The Yak Shack Forum

here is an auction someone might like
and the card looks interesting too
http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=219&item=6162933423&rd=1

Thats a very nice card. Where do you think the swatch piece came from? I'm thinking the wing off of the face. Know that I look at it it looks like one of the faces cheeks

It does look like a wing...im considering it cos the price isnt too bad..opinions?

i put it there because it is a nice variant and the price is good and I was hoping  someone from the yak shack would like it

It's been bought!  Congratulations Trey! ;D

Sorry guys, i grabbed it a couple of minutes ago before I read this post  :( hope no one else was going for it.

It is nice though, and better than the plain orange swatches too  ;D

congradulations trey  ;D

i just hit the BIN button and whoops too late  :o ah well...Id prefer to spend my money on the gryffindor/slytherin ties and pink sweater..

Hey, congrats Trey. At least its going to a fellow Aussie!

Dont feel bad Trey if its a card no one else has bought buy it!!!

ohhh sorry   :(

It was just lucky that I was looking at the filmcard that they also have for sale and I did a search on his store. The filmcard is at

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=219&item=6162282412 (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=219&item=6162282412)

It is pretty cheap and looks like it has dumbledore in the frame but i was a bit wary about it cause with those power-sellers you sometimes just get any old filmcard and not necessarily the one in the pic.

no worries, Ill just have to beat you to a Legolas auto to make up for it  ;D Its not actually a card I really want anyway...Im still after the wanted poster plus the other three I mentioned above....

I hate when people post that on EBay. "This may not be the card you received  ::)" its not very professional (not to mention nice). The cell looks like the scene when Snape burst into DADD

Snape?? I thought it was dumbledore, I can see a white bit which I thought was his beard....or not, it is so hard to tell.

I dont think I will get it cause I dont want one that he sends me, I want to bid on a specific one....oh well

Well, I hope you find a good one, and from some one who sends the RIGHT one to you.

here is another auction you might want to check out
http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=219&item=6162944793&rd=1
checkthe numbers

Is that the right price ??? . Just because its the last number does it mean its a varient?

I have these cells in a filmcard.  Mike is right, It's definitely Snape walking through the doorway of the DADA classroom. :)

You can tell because of the door way

oh yea its a door way!! how silly am i? hehe

the price guide show that that is an inbetween price for that card

Now, now - there should be no fighting over FOTR Leggys on this forum kids ;)

muah ha ha I want a LEGGY AUTO.........sorry got carried away a little ;)

Would you guys consider the Fizzing Whizbee's I just got a Varient...I just think it is cool cause it is not like the plain orange ones. But it is not as good as the coloured ones though.

i think it is variant because it is differant from the plain ones

Its definately a variant, plus its quite interesting.  Looks like a cloudy face almost.

Sorry, but the next leggy auto is all mine  :P

Hey thanks!!!

Well I am very disappointed in this!!! I received the card that this thread was about (see below auction)

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=219&item=6162933423&rd=1 (http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=219&item=6162933423&rd=1)

and the card that I received was not the one in the picture for the auction, it was just a plain orange swatch....what should I do??? Im pretty peeved off about this actually cause the only reason I brought it was due to the interesting swatch and now I am stuck with a plain orange one.

AAAHHHHHHHHHHH

On a lighter note I received my Peter Best auto from Tomunique and he included a pack of elvis cards and heaps of promos including 2 HP SS promos which look great  :D

I would contact the seller and find out what is going on there

I have bought one of those autos from Tom too he does a great service fast and friendly He is such a good seller (just like me  ;) )

Personally I think you should say something.

This wasn't cheap for a plain orange one and it is a big ebay dealer you bought off of.

On a slightly 'downer' note, I have taken to asking all dealers if the card shown is the actual one I would receive.  It is scary how many say no, especially when they are showing a variant.  I have even seen my divination card for sale when I know it is safe and sound in my album!

Trey,
Does the card you have match the number in the description? If not then surely you are entitled to return it as it is "significantly not as described"
If it does match and its different to the picture then the seller should have made it clear that the card pictured was not the one for sale. Dont know if you'd have grounds to return it though. ???

