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Nominating DavidtheDavid
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Started by Mxwll Smrt,

318 posts in this topic

joeypost

joeypost

Posted
Posted (edited)
1 hour ago, Bomber-Bob said:

Joey, these are excellent questions. I see where you are going with this. If the book has any freedom of movement, even inside the mylar, a resulting dent can occur. Often without any obvious damage to the shipping box. Just a little room to slide is all it takes.

Some think that because a book is between cardboard and wrapped tightly in bubble wrap and then boxed up it cannot sustain SCS. Books can, but a book that is B&B'd, and then further protected by a sleeve and another board is less likely to sustain damage.

Edited by joeypost
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vaillant

vaillant

Posted
Posted
1 hour ago, RockMyAmadeus said:

What does someone's status as a "professional" or "non-professional" have to do with anything?

Is a doctor always right because he has a few degrees on the wall?

Is a patient always wrong because he doesn't?

Common sense is still common sense, and blaming the discussion doesn't render common sense invalid.

I agree. I find a bit offensive for these which genuinely tried to give advice to cast them aside as "non-professionals" which – basically – should have "minded their own business"?
David/James, if you just stated plainly your position, Maxwll – even if he said he "did not want a response" and seemingly wasn’t willing to talk, could have calmed down. Did you think about this?

59 minutes ago, RockMyAmadeus said:

Sometimes, people need time to cool off. Sometimes, when they get that time, they do cool off, and things can be resolved without further escalation.

That is exactly my point.

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Red84

Red84

Posted
Posted

To those of you claiming DavidTheDavid should have just stepped away and let Mxwell Smart cool off, how many of you would have backed away when accused of intentionally defrauding someone?  Ridiculous.  This is one of those situations without a good solution.  Seller does not believe he caused the damage and Buyer does not believe he caused the damage.  Who caused the damage is the crux of the dispute and that information is unknowable.  The proposed idea of selling the book and splitting the difference is the most sound solution.  Most of the accusations and suggestions made are just noise from which no one here is benefiting.  

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revat

revat

Posted
Posted
37 minutes ago, Red84 said:

To those of you claiming DavidTheDavid should have just stepped away and let Mxwell Smart cool off, how many of you would have backed away when accused of intentionally defrauding someone?  Ridiculous.  This is one of those situations without a good solution.  Seller does not believe he caused the damage and Buyer does not believe he caused the damage.  Who caused the damage is the crux of the dispute and that information is unknowable.  The proposed idea of selling the book and splitting the difference is the most sound solution.  Most of the accusations and suggestions made are just noise from which no one here is benefiting.  

seller returns half the money to buyer and the book is auctioned off with ALL of the proceeds going to charity? (assuming they can agree on a charity?)

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vaillant

vaillant

Posted
Posted
40 minutes ago, Red84 said:

To those of you claiming DavidTheDavid should have just stepped away and let Mxwell Smart cool off, how many of you would have backed away when accused of intentionally defrauding someone?  Ridiculous.  This is one of those situations without a good solution.  Seller does not believe he caused the damage and Buyer does not believe he caused the damage.  Who caused the damage is the crux of the dispute and that information is unknowable.  The proposed idea of selling the book and splitting the difference is the most sound solution.  Most of the accusations and suggestions made are just noise from which no one here is benefiting.  

You are just being arrogant.

Ridiculous? I’d say not. Ever heard of Jesus Christ?

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wombat

wombat

Posted
Posted
3 hours ago, RockMyAmadeus said:

 

Opening a Paypal dispute before the seller has even received the book back...provoked or not...is a bad faith move. It assumes bad faith on the part of the seller, who has already demonstrated a measure of good faith.

 

Didn't the seller accuse the buyer of fraud? With good faith like that..........

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fmaz

fmaz

Posted
Posted
3 hours ago, RockMyAmadeus said:

I understand this (and thank you for the explanation!) but...if we're going to get bogged down in the legal weeds of who said what, when, where, and how, at what point does "gentlemen's agreement" come into play? 

As it stands, in this "accept all returns, no matter what" online mercantile environment we're in, it would look like bad faith to deny at least a return to assess damage, which is what the seller did.

I understand that the seller should not have accepted the return to preserve his rights, but the seller DID say that he would have to "see the book up close to respond to the damage you've mentioned." In other words: the seller put conditions on acceptance of the return, if not the return itself.

It wasn't a return without conditions, and therefore not an unconditional return. 

Therefore, since it wasn't an unconditional return, I don't see how it could override the buyer's negligence in...and I know there's a legal term or phrase here that I'm forgetting..."proactively approving the condition upon receipt." And, in that case, I don't see how the seller has given up his right of refusal of a "full refund return" under these circumstances.

