1 ct solitaire Ebay saga update
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MiniMouse
Brilliant_Rock
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Pam, there''s not a lot I can add to the good advice you''ve received, but I just want to offer you some support and say, definitely do all you can to try and get a refund. The seller should not be allowed to get away with his dishonest trading. I wish you all the best and hope you manage to get your money back. Please let us know and definitely leave negative feedback. Even if it doesn''t help you, it will help others, which is something. Fingers crossed you get a refund.
orbaya
Brilliant_Rock
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I'm sorry this is happening to you
. Buying an ering is supposed to be a fun, exciting time.
With that said, I don't understand why you didn't return the ring after he responded to your email and would honor the return. I believe at that time it was still within the return period, correct? Why did you go for an official apprasial...you must have known that doing so would put you over the 7 day return window. As others have said, you'll most likely never get your money back, especially now because you waited too long. His auction explained the return policy which he is required to uphold, which he did by agreeing to the return...even though he was shady about it.
Now that the return period has expired, he is no longer responsible to accept a refund, and you aren't going to get one. I wish you had returned the ring when he emailed you that time instead of insisting on an appraisal.
What is done, is done. I think the only thing you can do know is file an eBay claim, which it looks like you just did. It will be interesting to see what happens, if anything to his account.
Even though the process has been stressful, you have a nice sized diamond and I'm sure it has sparkle to it! Find a gorgeous wedding band (NOT on eBay
) to go with it....or maybe reset the diamond into a killer setting? Perhaps someday you can turn this diamond into a pendant and upgrade to a bigger stone!
With that said, I don't understand why you didn't return the ring after he responded to your email and would honor the return. I believe at that time it was still within the return period, correct? Why did you go for an official apprasial...you must have known that doing so would put you over the 7 day return window. As others have said, you'll most likely never get your money back, especially now because you waited too long. His auction explained the return policy which he is required to uphold, which he did by agreeing to the return...even though he was shady about it.
What is done, is done. I think the only thing you can do know is file an eBay claim, which it looks like you just did. It will be interesting to see what happens, if anything to his account.
Even though the process has been stressful, you have a nice sized diamond and I'm sure it has sparkle to it! Find a gorgeous wedding band (NOT on eBay
kathleenmv
Shiny_Rock
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Aw, gee. I assumed you''d already left negative feedback and still weren''t getting anywhere (which can sometimes be the case with scurrilous sellers like this guy). I didn''t want you to rely on that alone, but rather take the advice that others had given you and take it to the next level.
So...If it were me, I''d leave negative feedback (this in addition to the other steps I hope you''re taking) not only because the experience was negative, but also to warn others. I don''t think this will hurt your chances of getting a refund. That''s already happened because you''ve let the return period lapse.
Not to sound like a broken record, but I think you should use every resource available to get your money back. Hope it all works out!
So...If it were me, I''d leave negative feedback (this in addition to the other steps I hope you''re taking) not only because the experience was negative, but also to warn others. I don''t think this will hurt your chances of getting a refund. That''s already happened because you''ve let the return period lapse.
Not to sound like a broken record, but I think you should use every resource available to get your money back. Hope it all works out!
Basically Ebay''s dispute process seems to involve nothing more than my making a statement of dissatisfaction that they forward to the seller for his response. If not satisfactory, I can "ramp it up" to get that big $175 max payment protection. Got a response from the seller today through the dispute process that we are outside of his 7 day return window but will still honor a refund if we send it back asap and give him a tracking number within 5 days.
I was going to list the negative feedback last night but didn''t because BF didn''t know if we could retract it and didn''t want to hurt our chances of getting a refund. Can we retract it? BF agreed last night that we should file the dispute then this morning said "Personally, I would have consulted an attorney!" which led to an argument because, personally, I thought he agreed with me last night that we should start the dispute. He''s aggravated and is trying to avoid talking about it because it makes him more angry. It''s his money so I don''t want to make all the decisions alone.
Guess we''ll be sending the ring back today insured with tracking and a return receipt/signature. Anything I should do beforehand like take pictures of it?
My fear is -- what if we return the ring and DON''T get the money back. If we get the refund, we''ll be relieved and ready to find a truly good ring. If we don''t, we''re out $3,500 and have to start saving for a ring all over again. I told him that I didn''t want him to lose $3500 on something I had mentioned (Ebay). BF said if we don''t get the $ back we can save for a 1/4 or 1/2 carat. Now I have a SI-1 1 carat. Not what we thought we were getting but better than being out $3500 with no ring....