The card i got with the orange swatch was the same number as he said in the auction. I think it is just a plain rip-off to put a pic in the auction that is different from the card, well fair enough if it was a pic of a plain orange swatch, but not something that is significantly different!! I think I will email the seller and try to put it nicely, im a bit peeved at the moment  >:(

Well, here's what ebay have to say from their policy:

eBay's Item Not Received or Significantly Not as Described policy requires sellers to deliver items they have sold on eBay and have received payment for. Sellers who fail to deliver items to buyers, or who deliver items which are "significantly not as described", may face possible account restriction and suspension. An item is considered "significantly not as described" if the seller clearly misrepresents the item in a way that directly affects its value or usability. In some cases, eBay will also contact and cooperate with law enforcement authorities to penalise fraudulent sellers.

I think reading that you have fairly good grounds to complain, though how far you get is a diffrent matter.... ::)

Id be doing some complaining! Im really sorry that happened to you!  Maybe wait till your not so peeved, then start asking questions...

Kate

This is what I have down. Let me know what you think and if I am leaving anything out cause I have never had this problem before so I dont quite know how to put it.


Hi Non-sportman,

I have received my Harry Potter Update Fizzing Whizbee’s card today (auction number 6162933423) and I was very disappointed. The card I received was not the card that was pictured in the action. I received the card 291/430 but it was only a plain orange swatch, it was not the orange and white swatch that was shown in the auction.

The auction featured the picture and then stated “THIS IS A MINT HARRY POTTER AND THE PRISONER OF AZKABAN UPDATE FIZZING WHIZZBEES PROP CARD 291/430.” It appears that you have sent me the incorrect card and I would like the card that I paid for that was pictured in the auction. Please let me know how you would like to proceed.

Tracey

Seems fair enough to me. Good luck!! :)

Sounds good, straight to the point but not angry.  I had a problem a bit like this last week, where I was overcharged for something, just said I wasnt happy and wanted the problem fixed asap, and they have refunded me more than they owed me...

Good luck  :)

I've seen auctions with a little hint that the picture shows only an example of the card and not the exact card. This isn't already 100 % fair. But without any hint it's absolutely not acceptable. I hope it was only a mistake and the seller corrects it.

Like everyone has said, the use of unrepresentative swatches sucks :P

But this seller is a big dealer, and its more than likely that they have a bunch of these cards and could not be bothered to scan them all in. Objectively, the auction does not state that your eceive the card shown, so officially, they are not obligated to do anything - after all they said nothing about you receiving the card pictured AND you did get the card number described in the auction. So officially, they HAVE played by the rules.

The onus is on them to sort this out... whether they are fair or not. I am pretty sure that they would have sold that one already, given my past experience. Hope you get the 'real' one!

It is awful, I hate it when they do that. I had one like that but luckily we noticed before they sent it (and I paid) and questioned it and I did actually get the card in picture, so they still had it about.

Hope you get it sorted I know mine gave me sleepless nights.

Yea I see what you are saying but they state in the auction "This is a mint card...blah blah" and state the number of the card. It sounds to me like they are saying that 'this card pictured is number ...' that is the way i read it. But yea I do know what you are saying, they did not say that I would recieve the card shown.

Still though... I can understand how most people would interpret it as that they WOULD get the card shown, veeeeeeeery cleverly worded!

Hopefully they will understand - let us know how it goes!

But if the intention of the seller was that you think, you get this special card in the picture (and i would have thought the same), it's a shame. This is dishonorable.

Did you see these auction?

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=219&item=6165567763&rd=1

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=219&item=6161945212&rd=1

WOW  :o

That's a bunch of PHOOEY. I wonder how this seller is gonna deal with some upset card buyers. Keep us posted!

hi, about the fizzing card... some time back there was a fizzing variant card on ebay from seller mpc... and the swatch was almost a full face... so its impossible that the card you bought could contain a part of the cheeck... size of the swatch is to big for just a cheeck...
I also think that the card is a regular fizzing card with the reflection of some sort of camera flash... which could give this result...

oh.. by the way... the variant sold for 370 USD.... nice

I think, we can be sure now that it wasn't a mistake from the seller, he uses always the same picture without any hint.  :'(  It's a shame.

I don't think it looks like a reflection - more like an actual fuzzy swatch. But the seller really should state that he is not selling the card he has on the auction - it really is unfair. I mean, I don't care how big a business it, an extra sentence of 'Card pictured is representative of the card you are going to get' or something like that is not THAT difficult :P

Correct .... card on picture in auction is the card being sold ... should be anyway... reality is that lots of sellers are lazy and don't like the extra work...

thats making live even harder... next to my worries how to pay for all the cards i like to buy...  ???