I wonder if landlord/tenant law might apply here...that is, if a tenant accepts a place as it is, without informing the landlord of damage upon move-in, that the tenant may even be liable for those issues, because there's no way to prove who actually did the damage after a reasonable amount of "inspection time." 

Just wondering out loud, here, so it may not be applicable.

 

 

From a stictly legal perspective, there's a big difference between the real estate & personal property transactions... mostly because of the the way they are finalized.   But also because state law has been very carefully codified on the former to handle each type of damage.  The latter (our current situation here) is trickier.

In real estate, damage done after a closing all falls on the buyer except for : 1) current damange that was hidden by the seller, or 2) damage that would inevitably occur but had yet to, of which the seller was also aware (latent damage).  As you can image, #2 is difficult to prove.

In personal property cases, it's normally just express or implied warranty that we've all either signed or ignored with items... you're supposed to refuse delivery or return an item within a set amount of time, as a buyer.   I am unaware of the laws of online commerce as they relate to sellers and returns so I cannot comment on that part, other than to say that if the buyer was within his rights to execute a return, the seller's act would not have been determinative. 

 

 

 

 

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DavidTheDavid

DavidTheDavid

Posted
Posted
2 hours ago, vaillant said:

I agree. I find a bit offensive for these which genuinely tried to give advice to cast them aside as "non-professionals" which – basically – should have "minded their own business"?
David/James, if you just stated plainly your position, Maxwll – even if he said he "did not want a response" and seemingly wasn’t willing to talk, could have calmed down. Did you think about this?

That is exactly my point.

Claudio, I respect you and always will, and appreciate your intent, but you have to examine your owns posts, and those of some others, as somewhat sanctimonious.

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Bomber-Bob

Bomber-Bob

Posted
Posted
1 hour ago, revat said:

seller returns half the money to buyer and the book is auctioned off with ALL of the proceeds going to charity? (assuming they can agree on a charity?)

Who gets the tax deduction ?

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comix4fun

comix4fun

Posted
Posted
1 hour ago, vaillant said:

Ever heard of Jesus Christ?

Absolutely, for the first 7 years of my life I was convinced my name was "Jesus Christ!" or alternatively "GOD DAMMIT!!" 

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thehumantorch

thehumantorch

Posted
Posted
7 hours ago, telerites said:

Unfortunately this thread has become nothing more than entertainment for the rest of the board (which includes me).  I, along with many others, continue to say the same thing regarding the poor initial responses from both parties and neither accepting the possibility of blame (as the damage either occurred while in the possession of the seller, or the buyer, or less likely but still possible while in transit).   It is possible that neither the buyer nor the seller knows they caused the damage, but it also possible that either party knows they created the damage and are now not being forthcoming.  

Why can everyone but two interested parties realize that - is it some misguided bravado, intention to deceive, remorse, etc.?  For whatever reason, please don't mind the spectators here and on with the show - the admission was free, popcorn and drinks are available, and the entertainment is most enjoyable.

The above expressed as my own opinion, of course.  

Because they have something to lose.

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CAHokie

CAHokie

Posted
Posted

Maxwell, may I ask what you did to get a Police Detective to promise to respond and watch you open your book?  This is highly irregular as they have actual crimes to solve and not worry about the creased corner of a comic book.  Especially for a case that is a textbook civil matter.  Did you file a crime report and if so what is the crime you accused David of doing?

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flikhype

flikhype

Posted
Posted
On 6/27/2017 at 2:57 AM, fmaz said:

I do have a law degree...

 

I'm quoting this just in case you fellas missed it and require some proper legal advice.  :p

but jokes aside, with all statements provided, both side of claims seem legit. All of us as outsiders and not being there when the event took place, really cannot call for who is right or wrong. Unless one of us has an eye over the book from point A to point B and could pin point where exactly went wrong.

Like to highlight again that one of the suggestions to sell it on a neutral platform and split the difference (or the entire book sale) would be a good idea to resolve this case, since either party would not want to keep the book. Instead of having this go on and then one party would be forced to foot the bill and with the anger penned up within....it's bad for the blood pressure.

Just sharing. I had somewhat a similar unsolvable case years back. Bought a low grade Action Comics from a rather reputable seller here. Promised at least a 2.0 or 3.0. Had him sent direct to another trusted boardie to help me with CGC sub because that first seller wouldn't do it. Came back a 0.5 missing 3 pages incomplete. I notified first seller once, and he replied "Oh? That shouldn't be." and that's it. I decided not to pursue. No point. There were too many loopholes. And it was me who chose to buy, chose the mailing option, chose the handler. I can only chose to accept in the end.

I've spoke to one of you before, really nice and understanding chap. Hope all these could be resolved in a calm manner. (thumbsu

 

 

 

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