From: "underwarez"
Sent: 23 March 2004 01:43
To: 'robert smith'
Subject: RE: Hi there, can i get a response? eBay Item: 32mb Smartmedia Card Smart Media Cards *NEW* (Item #3800950029)
Hey, thanks for the quick reply, I appreciate it. (attached to this mail are pics of the scratches and the lil' Ziploc bag),
Ok, like I said, its cool that the card is not the one in the auction, I'm really fine with that. But I really didn't expect you to treat me like an idiot.
The thing is... I got a cute little plastic Ziploc bag, not a "sleeve", and definitely not a "case", (in the auction you said a CASE, and now you use the nifty term "static free sleeve"), so please, please don't play with words and tell me that a Ziploc bag is actually a "case"/"sleeve"... I'd be really insulted.
About the scratches... what do you mean by "you don't know"? Dude, don't get all defensive on me alright? I wasn't asking you if you scratched it, I don't care who did it! I am saying it IS badly scratched! I was TELLING you very nicely that it CAME scratched so that we can find a reasonable solution.
So tell you what, I'll put it back into the little "plastic sleeve" that you have provided me with and ship it back to you.
So how is this going to work? You refund me for item and shipping costs and then I ship it back to you? Or, you send me a replacement and I send this back to you? Let me know and I'll get to it right away. Whatever it is, I want my refund back before I mail it to you. Why? Because I trusted you when I -- bought your item, waited 20 days for a different, scratched card in a ridiculous Ziploc bag -- I am sure you can return that level of trust. Please respond asap.
Sincerely, underwarez
From: "underwarez"
To: <lyon2u@hotmail.com>
Subject: RE: Hi there, can i get a response? eBay Item: 32mb Smartmedia
Card Smart Media Cards *NEW* (Item #3800950029)
Date: Fri, 26 Mar 2004 05:43:50 +0800
Ok, I gave you the benefit of the doubt and decided to just use the card and forget the whole business about the misrepresentation. But guess what? IT DOES NOT WORK!!! My camera hangs 8 out of 10 times when I switch it on, I've tried formatting it, repositioning it... whatever (short of giving it the breath of life!) and no go... oh and before you even suggest that my camera is faulty, I have three other cards that work fine, so don't go there...
I see you are diligently ignoring my mail. That is just dandy. Since you have made it very clear that you do not wish to resolve this problem like a proper businessman, I have no choice but to take all the available actions against you (aw man, I HATE doing things like that...why on earth couldn't you have just done the right thing???).
Regrettably, underwarez
From: robert smith [mailto:lyon2u@hotmail.com]
Sent: 26 March 2004 06:33
To: underwarez
Subject: RE: Hi there, can i get a response? eBay Item: 32mb Smartmedia Card Smart Media Cards *NEW* (Item #3800950029)
Hello,send it back to us in the a padded envelope and if it's in the same condition as when we sent it to you, "NEW" we will refund your full amount, we've never sold a card where the customer said it didn't work, but it is a mechanical device so who knows. Please don't be so rude if you email us back, it will be answered!!! thank you, Smitcoff
From: "underwarez"
To: <lyon2u@hotmail.com>
Subject: RE: Hi there, can i get a response? eBay Item: 32mb Smartmedia
Card Smart Media Cards *NEW* (Item #3800950029)
Date: Fri, 26 Mar 2004 08:20:03 +0800
Dear Robert Smith,
Aha! Great... a response at last! Oh yes, I was being pretty rude wasn't I?Well gee
I believe I took that kind of tone because I personally felt that it was rude of YOU to brush my concerns aside like they do not matter AND for not seeing it fit to reply me promptly. So now that we are square on that point, I am going to proceed on a slightly (only slightly) less rude tone.
Yes, it is believable that you have never sold a bad card before, and yes, I realise that you have had outstanding feedback. That is why I wanted to bid on your item. But you must realise, that it does not mean you must ALWAYS AND FOREVER TIL ETERNITY NO MATTER WHAT be ABSOLUTELY CORRECT AND PERFECT. In fact, you have had a VERY bad spell recently eh, 6 negatives in a go?
