Slab damage?

[Nexus]

Hi all,

 

Sorry for this newbie-ish question. I admit, I am a newbie:)

 

Anyhow, I've been buying lots of CGC comics the last few months. I recently purchased a NICK FURY #1 9.6 on Ebay. The seller was good with communication and has great feedback. So far, so good.

 

The problem was when I got the book. The seller proclaimed in his auction description that he was a great packer. Well, the packing consisted of five wadded-up sheets of newspaper.

 

Also, the slab itself was in poor condition. There are cracks along each edge. The top label is missing. There is sticky residue on the front.

 

Worst yet, the book itself is damaged. The upper part of the back cover is dented and even torn. I believe this is from shifting in the inner well. There is corresponding damage to the front cover as well.

 

To me, this is not a 9.6 book. I would really like to return it. The seller refuses to take it back. He did graciously offer to pay for re-slabbing. However, this does not address damage to the book.

 

The seller claims it is my fault for not paying for insurance. My position is that insurance is irrelevant; the damage was not caused by USPS. The damage to the book either happened before he sent it (and did not disclose in his auction), or it happened due to inadequate packing.

 

I did offer to call CGC and see if the grader's notes reveal any mention of this damage to the book prior to slabbing. If so, I will not pursue this any further because the damage has been noted and taken into account with respect to the grade. If not, then this damag happened after slabbing, and this is not what I paid for.

 

In fairness to the seller, I thought I would ask you veterans if I have a legitimate case. If this is commonplace and no big deal, then I'll drop it.

 

Any insight is appreciated!

 

Nexus

[Norrin_Radd]

Welcome to the Boards!

 

Someone will be with you shortly. Thanks for waiting.

[Ares]

neg him and be done with him..

[Rocketeer]

Did the auction state there are no returns on his books?...if so you don't have anything to go on,...he made a nice gesture to pay the re-slab fee, but if you didn't take insurance and his auction states books are not returnable there is really no way to prove the book was damaged in the shipping process unless the scan indicates otherwise,....

[Warlord]

Welcome to the boards!

 

Nice board name!!

[sterlingcomics]

If the seller made his return policy and insurance offers clear, then suck it up. Did you bother looking at pics of the book in the auction?

 

Welcome to the soap opera called the CGC boards.

[Warlord]

Your attachment doesn't work... I get an error, not an image.

 

Poor packaging is a common problem. Your payment for shipping should get you decent packing. You have to answer the question yourself regarding whether you think the poor packaging allowed the slab to get cracked and other damage to occur to the comic. If the packaging allowed damage to occur, the seller should take some responsibility.

 

Given that the auction stated you'd get great packaging, and you didn't get it, I'd say neg the seller for poor packaging and undisclosed slab problems and move on.

[Rocketeer]

..I'm assuming this was the auction,....

 

likleydinkleydoo

[toro]

Here is the Auction.

 

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=75&item=6536084072&rd=1&ssPageName=WDVW

 

What the heck was that stuff on the front? On a $400 book I would have bought insurance. But that's just me. Welcome to the boards, sorry to hear of your problem. Are the posts broken and do you suspect he may have switched books? Then you have a case against him.

[Rocketeer]

...in all fairness the seller never stated he packed well,...it says he packs like a Gorilla,....c'mon now,...have you ever seen a gorilla wrap a package,...they are not very dextrous,..and besides that they tend to throw their own poop,...

 

...however I do agree with you that newspaper is not proper packing material for a slab...it doesn't give enuf absorption for shock and abuse,...did the damage occur during shipping?...probably so, but that's what insurance is for,...his auction is clear and precise,....I don't think he deserves a neg for using newspaper,....a neutral at worst......

[CW]

That sucks. Sorry to hear you had a bad experience. This is one of the risks involved with ebay.

[Nexus]

Thanks for the input so far.

 

Yeah, I didn't realize he meant he LITERALLY packed like a gorilla. But as far as dexterity, they do have opposable thumbs and could just as easily used some bubble wrap or packing peanuts. Like many other sellers I deal with do.

 

I forgot to mention that I'm a Power Seller (not comics, but collectibles) under a different ID. Right or wrong (and I've learned this the hard way), the burden for proof of shipping, insurance, delivery confirmation, etc. is on the SELLER, not the buyer. This is according to both Ebay and PayPal. So if I wanted to make a claim on PayPal, the fact that his auction states that insurance is optional, is irrelevant. If the buyer receives a damaged product, PayPal will usually rule in favor of the buyer, regardless of any insurance purchased.