Thanks again everyone! We will keep you posted on what happens.
I was going to list the negative feedback last night but didn''t because BF didn''t know if we could retract it and didn''t want to hurt our chances of getting a refund. Can we retract it? BF agreed last night that we should file the dispute then this morning said "Personally, I would have consulted an attorney!" which led to an argument because, personally, I thought he agreed with me last night that we should start the dispute. He''s aggravated and is trying to avoid talking about it because it makes him more angry. It''s his money so I don''t want to make all the decisions alone.
Guess we''ll be sending the ring back today insured with tracking and a return receipt/signature. Anything I should do beforehand like take pictures of it?
My fear is -- what if we return the ring and DON''T get the money back. If we get the refund, we''ll be relieved and ready to find a truly good ring. If we don''t, we''re out $3,500 and have to start saving for a ring all over again. I told him that I didn''t want him to lose $3500 on something I had mentioned (Ebay). BF said if we don''t get the $ back we can save for a 1/4 or 1/2 carat. Now I have a SI-1 1 carat. Not what we thought we were getting but better than being out $3500 with no ring....
Thanks again everyone! We will keep you posted on what happens.
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Pam, if you read all his feedback, you can see that people were either pleased or gave neutral feedback probably because he refunded their money. It looked to me that he would return your money if you returned the ring judging from the other feedback. He obviously wants to keep selling under his current name, and he''d like to avoid poor feedback. I would DEFINITELY wait to leave feedback now and return that ring Monday. Send it overnight in addition to insured, registered, with tracking. Then, when you get your money back, I personally would leave similar feedback as the other neutrals, item not as described but received refund. I think people got all upset when there was never any evidence that he wouldn''t give you a refund had you honored the return policy.
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kathleenmv
Shiny_Rock
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Richard Sherwood
Ideal_Rock
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The fact that the vendor is not willing to work through an escrow service makes me very leery. There is no down side to an honest vendor working through an escrow service. It is a perfectly reasonable way to make an exchange of money & diamond.
Right now you have a diamond worth about what you paid for it. If you send it back to him, and he doesn''t refund your money, you don''t have anything.
I don''t understand all this advice to send back a diamond to a vendor who has blatantly exhibited that he can''t be trusted. I think it is naive.
Keep the diamond, and you have something to show for your money. Launch all the police and legal action you want, but don''t give up the only thing you have to show for your $3500. You can prosecute him equally whether you send the diamond back or not.
Sending the diamond back would be understandable if you were dealing with a reputable vendor. Apparently, this guy is not. It''s a whole new ball game, with a different set of rules. Paramount among those rules is that "possession is 9/10th''s of the law". Give up possession, and you give up your leverage.
Right now you have a diamond worth about what you paid for it. If you send it back to him, and he doesn''t refund your money, you don''t have anything.
I don''t understand all this advice to send back a diamond to a vendor who has blatantly exhibited that he can''t be trusted. I think it is naive.
Keep the diamond, and you have something to show for your money. Launch all the police and legal action you want, but don''t give up the only thing you have to show for your $3500. You can prosecute him equally whether you send the diamond back or not.
Sending the diamond back would be understandable if you were dealing with a reputable vendor. Apparently, this guy is not. It''s a whole new ball game, with a different set of rules. Paramount among those rules is that "possession is 9/10th''s of the law". Give up possession, and you give up your leverage.
Kaleigh
Super_Ideal_Rock
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As I consumer I would feel that I would want the diamond returned and my refund however sometimes things don''t happen that way. I would say that Richard Sherwood''s advice is the safest and he is a professional and knows from experience what to advise people. As he said the diamond you got is worth what you paid for it.
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I think Richard is dead on. Don''t give up the merchandise until you see the cash. This seller seems to have indicated, over and over, that he can''t be trusted. I''m afraid if you send it back, he will keep the diamond & your money. I do think that you need to file a complaint with eBay but eBay will not be able to get your money back. You will either have to get the seller to put it in escrow or go the legal route with police, attorneys, etc.
