Need some advice

[Makinen]

Hi All,

I need some advice on a potential issue I'll be facing. I won the bid on a Lancia Stratos from eBay a week ago and the transaction went through pretty smotth except for one small hiccup where the seller under-estimated the shipping costs so the model cost me more. Anyhow... just went home for lunch today and saw that the package arrived. yay me! But when I picked the box.... uh-oh.... I hear bits moving around inside. Lots of bits and one sounds really big.

I haven't opened the brown box it came in or anything yet. Before I do, I just wanted to know what my options are if the model is damaged (which it seems it is).

The post on eBay read:

"
Lancia Stratos 1/18 Safari Rally 1977


Marque Kyosho, échelle 1/18
Etat comme neuf, dans sa boîte d'origine, version rare.

Jamais exposée, toujours conservée à l'abri de la lumière et de la poussière dans sa boîte.
Vendue suite à changement de thème.

L'envoi sera sécurisé au maximum

Merci de votre visite

Paiement exclusif par paypal
Les frais d'envoi comprennent les matériaux utilisés pour l'envoi ainsi que le déplacement à la Poste."

which translates to:

"Lancia Stratos Safari Rally 1977 1:18


Brand Kyosho 1:18
Like new condition , in original box , rare version .

Never exposed , always kept away from light and dust in its box.
Sold due to change of theme.

The shipment will secure maximum

Thank you for your visit

Exclusive Payment by paypal
Shipping fees include materials used to ship and the trip to the Post Office."

So above, the seller has indicated the model was in good condition and that he will ship securely (which is what I interpreted from the translation.

So if anyone has encountered an issue like this on eBay, please could you let me know what steps you took. Last thing I want to do is have the guy give me money back and ask me to ship it back to him. I will be out of pocket for the shipping to him.

[Oldtimer]

If I were you, I would photographically capture everything involved, starting with taking pictures of all six sides of the box, and then one after another as I unwrapped it. By being able to show the entire sequence of events, there is nothing the seller can do in terms of accusing you of a "bait and switch" (where you have the same one, but broken, and want to blame it on someone else).

Posting those pics, here, also, might help (or at least satisfy those of us who love to slow down for car accidents).

Good Luck, maybe it's repairable.

[[KRAFTIG]]

If I were you, I would photographically capture everything involved, starting with taking pictures of all six sides of the box, and then one after another as I unwrapped it. By being able to show the entire sequence of events, there is nothing the seller can do in terms of accusing you of a "bait and switch" (where you have the same one, but broken, and want to blame it on someone else).

Posting those pics, here, also, might help (or at least satisfy those of us who love to slow down for car accidents).

Good Luck, maybe it's repairable.

X2 - Never a bad idea to over provide information in writing and pictures. Though I suspect you'll be dealing with the postal carrier for compensation. This usually take a little time, hopefully the seller is mature and takes the lead.

[Makinen]

So guys, my worst fears were realized.

The model is literally in pieces. Some bits fell off that you would wonder how!?

The front-right axel was completely ripped off including some internal pieces because of a really tight rubber band he put around the hood. The rally spot lights fell off, the roll cage inside, in the engine compartment; pieces fell off in there too.

Now, the seller in disputing (naturally) blaming the shipping company and all yet it was all his fault on how he packed the car.

Please tell me who I should contact first to get my money back (or at least something).

[Oldtimer]

Please tell me who I should contact first to get my money back (or at least something).

Open a case with PayPal. Hopefully you photographically recorded the condition as recommended above.

eBay and PayPal are very pro-Buyer.

Good Luck!

[Makinen]

I took a video of the unboxing but my phone ran out of memory. I have a tonne of pictures though.

I opened a case with PayPal and it's not the in the seller's hands to reply to that, and if he doesn't I can escalate it to PayPal claims and take it from there. If the guy wants his car back, I'm ok with that but he'll have to fork out for shipping back to France. Why should I be out to pocket due to someone else's stupidity. The seller has been communicating with me all along in perfect English. Now just to be a pain, he's communicating in French and getting proper rude and sarcastic with me.

[[KRAFTIG]]

Key here is to remain calm and patient.

[Makinen]

Wow - so this whole thing has spiralled out of control. The seller is threatening me with legal action and all for saying that he didn't pack his model well and that he put up false pictures of it (which I did not say to him). He's going ape sh*t on me lol.

PayPal just got back to me and said that I am entitled to a full refund so this guy must have freaked out. This model is very rare and I this is one of the few times I have seen it on eBay which is why I jumped at the chance to grab it. Now PayPal wants me to ship the model back to him at my cost and they'll give me my money back plus what I paid initially in shipping. But do you think I can negotiate with the seller for a settlement amount instead of him giving me my money back and I can try and fix the car?

Below are some pics...

Here is a pic from his eBay posting of what the car should look like:


Here is how it was packed (yes, upside down in the box):


Here is some shots of the damaged bits:

[Oldtimer]

If the Seller has gone ballistic, then I'd keep PayPal/eBay in the middle for your protection, and just shed the entire ordeal as soon as possible. If the model is damaged as badly as you say, then why keep it?

[Gavin]

agree with Jim...I wouldn't try & negotiate money off.

Just let Paypal refund you & be done with it.

[StratosWRC]

Send it off. I kept a model once after gluing it together and I kinda regret it.

[Makinen]

I've sent the guy a message asking him to calm down first of all. He's insane.

From the pics above and all your professional experience, can you figure out how half those bits fell off?

PS. there are more pieces that are really small black plastic that are at the bottom of the box which are not in that picture. I would blame that on the shipping company myself. But tell me what you guys think.

[[KRAFTIG]]

agree with Jim...I wouldn't try & negotiate money off.

Just let Paypal refund you & be done with it.

X3! The onus is on the seller to provide the most adequate measures for safe passive.

[StratosWRC]

I've sent the guy a message asking him to calm down first of all. He's insane.

From the pics above and all your professional experience, can you figure out how half those bits fell off?

PS. there are more pieces that are really small black plastic that are at the bottom of the box which are not in that picture. I would blame that on the shipping company myself. But tell me what you guys think.

The mechanics of that is one piece falling off and rattling around, knocking off other pieces, which sets off a domino reaction. It's basically a blender.

[Makinen]

I've sent the guy a message asking him to calm down first of all. He's insane.

From the pics above and all your professional experience, can you figure out how half those bits fell off?

PS. there are more pieces that are really small black plastic that are at the bottom of the box which are not in that picture. I would blame that on the shipping company myself. But tell me what you guys think.

The mechanics of that is one piece falling off and rattling around, knocking off other pieces, which sets off a domino reaction. It's basically a blender.

Reading that just made me cringe

It's such a beautiful model and who knows when I'll come across it again. The seller has now gone AWOL after PayPal said that I can return it for a full refund.