E-bay question

[MCXC1987]

Ok folks, got one of those e-bay tales for you and I'm looking to get thoughts and opinions. I recently bought a Landon Donovan World of Sports Autograph #'d/25, rather high end item. The card arrives in a bubble mailer, penny sleeve and a toploader, with tape on the top to secure the card. Now I can't say he packaged it badly, because at least he got the basics down. Could have used a team bag, probably, but it wasn't like he didn't try to secure it. So I get the card out, and it has two creases around the swatch. If it was a smaller ticket card, I'm sure I wouldn't have minded as much, but it was a high end card. It has a 7 day money back as soon as buyer gets it. I sent him a message the day I got it along with pictures. Saying, I like the card, but feel I should have some sort of partial refund as the card is obviously lost alot of value. They asked for more pictures of the front of the card and give ya the, it was mint when it left here deal. I send. No response as of yet. Now if they do not respond at the 6th day, should I open a claim? Should I send it back their way and then open a claim? That would obviously would be a huge risk as I may get nothing out of it. I'm not really sure how to go about it. any thoughts or opinions would be welcomed. Here is a scan:

[LeicesterBladex]

Hey buddy sorry to hear about your card, I had one come through to me like that but was only a cheapish card so didn't bother complaining .... BUT if the eBay seller didn't state it was damaged like that, and he's not responding definitely open a case against him and get your money back ! Like you say the card has lost a lot of value and is pretty beat up around the swatch
Good luck with whatever you decide to do and let us know what happens

Blade

[JordanFanatic]

Deffinently start a claim, if the damage was not stated in the auction, then you deserve a refund and he needs to go through shipping insurance to get his back.

[MCXC1987]

Ok thats what I was thinking, I just want to make sure I'm doing the correct stages and being fair. Obviously I'm gonna give him time untill his last refund day gets closer. But I'm thinking if by the sixth day-going into the seventh day I haven't heard back, I'll open a claim then. Thanks for the replies guys, helps me out a bunch

[bangsportscards]

What day is it now since you've bought it?

Here's what I'd do given the info you provided...

I'd give until a day before the 7 days and write a brief contact stating "Hey how are you? I understand things can slip our mind. I'm following up in regards to the #/25 autograph card as I look forward to a partial refund for the flaw issue."

Unfortunately this seller doesn't give back fairly to create good relationships. For me it would be a simple working things out to a fair agreement of how to make up for the flaw.

Best to ya!

Brian

[MCXC1987]

Hey Brian,
As of right now I'm on day 6 and no response. I sent him a message yesterday afternoonish asking for some kind of response. Still haven't heard. Sadly people don't seem to care unless they have a claim opened against them. I figured I'd be nice and try to work it out as I truly believe it was in good condition when it left his hands. But at the same time, I've attempted to reach out to them, but sadly it takes two to work something out haha. At this point I'd rather just the full refund. But I'll wait to see if he comes in with anything tomorrow.

My only thing is if it was damaged in shipment, do i still have a good arguement? I know it was packaged decently, but its still on the seller to make sure it arrives in mint condition correct?

[sportzking]

You can ask him to refund you the entire cost and return the card

or

Open up a claim with eBay and claim the item as not described or damaged. Chances are with eBay buyers protection you will end up with the refund and the card.

[MCXC1987]

You can ask him to refund you the entire cost and return the card

or

Open up a claim with eBay and claim the item as not described or damaged. Chances are with eBay buyers protection you will end up with the refund and the card.

I think I'm gonna try the first one. I'd really like that to happen, but in reality, I'm gonna assume he'll claim it wasn't his fault. I'm gonna send him a message right now asking for a full refund and I'll return the card to him. If I don't hear anything by tomorrow I'll most likely open a claim. And will most likely return his card to him. Thanks for the help everyone, it makes it so much easier when collectors feel the same way.