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Rich,
Do you do much buying or selling on ebay? Have you read this seller''s feedback? He has 100% positive feedback and only three neutrals, which indicated problems that were resolved. He obviously wants to keep selling on ebay, so it is in his best interest to refund her money to try to avoid the negative feedback. I wouldn''t have bought from him to begin with due to the fuzzy description of the stones in the first place, not to mention the content of the neutral feedbacks. But there is nothing to really indicate that he won''t refund their money. I wouldn''t hesitate to send it back immediately. It really is not the seller''s fault when the buyer fails to abide by the return policy, and at this point, he wouldn''t have to refund their money. He has now agreed a second time to take the stone back, so I would send it back in a heartbeat! Dealing with ebay has a LOT of protection that buying from somewhere like the want ads does not, because the seller has EVERY buyer''s feedback posted. Heck, we sure don''t have that for any other stores anywhere else! (Like stones aren''t misrepresented EVERY day by all kinds of jewelry stores AND on certifications!)
I hate to be the swimming upstream on this but I am still sticking with the opinion and advice I originally advised you.
The logic is simple.
A) If you were offered the diamond properly having been told it really was an I-1 stone with filler - would you have bought it for the $ 3500.00 or not?
B) You decision to bid and make the purchase was made on a justifiable reliance of believing what the representation was to be factual, complet and true.
In summation, laws have been written to protect you from such acts, but they won''t help you if you don''t act to enforce them.
____________________
I agree with Richard that if he won''t honor a legitimate and reasonable method to assure you of a refund, then you are better off not sending the evidence back into his control, where you''ll need it should you decide to hold him to what he promised.
The reason that many merchants in our industry keep doing such acts, is because most consumers don''t hold them liable for the promises and benefits of the bargain that they negotiated.
If more consumers, went after such merchants, and put forth the effort to make a firm stand on received what they were promised, that would get publicized well, and less merchants would take the chance of practicing such dishonest acts with consumers.
I know it is a "pain" and at least very stressful to have to take drastic steps to take the actions that I advised you earlier, but I truly believe in the end you''ll feel better and an example would be set for other merchants that want to practice business in such a way are held to produce what they promise, and get punished should they depart from such standards of professionalism.
Rockdoc
The logic is simple.
A) If you were offered the diamond properly having been told it really was an I-1 stone with filler - would you have bought it for the $ 3500.00 or not?
B) You decision to bid and make the purchase was made on a justifiable reliance of believing what the representation was to be factual, complet and true.
In summation, laws have been written to protect you from such acts, but they won''t help you if you don''t act to enforce them.
____________________
I agree with Richard that if he won''t honor a legitimate and reasonable method to assure you of a refund, then you are better off not sending the evidence back into his control, where you''ll need it should you decide to hold him to what he promised.
The reason that many merchants in our industry keep doing such acts, is because most consumers don''t hold them liable for the promises and benefits of the bargain that they negotiated.
If more consumers, went after such merchants, and put forth the effort to make a firm stand on received what they were promised, that would get publicized well, and less merchants would take the chance of practicing such dishonest acts with consumers.
I know it is a "pain" and at least very stressful to have to take drastic steps to take the actions that I advised you earlier, but I truly believe in the end you''ll feel better and an example would be set for other merchants that want to practice business in such a way are held to produce what they promise, and get punished should they depart from such standards of professionalism.
Rockdoc
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How has he indicated over and over that he cannot be trusted for a refund? There is NO feedback on this seller to indicate anyone has not gotten a refund who requested it. The return policy is stated by every ebay seller and you understand that going into a purchase. The normal procedure unless stated otherwise is that you return the item and then you get your money refunded. Theh buyer in this case knew the rules from the outset. The warning signs were there that the deal was too good to be true. The seller did suggest but not guarantee a higher quality than the stone actually was. (And anyone who has seen an EGL certified stone may have had the same experience!). I am not taking up for him. There are honest and dishonest sellers on ebay. But the buyer has the responsibility to read the feedback and be suspicious when a deal is too good to be true. The seller has agreed to take back the stone. He had a return policy to begin with and the stone should have been sent back within the 7 day return period. Several of us urged her to do that, but she didn''t. She now has a second chance to send it back, and I cannot see what ebay or the police could do if the buyer remains unhappy but refuses to return the item!
Mara
Super_Ideal_Rock
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Rich has a good point re: not trusting that the guy does not wanting to use escrow...
I would be leery if the guy said he would give me my money back but I had to send the diamond first and he was not willing to use a 3rd party like escrow to ensure that all was legitimate.
