Payment dispute: Someone is not paying for my goods already shipped (You be the judge)  

Hello head-fiers, 

If you are reading this please tell me who is right and who is wrong/ or how it should be settled.

Thank you

This is how it started:

On the 22th of September, Buyer PM-ed me regarding this ad: 

http://www.head-fi.org/t/571666/unique-melody-merlin

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My Buyer:

Hi im interested in buying the merlins, do i still have a 2-year warranty for this?

Me:

shows and tell him it’s stated 1 year on the warranty card

Me:

I bought them off custom iem.com. No idea why the warranty is less, honestly speaking.. Maybe ask Stephen Guo?

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Deal is worked out such that I received payment when he gets the merlin.

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When all is agreed upon the buyer said this:

From Buyer:

Quote: you should make a paypal account so the moment i receive them i can send you the payment as quickly as possible

So I proceeded to mail the package to him and posted photos of the receipt.

ER332904155SG (you can track it at http://www.track-trace.com/post)

Bad news from the buyer:

The right acrylic shell is cracked!

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This is what he posted:

i just received it right now.. what an unusual time. But i have bad news, the right piece of the earphones has shattered, the drivers fell out...... 

so what are we going to do?..

i swear it came out like this right when i opened it..i dont mean to be rude but you should have put in a small cardboard box to make sure it was safe.

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Photos posted

According to my buyer:

"right piece of the earphones has shattered, the drivers fell out

the wires seem to be connected fine but im just scared the drivers are damaged inside

tried plugging them and the left (not broken) has sounds coming out of it and the right peace(broken) doesnt have any sound.

wires are connected but double check if all the internals are fine."

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This is my reply:

Me to buyer:

I'm really sorry for that, really I am.. I thought the acrylic shell were stronger than that.

I'll email Stephen Guo to check if they can be reshelled in that condition first..

I'm really sorry.. don't pay me till I confirmed… (with Stephen Guo, of course)

Don't worry, an additional repair cost will be on me

(I then proceeded to email Stephen Guo (From Unique Melody), posted the photos, quoted all his descriptions, and included questions on the 1 or 2 year warranty)

Compilations of the email response from Stephen Guo

***I sent up to three emails to him, to get assurance that it can be repaired, (if it is even necessary) read on..****

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From Stephen Guo, Email reply #1:

Hi

IT should be able to be fixed, not too much of a deal. 

It is not covered by warranty since it's broken by the mail service. 

Warranty covers for faults that are due to UM lab, such as driver stops functioning within 2 years. 

Ask him to email me, and I will process him as a re-shell order, that's it. 

Cheers,

Stephen

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To assure buyer I send a second email:

Me: much will repairs cost; an estimate?

Stephen: That's really hard to say. 

Seems that the drivers are fine tho. 

Cheers,

Stephen

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and another:

He should arrange a re-shell with me, and if UM lab requires any additional fixing charges, you can pay for that. 

Cheers,

Stephen

*****So with Stephen's email, I proceeded to see if I can get my 405usd (as promised-- He would pay when he received it)********

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Me to buyer:

about the payment... you can gift me 405 usd / or if that's not possible, you may have to send 405 usd dollars with paypal charges 

dun worry about damage... I will be here.let me know if Stephen Guo says it... I will send you back some money to foot the bill.

*****So he seems to agree*** (Take note that the time listed is accurate Head Fi Time)

~Sep 29, 2011 at 6:02 am

Buyer:

alright :) im getting my impressions done today, i will order the reshelling and contact stephen :)

~Sep 29, 2011 at 7:17 am

Me:

and will you send me the money after? 

Sorry I'm getting a little worried.

****he should have paid, I promised to pay for additional damage***

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Now I start to chase him for payment

~Sep 29, 2011 at 10:53 am

Buyer:

I'll pay for it right when everything is good to go don't worry 

***very convenient, especially when u have my merlins ***

~Sep 29, 2011 at 10:54 am

Buyer:

How abOut the 1 year warranty? Is it 2 years now?

*** I told him right before delivery it was 1 year, even showed the photo***

So I replied:

~Sep 29, 2011 at 10:57 am

Me:

When will that be?

when you ship out the impressions?

~Sep 29, 2011 at 10:58 am

Me:

I dun want to wait two weeks you know, that's not fair 

*** I need the money***

~Sep 29, 2011 at 11:03 am

Me:

Hey.. the agreement was for you to pay when you receive it.

I will not run away if the driver needs repairs... wasn't really (entirely) my doing but i'll pay if any.

I feel its minor; repairs would cost 100usd max if more i willingly pay too.

I hope you will send me 405 usd to xyz@gmail.com

can't stand waiting

*** No response, I was anxious by the way, so I continued to PM***

~Sep 29, 2011 at 11:11 am

Me:

Can I have a specific time and date please, thank you

I rather get the money upfront; I will keep my end of the bargain.

