Donkey Kong Poster DAMAGED what do I do? PLS HELP ME I'M SCAMMED!

in The Porch
okay so I just bought a DK MSG poster off eBay for $529.. I unroll it and quickly notice BROWN STAINS on the white of the poster, clear as day. I lost my mind and flipped out at the guy who sold it to me. He tells me he had no idea there were stains on it. It's brown on white for Christ's sake. I go to look at the item's picture on eBay and i notice he "cut off" the spot that stained in the photo he took. I questioned him on that and he replied "I just took the picture." .. Also, his description says he bought it at the show (which was 5 years ago) and it's been lying flat ever since. I've had the poster in my possession for 24-hours now (only took a day to ship) and it still hasn't flattened out. I've bought posters online before, usually takes 3 days to ship (rolled), and they flatten out in a few hours; this one's been a full day and it's still curved like crazy.. The Scammer is telling me i need to send it back to him before he refunds my money. I have a HUGE problem with this because I know I'm dealing with a scammer and he can just as easily say he never got it, keep my money, and go on to his next victim. This stained poster should be OUT OF CIRCULATION.. eBay will get involved on the 30th, but I'm freaking out. I feel helpless. Someone please give me advice on how to deal with this. Thank you very much.
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If I were you I would send him a message and try and get a partial refund. Tell him it's damaged goods but you will accept it for a large deduction in price. Say 350 off. I doubt he'll go for it but if he does you get a Kong for 150. Once it's framed you won't see the white part anyway.
The white on this poster is still seen when framed.
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Take pictures and document
Try to resolve it on your terms (make sure you save correspondence). If you cant within a day or 2, file a claim with both ebay and paypal. Let those avenues do their thing. As far as I know, the buyer on ebay is very well situated.... maybe too much so.
Do not send the poster back until ebay/paypal instruct you to do so. When you do, make sure you have it adequately tracked
If you have any conversations with eBay/PayPal, write down date/time/name of person you spoke to. If you can, go the extra step of sending a note back to an official eBay/PayPal address with all the details discussed so that there's a written trail.
Can't stress enough: document, document, document.
edit: NM, I assume it's this one:
http://www.ebay.com/itm/Pearl-Jam-Donkey-Kong-Poster-MSG-2010-/262103696950?hash=item3d06990636:g:2dMAAOSwuTxWBJYh
Just relax and let eBay and Paypal do their thing.
And then, my advice to you regarding buying on eBay is, learn something from this experience.
1. Don't buy if the seller doesn't offer a refund (and, before bidding, ask them why not).
2. Look closely at the photos provided and ask for more photos if they aren't clear or complete.
3. Be very wary when a seller grades a poster as "Mint". More times than not, in my experience, the seller is not grading critically enough. There's a line from Paul Simon's song 'The Boxer' that goes "A man sees what he wants to see and disregards the rest."
4. Ask the seller questions BEFORE you bid including, "Will you please take another close look at the poster under a bright light and see if there are ANY tiny defects at all".
It's all a bit of an effort but nothing close to the hassle you are currently going through.
Good luck!
If the stains weren't mentioned in the description, and since he also cut that part of the photo off, it falls under "product not as described." You should be okay with getting a refund. Send the poster back to him and make sure you use tracking with signature delivery. That way you have that info to give to ebay, and he signs for it personally. If you just use tracking he can always say "it wasn't delivered to my mailbox" even though it shows delivered.
If you used Paypal, file a claim with them as well.
And as a very last resort in case none of the above works, if you paid with a credit card, you can file a dispute directly with your card issuer. But let the ebay team do their thing before you go this route.
Also, please mention the ebay seller's user name here so others are aware not to buy from this sob.
I'm going with the original buyer also returned for the stain, hopefully that's the case and Ebay already has a record of that incident, making your claim that much easier/true.
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I lucked out. The seller filed a claim with USPS aided by my pictures, refunded my money, and I never heard from them again. Still have the damaged Firehouse
Again, I hope your problem is resolved and everything turns out ok.
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You can file with paypal if you used a credit card and they will take the money back out of his paypal account if you can prove everything. First thing I'd do is take a screen shot of the auction page with his fucked up cropped picture.
Lesson learned, if buying a $500 poster, ask to see more photos of the whole thing. A seller only two photos of a poster of that value is fucked up to begin with.
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