 

Besides, in this case, any insurance claim would be tantamount to fraud. USPS did not cause the damage. So why should they be liable? Any insurance claim with USPS (and again, this was learned the hard way) would require turning over the damaged goods AND the package it was sent it. In this case, the box was a USPS Priority Mail box. It got to me in fine shape. Any damage that might have occured during shipping was due to shoddy packing, not with anything USPS did out of the ordinary. They'd just deny the claim.

 

So I could very easily get PayPal involved (and most likely win). But I'm not trying to be a . I just want what's fair.

 

So far, it looks like folks here are more or less siding with the seller. Although, I know Rocketeer is a big seller (bought some books from you!), so his is not entirely an unbiased opinion:)

 

Nexus

 

P.S. To Toro: two of four posts are broken, but I don't believe he switched out the book. The slab is in terrible shape, though, and he should have disclosed it.

[Rocketeer]

So far, it looks like folks here are more or less siding with the seller. Although, I know Rocketeer is a big seller (bought some books from you!), so his is not entirely an unbiased opinion

 

...Look at Rocketeer's feedback,...I'm just as big a buyer as a seller,...it's not that I'm siding with the seller here or even disputing the fact that the damage was a result of the improper packing,....the fact is that you have to be responsible for your actions,...the seller has a very precise explanation of what he covers and what he doesn't and explicitly states that he is not responsible for damage on uninsured packages and encourages you to take insurance,....even the best packed packages are subject to damage if not handled properly,...I myself have had packages damaged from them resulting in cracked cases both as a buyer and as a seller, and I think I pack pretty darn well.....the USPS does a very good job at what they do but packages get mishandled from time to time and damage will occur whether the package is packed properly or not....again i agree with you that newspaper is not an acceptable packing material,...however I don't think this seller tried to take advantage of you in any way.....If this was my sale I would probably offer a refund or a $15.00 credit,..but that is me I don't have a "no return" policy....

[DawgPhan]

Hi all,

 

Sorry for this newbie-ish question. I admit, I am a newbie:)

 

Anyhow, I've been buying lots of CGC comics the last few months. I recently purchased a NICK FURY #1 9.6 on Ebay. The seller was good with communication and has great feedback. So far, so good.

 

The problem was when I got the book. The seller proclaimed in his auction description that he was a great packer. Well, the packing consisted of five wadded-up sheets of newspaper.

 

Also, the slab itself was in poor condition. There are cracks along each edge. The top label is missing. There is sticky residue on the front.

 

Worst yet, the book itself is damaged. The upper part of the back cover is dented and even torn. I believe this is from shifting in the inner well. There is corresponding damage to the front cover as well.

 

To me, this is not a 9.6 book. I would really like to return it. The seller refuses to take it back. He did graciously offer to pay for re-slabbing. However, this does not address damage to the book.

 

The seller claims it is my fault for not paying for insurance. My position is that insurance is irrelevant; the damage was not caused by USPS. The damage to the book either happened before he sent it (and did not disclose in his auction), or it happened due to inadequate packing.

 

I did offer to call CGC and see if the grader's notes reveal any mention of this damage to the book prior to slabbing. If so, I will not pursue this any further because the damage has been noted and taken into account with respect to the grade. If not, then this damag happened after slabbing, and this is not what I paid for.

 

In fairness to the seller, I thought I would ask you veterans if I have a legitimate case. If this is commonplace and no big deal, then I'll drop it.

 

Any insight is appreciated!

 

Nexus

 

You did pay with a credit card right? Call you card company and freeze the charge...then send him the book back with delivery confirmation and what not....then neg his [#@$%!!!]...If you dont neg him, dont bother coming on here and complaining about it...you have to neg this dirtbag...

[DawgPhan]

...in all fairness the seller never stated he packed well,...it says he packs like a Gorilla,....c'mon now,...have you ever seen a gorilla wrap a package,...they are not very dextrous,..and besides that they tend to throw their own poop,...

 

...however I do agree with you that newspaper is not proper packing material for a slab...it doesn't give enuf absorption for shock and abuse,...did the damage occur during shipping?...probably so, but that's what insurance is for,...his auction is clear and precise,....I don't think he deserves a neg for using newspaper,....a neutral at worst......

 

nope never give anyone a neutral...if you are unhappy enough about the auction to post on here you neg the fool...

[comicworm]

I will say this: if he could not pack the book properly he should not have sold it at all. He should pay for reslabbing. If it comes back at a lower grade then you should not be forced to buy it. CGC books should not be returnable due to third party grading. I must say-if you want to return a CGC graded book because you don't agree with the grade, what is the point in getting it graded in the first place??

[DawgPhan]

Thanks for the input so far.

 

Yeah, I didn't realize he meant he LITERALLY packed like a gorilla. But as far as dexterity, they do have opposable thumbs and could just as easily used some bubble wrap or packing peanuts. Like many other sellers I deal with do.