~Sep 29, 2011 at 11:28 am

Me:

I really want you to pay me now, as soon as you log in.

It would selfish if you hold on my 405 usd merlin for the sake of (80-100 usd minor repairs, which I promised to pay) anyways. Stephen says it is a minor problem, most likely just a simple reshell, therefore no additional repair cost (only broken acrylic, you pay for reshell anyway)

So can you just transfer the money (I kept my word so far, don't know about you and your lack I feedback is worrying; honestly I sick with worry)

I have negative encounters with ppl who dun pay up as promised too, and you said you had such experiences yourself.

Hope you understand

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At last he replies:

~Sep 29, 2011 at 12:10 pm

Buyer:

alright ill send you the payment by tonight or latest tomorrow. What is your paypal id?

~Sep 29, 2011 at 12:50 pm

Me:

Yes, that's my email… xyz@gmail.com (I told him previously, so I'll skip some of the extra dialogue)

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Then, he throws this at me:

~Sep 29, 2011 at 1:10 pm

Buyer:

Hi is it ok if i pay you 200 right now and then another 205 when i send the earphones and impressions? 

~Sep 29, 2011 at 4:42 pm

Me:

What difference does it make; I trusted you enough to send it first without payment; now you are trying to stall payment how fairs that? Anyway, all you need to do is send the merlins to um. Only when they arrive will damage be assessed. wouldn't affect the overall delivery time anyway..

You seem to make payment difficult

***seeing no response, I followed up with this****

~Sep 29, 2011 at 6:55 pm

Me:

Please pay by today, Thursday 10pm Canadian time 

No reason for your delays. and split payment

*** I'm in Singapore time~ which is approximately 8 hours faster***

First thing the following morning....

~Yesterday at 6:19 am (Head fi time)

Me:

I know u are online,
You just when offline the minute I message

***I saw his status was online, left the minute I came in to rant—instant green to white****
 

~Yesterday at 8:01 am

Me:
Pay by 10pm tonite or just send it right back 
I have a feeling you'll send it right back just to spite me. ***I would have pointless paid for delivery~check receipt***
Or just pocket it.
Dealing with ppl sucks.
They take and run most of the time.
Playing fair just makes a fool out of me!

Me:

Send it right back!!!!!!!!!

*** prolonged absence pissed me, he used to be quick***

Me:

I dun even see the 200usd!!!!!!!!!!!!!!!

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Then he finally responded:

~Yesterday at 8:46 am

do not worry i never intended on scamming you, but i will not pay for it since i will be returning it. The 1 year warranty turning into 2 years of warranty isn't finalized. I will be sending it back to you tomorrow, please give me some money for shipping to mrxxx@hotmail.com since not my fault that the earphones had broke when i received them.

*** he doesn't have to pay a cent, I already told him all he needs is a reshell, and now I have to pay again to have it back--- ?@#$Bro, just send it for reshell already! ***

~Yesterday at 8:46 am

i apologize for not responding quickly since i have been very busy.

***very nice, but...****

~Yesterday at 8:48 am

im really sorry to keep you waiting i should have replied as much as possible, your earphones will go back to you, with a cardboard box to protect it >_>

*** Great, now I pay for it to come home! +.+ another 50 S'pore dollar wasted... just send it to um,bro, if repair needed, I pay***

In case you miss it, I'll show you what Stephen said:

Quote:

Originally Posted by Benjerry 

 

Compilations of the email response from Stephen Guo

 

***I sent up to three emails to him, to get assurance that it can be repaired, (if it is even necessary) read on..****

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From Stephen Guo, Email reply #1:

 

Hi

 

IT should be able to be fixed, not too much of a deal. 

 

It is not covered by warranty since it's broken by the mail service. 

 

Warranty covers for faults that are due to UM lab, such as driver stops functioning within 2 years. 

 

Ask him to email me, and I will process him as a re-shell order, that's it. 

 

 

Cheers,

Stephen

 

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To assure buyer I send a second email:

 

Me: much will repairs cost; an estimate?

 

Stephen: That's really hard to say. 

 

Seems that the drivers are fine tho. Cheers,

Stephen

 

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and another:

 

He should arrange a re-shell with me, and if UM lab requires any additional fixing charges, you can pay for that. Cheers,

Stephen

FYI: Stephen has read and analysed the photos with descriptions. 

On top of not going for a reshell only (possibly without any repairs needed)

and me footing for any minor bill, "Buyer" want deliver back at my expense ($50 bye bye)

*** and let me try selling a broken right acrylic shell merlin--- not to mention having to ship it out again to a new buyer, most likely again at my expense ($50sgd goodbye again)***

LOL. He eats 50sgd for breakfast! 

Hey $150 is nothing to him

oh he also has my merlin~ I must obey him... he's tired of playing with the left driver

Me: 

WHAT! ALL THE TROUBLE AND IT COMES TO THIS!!! FREE DEMO ISIT!DO YOU THINK I'M DAFT OR WHAT!!!! PAY FOR THE RETURN TRIP!!!

