Q. ebay/legal related

I can't see any reason why you can't get either, unless you live outside of the specified deliverable regions. Assuming you've paid, they have to either refund you or send you the item, surely?
 
why do you need a refund for a start?

is there something wrong with the CD?

if you just don't want it, it's not the sellers fault, and he wont be able to sell it on as new and will be making a loss.
 
Well I paid via Paypal, through their checkout thing, on the same day the auction ended.

Edit: in case it in't clear I didn't ever receive the CD, I paid, it never came, I'm now refused a refund or a re-ship. I gave them £8.36 and got nothing back.
 
Nealw..... the seller still has the item, it hasn't been dispatched. The seller refused to dispace or refund - at least that's how I read the opening post.
 
you paid via paypal if this is the case just log into your paypal account and do a dispute.

Paypal will contact the seller asking to provide tracking info, if no info is given you will get your money back.

ie as the seller has not sent the item he can't show paypal with any shipping info, you will get you money back within days...simple.
 
I can't file a dispute with either ebay or paypal because it's been too long. 60 days I think is the period.

However, in that time I was emailing the seller and getting responses so there was no need to file a dispute. I would rather sort a problem out with a seller than start a dispute resolution process. My mistake I guess.
 
you should still contact paypal dude only chance to get your cash back they still might help you.

The seller has kept you hanging for 60 days he's never going to refund or send anything.
 
Well i'll let you know what's happened.

When I ordered the CD, I wasn't actually that bothered about it, I was in no hurry to get it, that may explain the apparent laziness. Anyway:


I used buyitnow and paid the same day.

About 4 weeks later, there is still nothing so I email and the seller says:

"Your order shipped 1/10/2006 should be arriving shortly. I apologize for the delay in your shipment caused by reasons unknown."

Quite how they knew it would be arriving shortly is perplexing but nevertheless I trusted them.

Another 4 weeks and still nothing so I send another email. Following reply:

"Please let me know the reason why you took so long to reply?"

Which is ridiculous in my view. I can take as long as I like, within reason. I don't have time to constantly email a company about an £8 CD. Anyway, received another reply:

"After 45 days from the date of order, no re-shipments/refunds of missing, damaged, or incorrectly packaged orders will be permitted.

I apologize but I am unable to process this order further."

Hmm, that's strange, don't remember reading that when I purchased the CD.

Obviously replied and received:

"Under FAQs


Please view our front page to see the 45 day policy."

The FAQ links to:

http://stores.channeladvisor.com/Movie-Mars/Store/Tab.aspx?tabid=5



Now this is the problem. I would have had no idea this website existed from the auction page and there was no link to it and no mention of this 45 day policy on ebay. As you guys have showed.

Nevertheless, the company refuse a refund on that basis and argue its their policy so it applies. Ridiculous imo.

What do you think?


Up till now I have emailed the Federal Trade Commission and received a general reply (they don't investigate on behalf of people).

I have emailed the Attorney General at the Department of Justice for North Carolina (where the company is) and have no received a reply.

I emailed ebay and they may still investigate the seller but not on my behalf, it's too late for that.

Next step is small claims court in NC.

If an American members could help it would be great because I don't know how their legal system works. In the UK this wouldn't be permitted at all.

Also is it possible for me to iniate a claim in NC even though I don't live in the USA? I obviously couldn't get to court or anything.

Any advice anyone has would be great.

PS I'm never going to let this drop. I don't care about the money. It's the principle of the situation. Also there are a couple of websites with the aim of shutting moviemars down so they are dubious anyway. I just wasn't aware at the time.
 
Without knowing how Consumer Law appiles in the US it is hard to comment. BUT get onto PAYPAL asap. They always find in favour of the buyer. In UK law me as a seller are duty to bound to supply the item to the buyer. If that gets lost in the post, tough I still owe the buyer.

Hope you get it sorted out. Did you leave feedback yet?
 
Update!!!!

I posted on ebay community forums and the CEO of Movie Mars replied and refunded my money in full.

They still don't accept they're in the wrong but I got my money anyway so all is well.

In any case, I still wouldn't recommend buying off them.
 
Last edited:
Jet said:
Update!!!!

I posted on ebay community forums and the CEO of Movie Mars replied and refunded my money in full.

They still don't accept there in the wrong but I got my money anyway so all is well.

In any case, I still wouldn't recommend buying off them.
Click to expand...

Oh nice one, Ill remmember what you done if I get in the same situation.
Cheers :p

MC_Bob
 
You must log in or register to reply here.
Back
Top Bottom