I am just too upset...

  1. I’m sorry, this post is a bit too long, but I really need to vent about it. I'm just too upset. I've been losing sleep over this, and I couldn't believe how I can be this stupid.
    A few days before the New Year, I won a bid on eBay for a diamond watch from a power seller with over 1000 FB and 99.7% of them are positive. Plus, he has been on eBay since 12/2000. I had another transaction with the same seller just two weeks prior and it was very smooth. I thought I could fully trust this seller. Plus, so far I had a very good experience on eBay (maybe I was just lucky, but I was also very cautionous). The seller stated on his auction the watch is, quoted: "ABSOLUTELY BRAND NEW & UNUSED. BRAND NEW IN BOX". I was the first and the only bidder (I guess other people knew better) and won the bid for $1000. The watch is retailed about $2000. I thought I got a great deal and have been counting the days for the watch to arrive. I've even pictured in my mind how the watch is going to look on my wrist.
    I received the watch yesterday morning. The first thing I noticed is the warranty card was not signed, also, there are no instruction manual and no extra strap. I'm willing to ignore the later two since I did get the watch at a bargain price, and those items were not stated in his auction. I only informed the seller the warranty card was not signed, and then I went out to study. I didn't come back until late at night. I checked my messages and the seller did give an acceptable excuse. I decided to try on the watch once more before I leave a positive feedback for the seller. I have a small jewelry loupe (costs ~$10) that I use to check markings on jewelries I bought on eBay - finding a trademark to prove its authenticity. I used it to check out the diamonds' sparkle, and realized that the watch doesn't look brand new - has noticeable scratches. I began to inspect the watch more closely and to my horror I found out the back cover of the watch doesn't seal off completely. There is a noticeable gap on the left side (please see the attached pic). It looks like the back cover has been opened before or has been tampered with. I could live with the scratches, but NOT THIS!!!
    At first, I thought it was just a honest mistake by the seller and he sold me a refurbished watch, so I contacted him letting him know the situation, and I also sent him photos, here is his response:

    "****** does not refurbish...moreover, if it was a refurbished watch I would have stated so. I did not earn my reputation on eBay by lying or stating untruths and I defend my reputation strongly. That watch has not been opened...if it was opened, you were the first to do so. In sum what exactly is it you are alluding to? That you want a refund? Please provide me proof of what you are saying; the burden of proof lies with you. Not one, understand this, not one of the persons who purchased a watch from me this December, including a Rolex was disssatisfied as they were all correctly representd; including yours. If you merely don't like it, then so state, but don't impugne my integrity by stating that you 'think' it is refurbished when it clearly is not."

    After seeing his response, I began to have this sick feeling you get in your stomach when something like this happens. I sent him additional photos with the serial number on the back, trying to prove to him it is the same watch he sent me, and then I got more insults:

    "The pictures of the back mean very little; backs are changed all the time and can easily be placed over another...again and again, I stand behind what we sold you and unequivicably state the watch was brand new, as it is a brand new watch. We stand to gain nothing by lying to you and I am not in business to take anyone's money nor deceive them...much less for $1000. A thousand dollars is alot of money; and again, we take our business seriously and have a proven track record over and over again for selling what we state we offer."

    I'm a programmer, not a jeweler. There's no way I could open the back cover of a watch. I don't have the means, the time, the skill, or the tools to do that without totally destroying the watch, especially, I DO NOT have other diamond watches of the same brand name (the seller does, but I don't want to point any fingers). It never occurred to me the back cover can be changed. And, YES, I only paid $1000, and I only have myself to blame for believing I could find a bargain for a NEW diamond watch on eBay. I’ve been kicking myself since.
    I stayed late last night reading articles/posts of how to handle a dispute on eBay because I have never done it before. I filed a “Significantly Not as Described Dispute” with PayPal early this morning. But what will be my chances facing a power seller with a great FB? I only made 50+ transactions on eBay even though I’ve 100% positive FB (but I guess it will be all ruined by this seller). I have been telling myself to be strong, not to cry, and not to get overly mad about this.
     
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  2. I know you are upset and I certainly understand why. But I think you did the right thing filing your SNAD. I think the reaction of the seller is WAY too strong and it makes me think that they are hiding something. I can't tell you what your chances of winning are but if you paid by credit card, maybe you can do a chargeback if Ebay doesn't side with you. Good luck.
     
  3. I am so sorry that this has happened - l too find his reply rude and there is no need for this. Were there plenty of pictures on the auction listing? If l was in your position l would be angry over his response and would also file a SNAD. Just don't let the seller bully you - his feedback should not make any difference - something described as new should be that!!!!

    :tdown::tdown::tdown:
     
  4. I agree with you, that watch doesn't look new to me. Hope the dispute process works out for you. Keep us posted!
     
  5. I'm just wondering- did the auction itself have a picture of the back? Does it look the same?
    I'm so sorry you're upset!
     
  6. I am reluctant to do a chargeback because I think it further proves the case for that seller when he is insulting my integrity.
     
  7. Maybe the seller didn't see this but he's still liable for it, if you can persuade pp that the watch arrived like this. The SNAD was the right thing to do. I wouldn't communicate with the seller directly anymore, only through pp. Good luck!
     
  8. There are about nine photos on that listing and they're about 4"x3" in size. None of them is clear or close enough to show the scraches. And none of them is from the left side of the watch where the noticeable gap is visible.
     
  9. Thank you!! There are about nine photos on the listing, and they're about 4"x3" in size. None of them is clear or close enough to show the scratches, and none of them is taken from the left side of the watch where the noticeable gap is visible.
     
  10. Thank you!! I will definitely keep everyone posted.
     
  11. I hope everything works out for you
     
  12. Yes, it does show a pic facing the back with the serial number visible, and that's how I could prove to him it is the same watch because the serial number matches, but the gap is only noticeable when you see it from the left side (see my photo), but he doesn't have any photos taken from the left side.
     
  13. perhaps it is new but broken. Maybe during shipment the back opened or something. Instead of accusing him of a refurbished watch, maybe if you say this he will cooperate more. It's scary that this established seller would be so defensive instead of just offering to refund.
     
  14. south-of-france, CoutureChiQ - Thank you for your advise and support. I'm heading out for a big dinner and hope I'll feel much better after it.
     
  15. Wow, I saw the auction it came from and this definitely does not seem to be the same quality as shown. I can't believe this particular seller would do something like this...and it's good that the serial number is visible in the pictures. I hope everything works out for you.