WASTE ADDITIONAL CASH ON THIS ALL FOR YOU!!!!!!

JUST SEND IT TO STEPHEN ALREADY!!!!

ALL IT NEEDS IS A RESHELL!!!!

WHY ARE YOU FRIGGIN HESISTATING FOR!!!!

CHANCES FOR IT BEING SPOILT IS LOW!

AND IT WOULDN'T AFFECT THE OVERALL TURNAROUND TIME EITHER!

NO WONDER YOU LOST OUT ON THE UM DEAL!!!

&

Me:

that terribble can't decide!!!???

Let me decide for you!!!

1) PAY UM 179USD FOR IMPRESSION

2) SEND IMPRESSIONS WITH MERLINS IN BOX EMS TO UM

3) UM DO ACRYLIC SHELLS

4) RECIEVE THEM GOOD AS NEW

BEFORE ALL THAT PAY ME!!!!

Now his has my merlin (or 1/2 a merlin) and cash he owes me, he pretty much do anything he wants

 him somewhere

ME:

I know i'm an idiot, but seems like his pretty polite with all his response so far

And I can't confirm if he broke it, it could be the delivery...

or by me~ don't laugh... I bubble wrapped it.

But the thing is, all it needs is just a simple reshell now, at no additional charge (based on the looks of the photo)

I'm not done yet actually, here's some more:

Me: 

I'm begging you now. please pay me. 

please don't make things difficult.

please pay

I own you my sincerest apologies for

breking the merlin and causing you unecessary worry as

to withold payment even after you don't have to pay additional,

even if repairs are needed

Me: 

u are withholding funds that i need urgently. spare a thought for me

if i reship it to another buyer, i'll waste another 50 sgd at least

I will definitely pay for repairs if necessary.

Stephen has confirmed that you send it back for reshelling at 179usd

and he said the broken acrylic is minor, no biggie to um workers, they can fix it if needed... I repeat again, if he tell you additional is needed, i'll ship it right away

also turnaround time would hardly be affected at all.

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~ Yesterday at 12:33 pm

Buyer:

could you please ask stephen about the 1 year warranty? why cant he change it? isnt it supposed to be 2 years?

~Yesterday at 12:42 pm

Me:

all i know is that you have not paid me, and is trying to make my life hard

~Yesterday at 12:57 pm

Me:

i'll assist you with additional repair charges if you pay me now

I can't work magic with warranty mine is 1 (In case you suspect, 1) its a genuine um made um merlin,

2) I will pay for additional repay, take me to court if I don't - go get some legal form for me to sign on this matter)

Just pay me, I don't see what's holding you back...

just ship to um and they will do mantainence check on it, together with reshell, Stephen is aware of it--- for all we know, it's absolulely free of charge)

If not, I'll be here to send the money, um will hold it for you, and if payment for repairs is immediate, turnover time will be as normal no delays at all)

anyways I am contactable on head fi everyday 24/7... I pop in in the evening and morning... just let me know if any repair cost is needed...

i won't drag payment like u. I say exactly as what i do.

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~ Yesterday at 2:21 pm

Buyer:

im sorry but im almost final on sending them back. why dont you just offer this deal to someone else. earphones getting broken were not part of the deal so i can ship it back.

~Yesterday at 2:37 pm

U are kidding me 
Just send it to um for the reshelling I'll get stephen to talk to you
This is unfair

I pay both ways and for the repair while you hold my Merlin hostage
How unfair,
What if you are in my shoes that's why I feel you are most selfish after I kindly send it to u.
I promise to pay repair fees too.

Hey hey so easy for you to say;
Anyway u dun have to feel the pain of losing money
Do you know that such international trade is a matter of give and take risk wise?
And you let me bear it entirely just to satisfy your wimps

Please carry through with the plan, and you dun have to pay additional

~Yesterday at 2:53 pm

what makes me wonder is why didnt you put more protection on it? the iem being broken was more of your fault than the delivery service. plus theres always a chance that the driver is broken internally not just by the looks of it and the 1 year warranty. If you want, i can send it to china um instead all the way to singapore. You can just tell them that it is stored in um without a shell and can be reshelled for 180 extra.

You can just tell the buyers in head-fi that it is stored in um without a shell and can be reshelled for 180 extra. that is very appealing to them since you dont need to send it all the way to their house.

*** what um is storage facility?, I told him um didn't accept me sending it to them for safekeeping, that why I had to ship it to Canada***

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Email reply from stephen, before the sales:

Hi UM,
> 
> I want to sell my merlin to someone in Canada;
> Can I send them to you for safekeeping first?
> He will pay for the reshell, you reshell, then ship to his address.
> 
> Please let me know ASAP
> Details will follow
> 
>Thanks
 Jason

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Stephens reply:

Hi Jason,