business / guitar experience you've had on eBay which highly suggests you know what the industry standard issues are (and were provided to you quickly ... and you have not rebutted). That is not my opinion alone; But also the second opinion I originally told you I acquired from one of the Planet's top experts in the guitar business, which in light of your replies, would be part of my further petitions.
And if you insist: I hardly deem my experience in this transaction as a "LIFELINE" you said, ...but quite the contrary. And I will keep your "NO FURTHER HELP" in mind as well ....although I sense that I am a bit more flexible than such statements by you. I would appreciate you blocking me from your auctions; It will save me the trouble of having to remember who to not do business with.
With all the above said, I still offer a full willingness to back up and make this transaction right and be able to report same. We all make mistakes and have bad times that can be corrected and everyone feel good about in the end.
Aloha, Denny T~
Contacts, hours and time differences: http://www.dennysguitars.homestead.com/dadscoffee1.html
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----- Original Message ----- From: <Censored for SPAM courtesy> To: "Denny T~" <dennysguitars@earthlink.net> Sent: Monday, February 07, 2005 11:58 AM Subject: Re: one last request for resolve -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
I don't even have the time to read your 3 page e-mail.
If you are not happy, I am offering a full refund upon return of goods and any good retailer would do. You send it back, you get your $ back. That;s how it works. Nice & simple.
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----- Original Message ----- From: "Denny T~" <dennysguitars@earthlink.net> To: <Censored for SPAM courtesy> Cc: "receipt" <dennysguitars@earthlink.net> Sent: Tuesday, February 08, 2005 12:18 PM Subject: DRAFT DRAFT DRAFT DRAFT DRAFT 1-8-05: Re: one last request for resolve -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
Thank You. We both find ourselves in the "same" time constraint boat.
Please tell me if your last stated "full refund" includes 2-way shipping. If so, that is fine with me and I will get the case shipped back ASAP.
But might I suggest: IF "full refund" means 2-way shipping included, then might I suggest we both split the $70 cost of repair by your refunding my Pay Pal account $35. That sure seems to me to be quite fair and less costly to you.
If "full refund" does NOT include 2-way shipping, then our previous emails are where we're still at and we can simply rest easy awaiting an official ruling that I will gladly abide by.
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Particularly in light of your "cutting lifelines" and your "not having time to read emails" etc: My 9 year old son is undergoing a regime of critical outpatient emergency surgeries and requires constant 24/7 attention which consumes most of my time and makes my daily chores quite a challenge. So at this point I really can't afford to dink around with this eBay transaction and am quite comfortable with simply awaiting official readings that I will abide by.
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You stated: "I don't even have the time to read your 3 page e-mail."
If you're not going to read communication then I'm certainly not going to take the time to communicate info and suggestions that most professinal business people would desire to be communicated in a dispute. So I will answer your emails VERY briefly in the future. If you change your mind about more thorough communication, please let me know.
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Aloha, Denny Turner
Contacts, hours and time differences: http://www.dennysguitars.homestead.com/dadscoffee1.html
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----- Original Message ----- From: "Denny T~" <dennysguitars@earthlink.net> To: <Censored for SPAM courtesy> Cc: "receipt" <dennysguitars@earthlink.net> Sent: Tuesday, February 08, 2005 12:48 PM Subject: Fw: DRAFT DRAFT DRAFT DRAFT DRAFT 1-8-05: Re: one last request for resolve -----> eBay #3772337452, Fender Custom Shop Stratocaster Telecaster Case
Please disregard the DRAFT DRAFT DRAFT text in the subject line of my previous email. I simply forgot to remove the DRAFT reminders when I whittled down the email and sent it.
Aloha, Denny T~
Contacts, hours and time differences: http://www.dennysguitars.homestead.com/dadscoffee1.html
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----- Original Message ----- From: <Censored for SPAM courtesy To: <dennysguitars@earthlink.net> Sent: Thursday, February 10, 2005 12:37 PM
I must tell you that you are one of the BIGGEST idiots I have ever encountered in my entire life. That fact that you have the time to sit and write 10 page long e-mails and post this loser thread on your web site just shows that you are a bored moron that has nothing better to do with his life.
I just wanted to let you know that I might be a "DARWIN AWARD CANDIDATE" (which I will very proudly honor since I am a big believer in Darwin's theories).
How ironic it is that Darwin's theories come to life in this case (no pun intended). While I might be a candidate for a Darwin award, I can BUY & SELL YOU in one second flat.
While you sit @ home jerkin' off over your stupid "Bad transactions" thread I am here cashing in on the vintage guitar market and actually doing something with my time.
I make more money in one day then you make in an entire year. Why? Because I don't waste my time sitting @ home composing stupid threads on my bullshit web site.
"ONLY THE STRONG SURVIVE!!"
Do you REALLY think that the FBI, eBay, IFCC, CIA, Interpol, KGB, Scotland Yard or "The Mosad" give a shit about the piece of shit case you bought from me?? Don't you think they have better things to do with their time? "Stop looking for Osama! We have a Fender case issue to resolve here!" Ha Ha!
Like I told you, you can write to everyone from here till eternity. I'll still be here making tons of money while you write stupid threads.
Now you have a case you are not happy with, AND a negative feedback! Boy, that was smart! Hope you really enjoy it, 'cause now you can shove it!
Aloha this!
P.S.
You can add this e-mail to your stupid thread (instead of doing something productive with your sorry ass life). Oh, and don't even bother writing back because your e-mail address is blocked.
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