If you have done anything on eBay, you know feedback is not a reliable recommendation at all. Someone can leave a neutral basically saying negative things and it won''t affect their rating at all. It''s such a hack part of eBay.
A great way to check out feedback on eBay, even retracted, all negatives at once etc is www.toolhaus.org. I''d type this seller in there and see what comes up.
I''d push for escrow unless she really doesn''t want to see that $3500 or the ring ever again. He surely COULD give her the money back but why won''t he just use escrow????
I would be leery if the guy said he would give me my money back but I had to send the diamond first and he was not willing to use a 3rd party like escrow to ensure that all was legitimate.
If you have done anything on eBay, you know feedback is not a reliable recommendation at all. Someone can leave a neutral basically saying negative things and it won''t affect their rating at all. It''s such a hack part of eBay.
A great way to check out feedback on eBay, even retracted, all negatives at once etc is www.toolhaus.org. I''d type this seller in there and see what comes up.
I''d push for escrow unless she really doesn''t want to see that $3500 or the ring ever again. He surely COULD give her the money back but why won''t he just use escrow????
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Mara, why should he use escrow when that was not part of the original return agreement and the buyer knew that before the purchase? How does the buyer get to change the rules after the sale? Logically I see your point, but that is not the way ebay works. The return conditions are stated up front.
Mara
Super_Ideal_Rock
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sure but he is already making an exception supposedly for her after the return period expired...so since she has NO leg to stand on, why wouldn''t he ease her fears and agree to escrow? instead first he told her no refund. now he tells her okay. i mean would you really be ready to trust this guy full out? i wouldn''t. he seemed like he was not going to be cooperative at first and now suddenly he''s fine with it?
if he is making the exception and letting her return the ring outside of the approved return time period, what assurance does SHE have that he will refund her money? none. so in this case i would see escrow as a reasonable option and if he doesn''t agree THEN i would really be leery (more so than before!).
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I''m with Diamonseeker here. Many of us, myself included advised PRC to return the ring during the agreed upon 7 day return time frame. She did not. At no time during this transaction did the seller agree to an escrow refund process. Had the ring been returned during the return time, would an escrow agent have been involved. Of course not.
This is the best example of why someone should not ever buy something as important as an e-ring from an ebay seller. But Prc and her fiance believed a deal that was too good to be true, but they somehow stumbled on the deal of the century. Certainly as PS''ers they knew what 1 carat high quality stones cost.
So, now the seller has again agreed to take the stone back and in return refund their money. They should send the stone back immediately. It should be insured and registered. A letter should accompany the ring demanding full payment within X number of days. Return receipt will prove the merchandise was accepted and signed for.
Then, if there is no refund in the demanded number of days (7 days should be a reasonable period of time), then legal action would be appropriate and necessary.
Prc, don''t delay this time. You have a window of opportunity and you must take it. Remember, this guy is under no obligation to take the ring back, nor refund your money. Even if he misrepresented the stone, you had 7 days to return the ring and you did not.
As Nike says. JUST DO IT!
This is the best example of why someone should not ever buy something as important as an e-ring from an ebay seller. But Prc and her fiance believed a deal that was too good to be true, but they somehow stumbled on the deal of the century. Certainly as PS''ers they knew what 1 carat high quality stones cost.
So, now the seller has again agreed to take the stone back and in return refund their money. They should send the stone back immediately. It should be insured and registered. A letter should accompany the ring demanding full payment within X number of days. Return receipt will prove the merchandise was accepted and signed for.
Then, if there is no refund in the demanded number of days (7 days should be a reasonable period of time), then legal action would be appropriate and necessary.
Prc, don''t delay this time. You have a window of opportunity and you must take it. Remember, this guy is under no obligation to take the ring back, nor refund your money. Even if he misrepresented the stone, you had 7 days to return the ring and you did not.
As Nike says. JUST DO IT!
I agree with Rob. Honestly, I think the guy is going to give you a refund if you send the ring back. He''s had similar problems in the past, judging from his feedback and he always gave them their money back. He may not want to use an escrow just because there have been many, many cases of fraudulent escrow services on eBay. Just send it back ASAP. I''ll be wishing for the best.
Thanks again everyone! So much food for thought.
Rod - In our "defense", I only found Pricescope a little over a week ago when this all started going horribly wrong (although I know it seems much longer!
