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Message:: [QUOTE="imrich, post: 1206295, member: 22331"]Respectful Disagreement I respectfully disagree with your pleading, as the buyer/seller contract hasn't been fulfilled until the buyer receives Quid Pro Quo, and acknowledges same by direct contact, feedback, or the contractual time period has elapsed without additional communication. A case in point is: Recently on eBay, I won (not B.I.N.), and promptly paid for a roll of pre-1921 high grade mixed date/mint Morgan Silver Dollars. The S/H charge was considerately excessive to actual shipping cost. A grossly torn loose package promptly arrived, having rattling coins inside. The package was enclosed by a transparent sealed "overwrap" with a USPS notice of handling damage. I re-read the auction to ascertain the vague return policy. The actual postage amount was appreciable less than that for which I paid. I promptly sent a notice to the seller, explaining the receival conditions, requesting return funds for a USPS medium sized flat rate box to return the un-opened package, which probably had diminished count damaged coins. I suspected the ultimate seller response. I promptly contacted eBay, as a 5 figure monthly buyer/seller, asking them to read my seller sent e-mail, requesting a prepaid label for a medium sized flat rate box. I explained to eBay the "Catch-22" condition, that if I opened the USPS sealed package and found the contents diminished or damaged,  liability could be argued. I knew that the USPS wrapped torn package with rattling contents, were not what was contracted to be received. EBay denied my request, stating that enough time hadn't been allowed the seller, that the contents had to be examined to ascertain number/condition, and that eBay "buyer protection" doesn't cover shipping occurrences. The seller responded as suspected, stating that I should  return the package, and "they" (female moniker, male named response) would issue "a refund". I slit the corner of the package "overwrap" enough to gently remove Dollar coins, in the presence of a Notary Public with a camera. The entire coin contents (18 of the 20 coins purchased), some with fresh damage, were extracted though the largest ~5" package gash, and slid through the overwrap slit. The package will be returned to the seller, via USPS, with signature confirmation, requesting a prorated refund for 2 coins, and return postage. If my seemingly reasonable request is not fulfilled by the seller, I will leave appropriate factual "negative" feedback. I will also initiate a small claims court action for damages, listing the seller, and eBay culpable as co-defendants. All efforts are generally required to be completed prior to the eBay "time-out" period. IMHO, I BELIEVE TIMELY REASONABLE CONTRACTUAL RESPONSE IS APPROPRIATE, AND A MATTER OF PRINCIPLE.[/QUOTE]

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