Opinion on Suitable Resolution

DNK

DNK

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Nov 5, 2010
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Here's the scenario. I purchased a holster on gunbroker. New in the unopened package, US Gov Issue. When I opened it, the thumbstrap was missing. The ad online obviously showed a thumbstrap. I emailed the seller and asked if he had another one he could send. He replies (after a week) as follows:

"this was a sealed package, I have no control on what was inside, This was a US govt contract item! sorry I do not have another one. I can only accept a return if it is left unsealed, once opened I can not accept it."

I understand it that this wasn't really either person's fault. However, I did not get what was advertised or what I expected. I'm sure he also didn't expect to send me an incomplete item. He has stated that he won't accept a return of the item. Is a partial refund of the purchase price reasonable? How would you determine what that amount should be?

Thoughts?
 
I would say one of two ways - and you've already alluded to them.

1. You return it, they refund your money - maybe they didn't know; but, they sold it an represented it a complete and new - not your fault.

2. If you still want; give them a revised price (due to condition) - if they agree > then appropriate refund is sent and it's done.
I they don't like that number > see #1 above
 
Huh? So if you guy to Best Buy and buy that big plasma T.V.you wanted and you get it home and find out that they forgot to put a screen in it, does BB tell you "sorry that's the way it came in the box."

Of course not. This guy is responsible for selling you an item as advertised period, hiding behind the "that's the way it came" excuse is not just lame it's unreasonable and probably criminal.

If you want to go the partial refund route you can, but you are under no obligation. He is, however, under obligation to send you a full refund if you ask for it. If he was decent he would pay your shipping costs too... I wouldn't hold my breath considering his attitude.
 
if you used pay-pal , file a dispute , they are on the customer side . If you used a cc. file a dispute . PERIOD
 
I agree with oNeil- however I’d be curious how it was advertized. Exceptions might be like “Due to the low price – sold as is no refunds” or something up front like this. Does not sound like it and the seller has not responded showing any concern.
 
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