). Our only diamond shopping experience had been going to some pawn shops where we saw some 1 carat rings for $3000-$4000 and we went to a local high-end jewelry store where we looked at a .75 SI1 stone priced at $3300 and to pawn shops. 14 years ago, I was engaged with a 1/2 ct ring from Leroy''s that we never thought to question the quality. It was $800 "on sale" and we thought it looked good. BF had just got $5000 in a windfall and we were excited to find what we thought was a good deal, but not so crazy that it would be a false. We thought we would get a good ring. We were such uneducated novices. We know so much more now, but still not near enough.
Also, to diamondseeker - we bid on the ring in late January before the seller''s "neutral" feedback had been left from the buyers and before he returned the favor with the horrible negative feedback for the buyers. We questioned him via emails before we sent any money. He promised to send an appraisal from an independent gemologist stating exactly what he claimed the ring to be. We could return it in 7 days. No negative or neutral feedback had been posted for him. He seemed honest and upfront.
Then we received the ring and thought it was great until, within the 7 day return period, I looked more closely at the appraisal from "GRA" and realized the seller had mentioned a GIA trained appraiser and asked him about it and he said he never said GIA. When my google search found little info about GRA, I stumbled upon Pricescope and posted for the first time. We then saw the "neutral" buyer feedback and took it to the jeweler for his opinion.... and found Pricescope. I emailed the seller a few days into the auction and asked how to get a refund if we decided to do so. 2 or more days passed and he didn''t respond until I put a deadline for response and he said he wouldn''t allow a return. Then the 7 days were up.
My logic with getting the appraisal was - if this ring is what the seller promised, we''ll keep it and know we got a good deal. If the appraisal shows we were misled, then what do we do? Send the ring back? Keep it and make sure I don''t get my hand near fire, blow torches or acid so I don''t damage the enhancement? I asked the seller if the ring was clarity enhanced and he said no. He hasn''t told me the name of the appraiser.
Rod - In our "defense", I only found Pricescope a little over a week ago when this all started going horribly wrong (although I know it seems much longer!
Also, to diamondseeker - we bid on the ring in late January before the seller''s "neutral" feedback had been left from the buyers and before he returned the favor with the horrible negative feedback for the buyers. We questioned him via emails before we sent any money. He promised to send an appraisal from an independent gemologist stating exactly what he claimed the ring to be. We could return it in 7 days. No negative or neutral feedback had been posted for him. He seemed honest and upfront.
Then we received the ring and thought it was great until, within the 7 day return period, I looked more closely at the appraisal from "GRA" and realized the seller had mentioned a GIA trained appraiser and asked him about it and he said he never said GIA. When my google search found little info about GRA, I stumbled upon Pricescope and posted for the first time. We then saw the "neutral" buyer feedback and took it to the jeweler for his opinion.... and found Pricescope. I emailed the seller a few days into the auction and asked how to get a refund if we decided to do so. 2 or more days passed and he didn''t respond until I put a deadline for response and he said he wouldn''t allow a return. Then the 7 days were up.
My logic with getting the appraisal was - if this ring is what the seller promised, we''ll keep it and know we got a good deal. If the appraisal shows we were misled, then what do we do? Send the ring back? Keep it and make sure I don''t get my hand near fire, blow torches or acid so I don''t damage the enhancement? I asked the seller if the ring was clarity enhanced and he said no. He hasn''t told me the name of the appraiser.
mrssalvo
Super_Ideal_Rock
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Wow, we''ll I do a lot of buying and selling on ebay. I think I must side with Rich on not just willingly sending the ring back and losing your leverage. I would be concerned he might try and say you didn''t send him back the same stone he sent you or some other shady excuse to not issue you the refund. It''s interesting to me that he require''s a cashier''s check for payment but wouldn''t accept using an escrow account for the return
. I''d be inclined to set up the return that way despite what he says. I wouldn''t ask, i''d tell him. I would probably email and say, thank you so very much for you willingness to allow me to return this stone. I will be setting up and escrow acct. for the exchange and will forward you all of the info once I have it. thanks again...or something like that. I know some have suggested just sending it back and the seller could very well refund the $ and all would be well, but under the circumstances, I''d be extra careful because you have no recourse if he doesn''t refund the money. If you would have paid with a credit card you have a huge heavy weight in you corner. Without that type of leverage, you''d be out $$ and the stone..
