I won a Mimic at a decent price and thought I was getting a good deal. The seller said that Mimic had no marks and provided photos to show that she was in good shape. HOWEVER, the photos cleverly hid the fact that her display side is faded! Even the parrot on her display side has been faded! I took the time to ask the seller beforehand if Mimic had tail rust, a mis-matched head (FADING), and whether her stripe was pink or white (again, FADING). At any point they could have said that she was clearly faded on one side. I'm pretty annoyed. Here's the catch though, the auction clearly says that she's being sold "as is". So what can I do now? Am I even entitled to leave a negative for her misleading auction description? Or am I at fault for not asking enough questions? Her photos were deceptive... shouldn't that trump her disclaimer??

HELP!

one thing that really bugs me about "AS IS" in a situation like this, is that the full details were not disclosed. when i sell baits, i say "AS IS" because, you, the buyer, know what a bait is, and know that it will come to you in bait condition.

so, on one hand, while "AS IS" seems like the be all, end all... it doesn't make up for not disclosing details that you specifically asked for.

if you asked the seller, if she was faded, and they didn't disclose that she was, in fact, severely faded, i'd say that the seller pretty much negated their "AS IS" policy.


if they had told you she was faded, and you bought her anyhow, or, if you hadn't even asked, and accepted the auction at face value... i'd say that "AS IS" stands... however... because you asked, and they failed to diclose the details, i think you have a right to pursue a partial refund, or other recourse despite the "AS IS" disclosure.

yep, what space said

don't go after the feedback until you've given the seller a chance to fix the problem.

another thing to consider, if I handed that pony to my mom, she would say it was great, all the body parts are there, there are still lots of colors in the hair (so it can't be *that* faded) and her head and body are still both definately greenish.
you and I, however, would have a very different way of describing this pony's condition

definately see what the seller has to say when you write to them about the pony's sad state, how they handle it will tell you what feedback to leave. If they are nice but refuse to give you any money, you probably would lose a Paypal claim anyway, so leave neutral, if they are nice and give you a partial or offer a return, leave a positive, if they're rude and give you nothing, leave a neg

Thanks for the level headed advice Space and SilverCygnet! I think I will write them about it in the morning, when I'm not as upset. I think Mimic was standing in a window somewhere. When you look at her head on, she has a clear line down her face where one side is darker than the other. I'm worried that I just wasted money on a pony that's worthless.

Mimic is never worthless....

my kids would be thrilled with a bald, cancerous Mimic, as long as she had at least one hip symbol that still at least kind of still looks like a parrot I've been kicking myself since I sold my really perfect one, they love that cartoon episode with Mimic in it

lets see if the seller will come around *crosses fingers*

hahah, i was gonna say the same thing. most people would still pay $30 for a bald mimic with cancer spots.

but, you're probably right, Minty... so many people put them in the windowsill, it's terrible.

I got a Mimic like that once. She was lying in the front of a small lot. The seller had descriptions of every pony except Mimic.
When they arrived, surprise, the side facing down in the picture was faded. And of course the seller claimed no knowledge of ponies. Yea right, she placed the treasured one out front, good side up, no description to distract from it.
I was really ticked, but didn't want to return the lot because there were others I wanted. After about a week of seething I demanded some money back or I was going to nail her perfect feedback. She reluctantly gave in but I can't believe the nerve of some people.

BTW, I figured out that she was indeed a member here. But I havn't disclosed the who of it because I don't want to cause any trouble. But I thought it was poor behavior for someone in the community.

MintySunlight - was it this one? -





I saw this auction and thought it was a bit strange because the seller had zero feedback and yet seemed to know exactly how to describe a pony's condition. They are very new and all they have ever sold is a couple of htf:s.

Actually I think you can see in the pictures that one symbol is faded.. Still, very bad selling manners. Like you said, you asked detailed questions about the pony so it must have been obvious to to the seller that you would have liked to know about the symbol. A good seller would have made a note of it.

sold as is means as described in the auction..therefore from what you have said, it is not 'as is'..mimics dont come cheap and i would be fuming ..message the seller and say politely that 'the pony is not as described and would they consider a little refund, as you want to sort it before you leave feedback'..it always works for me, and its suprising sometimes at the nice replies you get back ( alot of sellers are very polite! ..and if you leave a neg you will for sure get one back and no one wants a neg

tootie_tails wrote:

I saw this auction and thought it was a bit strange because the seller had zero feedback and yet seemed to know exactly how to describe a pony's condition. They are very new and all they have ever sold is a couple of htf:s.

Well that's not really strange. If you go to sell something you're more than likely to search for your item on ebay to see what it goes for. It's easy to pick up or copy the lingo of other auctions.

Which is not to say they seller ~wasn't~ misleading....I just don't think the fact that they used MLP-buzz words was strange. In fact it's one of the reasons scammers get away with stuff. It can be very hard to tell an educated seller from a newbie just based on how they describe something.

tootie_tails wrote:

MintySunlight - was it this one? - :snip: I saw this auction and thought it was a bit strange because the seller had zero feedback and yet seemed to know exactly how to describe a pony's condition. They are very new and all they have ever sold is a couple of htf:s. Actually I think you can see in the pictures that one symbol is faded.. Still, very bad selling manners. Like you said, you asked detailed questions about the pony so it must have been obvious to to the seller that you would have liked to know about the symbol. A good seller would have made a note of it.

That's her. Now that I look closely, and I know what the fading looks like I can TOTALLY see that she's faded. I feel blind for not seeing it before. To me, and I could be wrong, it looks like she tried to hide it with Mimic's mane.

I knew I was taking a risk when I was buying from a "new" seller. But honestly, the whole time my biggest fear was that Mimic wouldn't arrive. I thought I'd asked the right questions. I think I was too trusting in this situation.

Thanks for the vote of confidence on Mimic's value everyone. I was pretty down about it last night. Not that I only buy things for their worth ... but I don't want to be stuck with something either.

Quote::

To me, and I could be wrong, it looks like she tried to hide it with Mimic's mane.

I agree, it seems kind of convenient that the hair is on that side and partially covering the symbol..

Anyway I think she is still very nice. And the raised leg side is actually her display side card wise just look at the moc picture on Lavonias site:

moc mimic

tootie_tails wrote:

Quote:: To me, and I could be wrong, it looks like she tried to hide it with Mimic's mane. I agree, it seems kind of convenient that the hair is on that side and partially covering the symbol.. Anyway I think she is still very nice. And the raised leg side is actually her display side card wise just look at the moc picture on Lavonias site: moc mimic

I was wondering about that because of how her hair is rooted! But then I looked at several Mimics in the forum gallery and they all had their hair on the same side as mine. I'm going to flip her hair over this afternoon. Thanks!

I sent the seller a message about the fading, trying to be as matter of fact about it as possible. I asked how she planned to resolve the situation. I'll let you all know what happens.

Well, hopefully they will be willing to compromise. And for what it's worth, Mimic's mane is a pain in the butt to get to lie nicely, she's always getting the mohawk...

here's the one I sold displayed properly, raised leg in the foreground, mane to the right...

WOW! To my amazement, The seller responded to my eBay message and has offered me a respectable partial refund. Thanks for the tips everyone! I'll post again when the refund has gone through. *keeps fingers crossed*

Edited two hours later to add: I got my refund! That was a lot less painful than I expected it to be!