Three auctions which used the same photo on the listings does not bode well I'm afraid. :-[
By all means send the email you've written but be prepared to get 'dirty' if they refuse to do something about this sale.
I think you'd be safer just asking for your money back as it's highly unlikely that they have that particular card to send to you.
Before it gets that far, why don't you politely ask them to send you a scan of the card you've bought because you wanted to check the colour on the swatch and once you've seen it then kick up a fuss!! The only downside to this is if they are such big a seller then you might not get a response. ::)

I can guarantee you won't be the only person who is disappointed with their card when they receive it. :-\

Oh yes, i totally agree.  >:(

But Trey has already received it, so it means alot of to-ing and fro-ing which is always a pain in the backside :P I'd ask for my money back and be done with it UNLESS they could send you out the card in the picture or a similar nice variant!

Yea i totally agree, very cleaverly worded, and obviously he has been doing this for a while. I hadnt seen the other auctions. This is just plain rude really and I wont stand for it. If he wont give me my money back then I am putting in a complaint to ebay straight away, and I will show them the other auctions as well!! Thanks for that Tower. It just annoys me and he has obviously deliberately worded the auction like that so that people would think that you get that card....  >:(

hmmmm ....
good luck on getting a response from him then, as he's not always very good at emailing people.
I've dealt with him on several occasions and had to have the patience of a saint on a few of them because he was soooooooo slooooooow at replying. :-\
Threaten to send over a kangaroo to box him about the ears if he doesn't get his finger out and sort it for you asap!! ;) :P

Thanks for the support too everyone  :-* I would go crazy with out you all helping me. And at least some people agree with me so I dont feel so stupid.

That's what friends are for and it's a pleasure to help!! :-* ;D

Ha ha ha


Hey if I do end up making a complaint to ebay, should I make it to ebay australia or ebay US???

I had this happen to me one other time ages ago but it was a bit worse cause I paid for a TT Gandalf costume card and it arrived bent. It could not have been bent in the post cause it was in a top loader and cardboard, both of which showed no signs of a bend. So it must have been like that before he sent it and he failed to mention this in the auction. Cause it wasnt valued over AU$50 ebay australia wouldnt do anything about it. Then another person emailed me a month later to say the same thing happened to him with a LOTR card too.....

Dodgy sellers just annoy me. I have dealt with non-sportman before and I have always received good cards in good condition so I guess that is why I just brought it so quick cause I thought there would be no probs with him.

What about to both - is that possible? Double your chances of a response!

Dodgy sellers... don't get me started >:( >:( >:( I have been ripped off once and taken a merry dance by another - that transaction took about 3 months, including Paypal, Square trade and credit card company transactions. At least I got my item though, soon afterwards, the seller was inundated with a pile of negatives from people who had been ripped off for items $300+ and was subsequently deregistered. :P

And of course we are here to help... its likely that all of us will need a shoulder to cry on someday ;)

If a seller includes a picture with the auction, that means they are selling the actual item pictured UNLESS the auction specifically mentions that you will receive a different item or that the picture is only an example.  To send you an item other than the one pictured is fraud, plain and simple (it could also be an honest mistake).  Regardless, you are owed either the card pictured or a full refund upon return of the card.

The whole point of including a picture with an auction is so that a buyer can see what he or she is buying.  It is not the responsibility of the buyer to ask if the item pictured is the same one you'd receive; it is the responsiblity of the seller to state in the auction that the item in the picture is NOT the one you will receive.

This is an important distinction, Trey, and eBay will side with you if you have to file a complaint.

Oh no - and the un-lucky buyer is one of us!

Get him!

I also see what you are saying, but the least they could do is put a note in there that the card pictured is just an example.  I think you definitely deserve a refund.  And if I saw this auction before you bought it, I would be the one going through this right now, so I can imagine how you must feel.  Please let us know what the seller says.

I just realized while chatting with Anna that I bought my grim card from the same seller in November, and he did the same thing with that auction.  He had a picture and a card number, and I bought with BIN.  Then I saw another auction with the same picture and number.  I sent him an email and he didn't respond, but did send me the correct number.  My swatch was slightly different than the one in the listing.  It wasn't a big issue, though, since the swatch is excellent and not much different than any others.

At least you haven't paid!  The seller sent my card in appropriate packaging, so this must be something fairly new with him.  He was slow to ship, though.

Maybe he'll smarten up if enough buyers complain.

Yes my card arrived in just an envelope. It was in a toploader with a plain card either side but even so, I paid like $5 shipping, the least I would like is some good packaging.