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I, too, am an eBay seller, have been a Power Seller, & have bought items on eBay. I know eBay policies & procedures forwards & backwards and there is very little eBay can do in this instance, although filing a complaint is the right thing to do. I understand what some of you are saying about sending the diamond back, but I still think Richard is right. To send it back requires a big leap of faith that I''m not sure I would be willing to do.
The seller has said that he didn''t sell a clarity enhanced diamond & that he''d have to check it before he could issue a refund. That makes me think that he''s probably going to say that it''s not the same diamond that he sent. The buyer did not pay with a credit card & has no leverage if the seller does indeed keep the diamond & the $$$. I read in one of the replies that the seller''s neutral feedback indicated that he had refunded a couple of people. If that is the case, maybe I''d take the gamble, but I''d have to be prepared to never see a dime or have the diamond, because that is a likely outcome.
The seller has said that he didn''t sell a clarity enhanced diamond & that he''d have to check it before he could issue a refund. That makes me think that he''s probably going to say that it''s not the same diamond that he sent. The buyer did not pay with a credit card & has no leverage if the seller does indeed keep the diamond & the $$$. I read in one of the replies that the seller''s neutral feedback indicated that he had refunded a couple of people. If that is the case, maybe I''d take the gamble, but I''d have to be prepared to never see a dime or have the diamond, because that is a likely outcome.
Slykat12
Shiny_Rock
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Rock Doc Said :
"The reason that many merchants in our industry keep doing such acts, is because most consumers don't hold them liable for the promises and benefits of the bargain that they negotiated.
If more consumers, went after such merchants, and put forth the effort to make a firm stand on received what they were promised, that would get publicized well, and less merchants would take the chance of practicing such dishonest acts with consumers."
Here Here!!! I am suing Expo Design Center for treble damages due to out and out misrepresentation of a product as expensive as your stone !!! I am going to buy a Richard Homer with the profit!!!
What I want to know is why we are still talking about this? Didn't we all tell you what to do days ago. All this great advice.
IMHO since you have email proof you asked to send it back under the 7 day mark he purposely stretched out that time by ignoring you he must honor that. Also what is it with these Monkeys leaving Neutral comments!!! He is a crook why are they being nice?
I am curious what city is he based out of?
Ohhhh olympic's
are back on. I love Apollo Onoooo.
"The reason that many merchants in our industry keep doing such acts, is because most consumers don't hold them liable for the promises and benefits of the bargain that they negotiated.
If more consumers, went after such merchants, and put forth the effort to make a firm stand on received what they were promised, that would get publicized well, and less merchants would take the chance of practicing such dishonest acts with consumers."
Here Here!!! I am suing Expo Design Center for treble damages due to out and out misrepresentation of a product as expensive as your stone !!! I am going to buy a Richard Homer with the profit!!!
What I want to know is why we are still talking about this? Didn't we all tell you what to do days ago. All this great advice.
IMHO since you have email proof you asked to send it back under the 7 day mark he purposely stretched out that time by ignoring you he must honor that. Also what is it with these Monkeys leaving Neutral comments!!! He is a crook why are they being nice?
I am curious what city is he based out of?
Ohhhh olympic's
Slykat12
Shiny_Rock
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))))))
orbaya
Brilliant_Rock
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orbaya
Brilliant_Rock
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Can the seller not accept the return if she insists on an escrow service? She has an email from him saying he won''t use one, so can he legally refuse the return if she insists?Date: 2/26/2006 12:08:50 AM
Author: mrssalvo
Wow, we''ll I do a lot of buying and selling on ebay. I think I must side with Rich on not just willingly sending the ring back and losing your leverage. I would be concerned he might try and say you didn''t send him back the same stone he sent you or some other shady excuse to not issue you the refund. It''s interesting to me that he require''s a cashier''s check for payment but wouldn''t accept using an escrow account for the return. I''d be inclined to set up the return that way despite what he says. I wouldn''t ask, i''d tell him. I would probably email and say, thank you so very much for you willingness to allow me to return this stone. I will be setting up and escrow acct. for the exchange and will forward you all of the info once I have it. thanks again...or something like that. I know some have suggested just sending it back and the seller could very well refund the $ and all would be well, but under the circumstances, I''d be extra careful because you have no recourse if he doesn''t refund the money. If you would have paid with a credit card you have a huge heavy weight in you corner. Without that type of leverage, you''d be out $$ and the stone..
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