I'm not sure what to write back, I mean, obviously "As-Is" doesn't allow him to sell the wrong item, right?

Definitely not.

eBay has a policy that it's been pushing everywhere that basically says you get what you bid on or else you get a full refund. Of course now that I try to find that for you, they don't show it to me.

Point is, you bought one game, and you got another. You didn't get what you paid for. So you're entitled to a refund, though it might be a problem if you have to provide tracking. :\

Don't waste your time. Just file the claim and mail it back when PayPal/eBay tells you to. Unless you don't value your time

I'd absolutely love you forever of you could find that for me.

As is refers to the condition, not a different product. If I sell you a classic mustang as is, but ship a dodge caravan, that is not the item described.

So here was my message to the seller:

As is means nothing when what you provided me is not what I ordered. I ordered a gold brick from you "as is" and had you send me a potato. I'd like a full refund for this purchase.

And below was his response

Not a chance, in the heavens or earth, the ad says, "as is" which means it sits as it is. If you buy a house "as is" at a court house auction with only seeing pictures or without seeing pictures you get it as is, there are no refunds. Secondly, the ad itself says no refunds. Even further, it states in the description there will be no refunds or returns. Which will be held to. You stated in an ebay message that you knew you were taking a risk buying this "as is" I even reminded you. You, however, wanted to continue onward. You will not receive a refund. You are more than welcome to open up a case, however, ebay will side with me. Because the items state untested, "as is." I've had a very similar case with an icloud locked ipad. The buyer wanted a refund because it was not what he wanted, but because it was "as is" ebay sided with me, the seller. It would be the same here. I stated that I wasn't aware of the condition, quality, or the likelihood of these items working. Thanks, and have a great day.


This is turning into a nightmare very quickly.

Selling "as is" and "untested" is not an excuse for "theft by deception", which is a crime.

Just stop communicating with him, it isn't going to get anywhere. I would simply open an "item not as described" case and go from there. Just let eBay handle it.

We'll, I will be filing a case once I get home from work. Should I do it through eBay or PayPal, or does it not matter?

Don't make offers like that, I'm single and looking. ^.~ Seriously though, this is the only thing I could find:

http://pages.ebay.com/coverage/...

"Get the item you ordered or get your money back." Since this isn't a real Stadium Events cart, there's no chance in hell that the seller is gonna win this.

File a claim through eBay. Whoever steps in to check the case will also be able to see ALL the communication between you two. Once they see that he's being a dick... they'll be more inclined to side with you.

EBay, since it was an eBay sale.

He's full of shit anyway; no way ebay would side with him on that iPad unless he listed it as "For parts/Non-working".  

I didn't mean I think the exterior is real at all.  I was just saying the text on the end label of a real SE is on the edge like that.

Ok, PayPal case is open, (eBay wouldn't let me do it though them for some reason)

It's likely going to be a day or so of repeated emails that were already discussed within eBay, but we'll see what happens.

Man bro, that really sucks. I hope you're able to get a full refund.

He's obviously a scammer, but logic doesn't always matter to eBay reps. I used to collect coins, and you wouldn't believe the amount of times eBay sided with the seller of an obviously fake item. If the eBay representative assigned to this dispute doesn't know about old games, there is a good chance you won't get your money back. I hope it ends well for you, but there's always a chance...

Here are the notes from the PayPal case, the seller has escalated this case to PayPal. I'm awaiting their decision I suppose.

3/18/2014 20:40 GMT-04:00 - PayPal: Seller escalated this dispute to a Claim.

3/18/2014 20:40 GMT-04:00 - Seller: In the original ebay auction, the game Jeff (The Buyer) is referring to, was a part of an untested "as is" media lot of 12 items. The description states that all items have been untested and are "as is." I sent all the correct items as they sit in the pictures. One of the games though, according to Jeff, which may in fact be true, is a game with the wrong rom on it. Meaning the game itself says stadium events or whichever game he is referring, but plays something different. However, the descriptions states "as is" which means as they are pictured or in other words as they sit. You don't buy an "as is" lot expecting everything to work because they are in fact untested and unconfirmed to be in working or even correct order. Secondly, the buyer (Jeff) messaged me and asked me if I would sell to him in buy it now auction for the right price. I told him that I would, and then proceeded to remind him that these items were untested and "as is," in order to ensure that there would be no problems such as this one. He stated he knew the risks and wanted to continue onward. I am including these messages directly copied from Ebay: "Dear level_42_jeff,No 210$ is fair. And just a friendly reminder these items are untested and as is- countzaculaAbove and below is where I reminded him that the items were "as is."Woah that sounded like an insult. As I said I don't know anything about these items and they are definitely as is. I agree it is a risk. I'll do the 235$- countzaculaThank you for your time and consideration.

3/18/2014 19:56 GMT-04:00 - Buyer: The copy of Stadium Event which I had Purchased from you was indeed not Stadium Events, but in fact a measly copy of Top Gun. As I'm sure you are aware, Stadium Events is an extremely valuable game, where as Top Gun is worth, maybe $5 on a good day. I'd like a full refund.

I'm wondering if I should link this thread to the PayPal notes.

I wouldn't.  But the next time you talk to Paypal, make sure you use the word "counterfeit" in describing the Stadium Events that was sent.

ebay should've let you open a case. This is weird.

This situation really sucks! However, personally as an eBay rep I would side with the seller. Here is why, he states the game "as is," and according to the picture you've posted- it's the exact same as the eBay listing. It looks like he has protected himself pretty well by including the facts that it is not tested nor guaranteed. Being that he has your messages where you personally state you are aware of the risks involved, and also where he reminded you that the item was untested. I think your chances are unfortunately slim to none, although I'm rooting for you.

You're an Ebay representative?

I've been a collector since my teenage years, but I just recently found this site due to an old college buddy of mine. I always peruse anything for Stadium Events. I am an eBay rep. I just got on with them about 4 months ago I worked with Amazon before that.

So based on your experience as an eBay rep, you'd say that they would most likely side with the seller just because he stated 'as is' in his description? Don't you find it quite stupid that eBay would come to this conclusion while the item in question is actually a counterfeited product, which are illegal to sell on eBay?

The fact this guy have a counterfeit Stadium Events isn't the outcome of any kind of random luck, he knows that he has a counterfeit item, he did not had this in a random pile of junk for sale. Logically, there's almost no chance that he wasn't aware of what he had, so backing him up just because he state 'as is' in his description is one incredible fallacious way of judging a situation.

Just to be clear, I'm not talking about you but about eBay reasoning in general.

As an eBay rep, we are not allowed to speculate someone's intentions or their motivations. We are only allowed to deal with facts, the facts state that this seller wasn't aware of what he had; whether it was counterfeit or not. I would almost say the buyer is the one who took advantage of a situation and it back fired. He was trying to get something that is extremely rare for dirt cheap without the seller knowing. Now with that said, it seems that they would side with the seller.