I have not received a reply from the seller. I will send him another email and if he does not reply within 2 days then I will be putting in an official complaint to ebay. There is nothing really more I can do I guess.
 

How evil... I hate it when they charge say $10 for shipping and you get a 10c envelope with a $2 stamp on it :P Not that much lost on our part, but its the principle that counts. And as for toploaders in plain envelopes... the number of close shaves I have had >:( I send any cards I sell in the 4 screw 1/4 inch holders packed in bubble wrap - that way they'd have to be run over by a tank to get damaged! 8)

How are things going with this? Have you managed to get an explanation from the seller?

This is the reply I got yesterday. It has taken him about a week to reply to me!

Hello Tracey

Thank you for writing.   We are sorry to hear that you are not
satisfied with your purchase.  If you would like, please return the item to us
for a refund of the purchase price.

What should I do guys??

If you really wanted a variant, return it and get your money back. But if youre happy with a plain card, maybe try and get a partial refund? ie the difference between what you paid and the value of a standard card? I dont know whether that would work but you could try...  :-\

Kate

I'd ask if they had a similar variant to the one in the auction picture... if not I'd ask for your money back if you were not happy paying that much for a plain swatch.

He's going to refund your purchase price, but not the cost of shipping it to you or your return shipping.  You might be better off selling it.

I still say it's a case of false advertising.  He should refund the entire amount and pay you to ship it back to him.

I agree with kbmum, you shouldn't have to pay any out-of-pocket expense yourself.

oh I think I might keep it then, saves me paying for extra shipping, and what if I send it back to him but he tries to rip me off again by saying he didnt get it??

What kind of feedback should I leave him?? I dont want him leaving me bad feedback as well.

I think I might email him and tell him that I will be watching his auctions for this card and if I see the same picture up again that I will complain to ebay that he is missrepresenting his item....I dont know if I can do that or not, but maybe it might stop him from putting the pic up. Im still angry but cant be fussed with sending it back and getting a refund, it is still a nice card so I might keep it even though it was a bit overpriced  :(

you can complain to ebay because the seller misrepresented the card.
and they can get involved and mediate i think you should find the average cost of the non variant cards and say that you would have been happy to pay that but not what you have and would like a refund of the differance .

Go for trying to get some money back from him.  I would.  I guess he didn't leave you feedback yet?  Honestly, I would leave a neutral for him.  Just say everything arrived safetly, but item was not as pictured.

The price guide shows that the average price over the last five auctions is $29.53 and the average price for all non-variants logged in (42 cards) is $38.15.  Your card is right in the middle, so you might have trouble convincing eBay/PayPal that some of the purchase price should be refunded.  

However, the picture showed a variant, and that's not what you received.  Since he has used that picture for other auctions, you don't have to wait for him to use it again to complain to eBay.

Sara's suggestion for leaving feedback seems perfect to me.

ok thanks guys. I think I will still complain to ebay, im not concerned about getting any money back, like kbmum I had checked out the price guide too so im not fussed. I just dont want him to keep putting these up so I might put a complaint in, even if it just makes them aware of it. Dont know if it will help though.

good idea about the neutral, thanks heaps  :D

On a plus note I have seen a lot more auctions stating this is the card you will actually be recieving  :)

Does the seller have any current auctions with this card?

I was looking at my Fizzing Whizzbees today and was wondering what part of the candy wrapper the swatch came from.  It's just the plain orange type, which makes me think its from the clear wrapper that you can see the candy through.  But the wrapper on the picture looks like celophane, and my swatch looks like crape (sp?) paper.  I used the exact same color crepe paper for my daughters birthday. :)  What part do these plain orange ones come from?  P.S.- Trey, I read the whole thread.  Did you end up keeping the card?

We had a discussion about the swatch last winter. :) You can find it here:

http://www.theyakshack.co.uk/forum/index.php?board=15;action=display;threadid=1242

I believe the general consensus was that the orange swatch came from the individual candy wrappers.

Great!  Thanks for the link. :)  It does make sense about the individual wrappers.

Yes I did keep the card cause it was more of a risk to send it back, it was a bit overpriced but I guess they are still nice cards  ::)

Very nice card. So, where did all the plain orange swatches come from???? The wrapping around the candy? It doesn't look like the same material.

Me either. Maybe it was from boxes they were in? Who the heck knows.

Maybe its the paper around the material holding the fizzing whizzbees sign on  ???