 

I forgot to mention that I'm a Power Seller (not comics, but collectibles) under a different ID. Right or wrong (and I've learned this the hard way), the burden for proof of shipping, insurance, delivery confirmation, etc. is on the SELLER, not the buyer. This is according to both Ebay and PayPal. So if I wanted to make a claim on PayPal, the fact that his auction states that insurance is optional, is irrelevant. If the buyer receives a damaged product, PayPal will usually rule in favor of the buyer, regardless of any insurance purchased.

 

Besides, in this case, any insurance claim would be tantamount to fraud. USPS did not cause the damage. So why should they be liable? Any insurance claim with USPS (and again, this was learned the hard way) would require turning over the damaged goods AND the package it was sent it. In this case, the box was a USPS Priority Mail box. It got to me in fine shape. Any damage that might have occured during shipping was due to shoddy packing, not with anything USPS did out of the ordinary. They'd just deny the claim.

 

So I could very easily get PayPal involved (and most likely win). But I'm not trying to be a . I just want what's fair.

 

So far, it looks like folks here are more or less siding with the seller. Although, I know Rocketeer is a big seller (bought some books from you!), so his is not entirely an unbiased opinion:)

 

Nexus

 

P.S. To Toro: two of four posts are broken, but I don't believe he switched out the book. The slab is in terrible shape, though, and he should have disclosed it.

 

Dude be a ...dont get dicked...freeze the charge...file a claim with paypal and get your damn money back..then neg this dirtbag...simple...I dont want to hear about it, if you dont do those things...look he doesnt want to work it out...he is probably to stupid to have your money if he thinks that a little wadded newspaper is enough packing for a $400 comic...neg him and dont pay...

[Food-Eater Lad-migration]

Nexus, don't listen to DawgPhan, it sounds like he'd go too soft on him. If I were you, I'd send this guy a stern email and tell him he's not a nice person and that you don't appreciate his business practices. Then, I'd punch a pillow several times while pretending it's him. This may sound a bit harsh, but I think he deserves it.

[burntboy]

...in all fairness the seller never stated he packed well,...it says he packs like a Gorilla,....c'mon now,...have you ever seen a gorilla wrap a package,...they are not very dextrous,..and besides that they tend to throw their own poop,...

 

...however I do agree with you that newspaper is not proper packing material for a slab...it doesn't give enuf absorption for shock and abuse,...did the damage occur during shipping?...probably so, but that's what insurance is for,...his auction is clear and precise,....I don't think he deserves a neg for using newspaper,....a neutral at worst......

 

nope never give anyone a neutral...if you are unhappy enough about the auction to post on here you neg the fool...

 

despite a no return policy that is stated in the auction, IMHO the PURPOSE of that policy is to avoid squabbles over grading (due to 3d party involvement), not to protect the seller from legitimate complaints about the merchandise.

 

with the book damaged, the top label missing, 2 posts cracked, and sticky [#@$%!!!] on the front of the slab AND poor interior packing, i'd get Paypal involved immediately and Neg his arse if he won't cooperate. since the outter package seems to be in decent shape, it seems unlikely that the posts would have been broken during shipping. unfortunately, the book may have been damaged during shipping and the skimpy packaging may have contributed to that.

 

a seller with this much activity and positive feedback should be willing to take the book back or work something else out.

 

for feedback how about something like; "gorilla packing" - NO, more like - "packed by a gorilla"........good luck...............

[Rocketeer]

despite a no return policy that is stated in the auction, IMHO the PURPOSE of that policy is to avoid squabbles over grading (due to 3d party involvement), not to protect the seller from legitimate complaints about the merchandise.

 

...One last thing and then I'll shut up,..cause unfortunately this is situation caught between a legal issue and a moral issue,...having worked for many years at American Express, I know without a doubt, that while they will temporarily reverse charges on a credit card if you dispute the charge , they will upon completion of the investigation put the charges back if the merchant has a disclosure posted in his store, on his receipt, or in his ad that states that he does not take returns,...that is his legal choice and no 3rd party (e.g. credit card company) can make him conduct his business otherwise,...by posting he does not take returns in his E-bay description he has legally disclosed his policy and you as the consumer have the choice to accept it and make the purchase or not........it's just like the disclosure on the back of a sports event ticket (take a look next time you go), that says in so many words that if you get hit in the head with a puck or a ball that you can not sue them,...they have legally disclosed this and therefore they are not responsible,...you voluntarily "assume the risk",......again I am sorry this happened...and I don't agree with the seller's return policy,...but from a legal standpoint there isn't much you can do about it