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Discussion Starter · #1 ·
I bought an adapter off of "jackyk" last week, but when I received it, it was the wrong item. He said he didn't know, so I asked him for a refund. He wouldn't give me one and told me to just resell it. I asked for $5 in compensation for his mistake and the inconvenience of me having to resell the wrong item he gave me. He wouldn't comply and stated this...

"I'm sorry, I can't refund you. If I have to pay you $5 for the trouble of finding another buyer, shouldn't I have gotten $5 for finding you and another $5 for the hassle of refunding?

You should have made sure it was the correct adapter. Take it as a learning experience. I've been scammed out of a lot more before. You still got an item for your money which you can sell off again. Take care and good luck"

That's a load of BS as it's his fault for sending the wrong item.
 

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Discussion Starter · #3 ·

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It was an honoust mistake. I just assumed it was DVI... they look the exact same. It's not like I sent you an extension chord and advertised it as an Apple mini DVI to VGA adapter.

And I also told you, I am about to move so I don't want to have mail get sent to my previous apartment and have the adapter lost and my money. Moreover, I'm also in the middle of exams (which I have to go to in half an hour). So, yes, I sincerely do apologize, I had no intentions of taking your money or sending you something completely different. But giving a refund at this time doesn't seem reasonable over something this insignificant. That's why I suggested that you sell it now, to get the money back instead of waiting till I can do anything.
 

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So let's see, you sell an item, send the guy the wrong one and them tell him to go stuff it, sell it to someone else to recover the money spent?

Whether you want to or not my friend you are legally obligated to refund his money, you advertised a specific item but failed to send the correct one. That is consumer fraud.
 

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jackyk said:
It was an honoust mistake. I just assumed it was DVI... they look the exact same. It's not like I sent you an extension chord and advertised it as an Apple mini DVI to VGA adapter.

And I also told you, I am about to move so I don't want to have mail get sent to my previous apartment and have the adapter lost and my money. Moreover, I'm also in the middle of exams (which I have to go to in half an hour). So, yes, I sincerely do apologize, I had no intentions of taking your money or sending you something completely different. But giving a refund at this time doesn't seem reasonable over something this insignificant. That's why I suggested that you sell it now, to get the money back instead of waiting till I can do anything.
You may find it more 'reasonable' to refund your buyer if your buyer threatens legal action against you for scamming him of the product he paid you for, which you subsequently failed to deliver. I'm sorry, but your excuse for not wanting to refund him is pretty shallow. You will lose your trust-worthy trades reputation if you insist on having your buyer 'shove it.' Is that really the better option?
 

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jackyk said:
It was an honoust mistake.
Right, and it was your mistake. Honest or not, you misrepresented the item, you have the money and the buyer has nothing. Your mistake, you pay the consequences.

Once principle of contract law is that the remedy should either complete the contract or put the aggrieved party back in the position they were before the contract was entered into. That would mean you either

1) deliver the correct goods you contracted to, or
2) refund the money AND pay for the return shipping.

If the postage and everything is too much for you to handle, then refund the money and tell the buyer to not bother sending it back.
 

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Yeeesh! Some people seem to be completely lacking in common sense. If you sell somebody something and it doesn't work, then you ask him to return it and give the guy his money back. End of story.
 

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jackyk said:
It was an honoust mistake. I just assumed it was DVI... they look the exact same. It's not like I sent you an extension chord and advertised it as an Apple mini DVI to VGA adapter.

And I also told you, I am about to move so I don't want to have mail get sent to my previous apartment and have the adapter lost and my money. Moreover, I'm also in the middle of exams (which I have to go to in half an hour). So, yes, I sincerely do apologize, I had no intentions of taking your money or sending you something completely different. But giving a refund at this time doesn't seem reasonable over something this insignificant. That's why I suggested that you sell it now, to get the money back instead of waiting till I can do anything.

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I suggest you do the right thing as soon as possible.
 

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Discussion Starter · #11 ·
jackyk said:
It was an honoust mistake. I just assumed it was DVI... they look the exact same. It's not like I sent you an extension chord and advertised it as an Apple mini DVI to VGA adapter.

And I also told you, I am about to move so I don't want to have mail get sent to my previous apartment and have the adapter lost and my money. Moreover, I'm also in the middle of exams (which I have to go to in half an hour). So, yes, I sincerely do apologize, I had no intentions of taking your money or sending you something completely different. But giving a refund at this time doesn't seem reasonable over something this insignificant. That's why I suggested that you sell it now, to get the money back instead of waiting till I can do anything.
I'm not pointing you out that you made a mistake. It's that you didn't own up to it and now I have lost $20 and have an adapter I have no use for. If it's so insignificant to you then give my money back and I'll give your adapter back.

And PS: mini-vga to vga adapters usually sell for less on forums than mini-dvi to vga.
 

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And another PS: Mini-DVI adapters do NOT look like Mini-VGA ones.
 

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This is really messed up. You need to straighten this out and give this guy his money back, what you've done and what you are suggesting is completely irresponsible. Ask him to sell it to someone else? That's completely out of the question in terms of fairness. Refund his money!
 

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Discussion Starter · #15 · (Edited)
We're discussing it over email right now so hopefully this ends smoothly. It isn't a large chunk of money but it is still money that I don't have the luxury to throw around (poor student!).

Thanks everyone, I'll update you on what happens.

UPDATE: Issue has been resolved. Thanks.
 
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