So don't shove the "we've never sold a card where the customer said it didn't work" in my face.
I'm not impressed.
I am not accusing you or your reputation of wrongdoings, I am simply asking (very nicely indeed at the beginning) for a resolution to my problem. That is (if you have even read my emails fully in the first place) that the card is scratched badly. This led me to believe it was NOT NEW. And now I gather from your last email that you are simply brushing away my problem by emphasising the word NEW eh?
"send it back to us in the a padded envelope and if it's in the same condition as when we sent it to you, "NEW"
."
One more time, this is the final & absolute last time, so I hope that you will pay attention
The card is scratched - very badly. The hell with the missing case, the hell with the missing proof of purchase and the hell with the late delivery
I dont care, but THE CARD IS SCRATCHED! Please clarify this term for me, by NEW did you mean "new but scratched"? I don't think so, because you (as would any intelligent life-forms) would define new as UNUSED/UNBLEMISHED/IN GOOD WORKING ORDER and most of all UNSCRATCHED!!! So I guess that it is safe to say that no, the card is NOT NEW. And that brings us to the fun part. How on earth do I return you a NEW card when I NEVER received one?!?!?! I've only got a scratched card that hangs my camera! But noooooooooooo
that could NEVER be YOUR card right? The one you sent was NEW and PERFECT right?
Dude, my patience is gone
I told you not to take me for an idiot, and I was sincerely ready to resume communications on a civil and pleasant manner. But all the way you have been playing me for the fool. You know what is the coolest part? I am a copywriter for a major broadcasting network, and you want to mince words with ME? Play around with them a little yah? Corner me with hidden terms and meanings? Bad, BAD move... your bad luck to try and rip me off
Let's take a look at your game plan:
· Auction said: "antistatic plastic case" --- you said sleeve --- but TADA!!! It was a ZIPLOC BAGGIE! We BOTH got it wrong! How silly of us! : )
· Aution says: "This is A top of the line Smartmedia card with full manufacturers 1 year warranty with proof of purchase" --- sorry, not in package
were you keeping it for some REALLY-AWESOME-REASON-THAT NOBODY-CAN-COMPREHEND???
· In response to my question about "why I received a different card from the one in the auction", you replied "the card is better than the one we were selling, which was a generic card manufactured by samsung that is "no longer available" --- WHOOP-DEE-DOO!!! What a superhero you are! Very nice indeed of you to give me a "superior" product, but good luck explaining it to ebay. (Oh, and thank you so much for NOT informing me of the change in plans beforehand, I'm sure that by keeping mum and letting me find out when it reached would be a much nicer surprise!) Ahem
News flash Poweranger, selling items that you DO NOT have on hand is one of THE biggest ebay infringement.
· Item won on March 3rd, DELIVERED on March 17 --- (earlier, I said I wouldn't make an issue about this, but I take that back. This will be included so that everyone who is going to read this can join in the fun.)
· Item came in pathetic protection (other than one layer of bubble wrap). Without sleeve, case, manufacturer box/card, WHATEVER!!! It was totally NAKED, except for abovementioned "laughable Ziploc baggie" ("bag" being too generous a word to use)
· Item scratched --- "Scratched new"? "Scratched used"??? Who knows
all I know is... S C R A T C H E D (please note that the item is a sensitive electronics storage device, thus scratching is a BIG problem
)
· I said I will return it to you if I get a full refund, you sent a mail emphasising that you will provide a refund if I sent you a "NEW" card
--- WOW!!! That sounds like FANTASTIC business!!! You sell me a SCRATCHED & USED memory card, and to get my refund, I'll have to send you a spanking new one!!! HOLY CRAP!!! I want to be your business partner man!!! MARRY ME!!!
You know what? I don't believe that you are truly sincere in resolving this dispute. You have shown all the signs of being an unreasonable, conniving, wheeler-dealer -- who is used to twisting words and getting his way.
And so, I am UNBELIEVABLY pleased to be doing EVERYTHING I can to reveal your underhand business methods to all the proper authorities
Ebay, Paypal, (the Vatican if I must!) and to all the considerable resources available for the prevention of such despicably shady business practices
Yours enthusiastically,
Underwarez