I got scammed out of $435.00 by Troy Emi (owner) so proceed at your own risk. He already had a complaint with the Better Business Bureau but here's my incident. Bought an item online and even checked with him personally over phone regarding the condition of item which he confirms as brand new and never opened before. As I received item, clearly it has been opened before with BOTH factory seals (top and bottom) removed and inside plastic blistering were torn to pieces. As I emailed him with issue, he claims that ONLY the inner content (actual item) is new and blames me for not being specific with my questions regarding the mint condition of overall item which includes the toy box, seal and inner packaging.
He states over our initial phone conversation that he hates taking returns but reluctantly agrees to accept my return and says he will provide refund once item is shipped back. Never got a reply while my 9534 6130 0887 6272 0253 05 USPS tracking number says item already delivered. Please see attached photo proof of receipt. Got ignored so I had to email again and he eventually replied but claims he never received it. I informed him item was delivered during normal operating business hours but he argues it doesn't matter because he was at the NY Comic Con so his store was closed. He suggests that it must have been stolen and blames me for not having insurance or signature confirmation.
Insurance and signature confirmation isn't required and I'm not responsible for your personal itineraries or sudden departure. Of course you're allowed to travel at will but leaving absolutely no one in charge to cover your responsibilities in your absence is your fault. I did MY part by shipping it back as you agreed but did you do YOUR part by taking necessary precautions on your end? NO, you simply left and abandoned my return package. And worse is leaving no one appointed to cover your duties while you were away.
Had you simply informed your customers when or when NOT to ship due to certain schedule conflicts, I would've then made necessary arrangements. Absolutely no restrictions was relayed to me and I STILL have all the emails to prove it. Shipped back as you instructed but my fault you were away at the time of delivery? You blame me when you bailed or suddenly skipped town without any notification?
Because my return process was neglected due to your trip, you created a void where a number of incidents could've occurred. In this case, someone else must have stolen it assuming this story of yours is authentic. If so, this honestly surprising to you when you deliberately allowed the opportunity to occur? Let's recalculate, you knew something was in the process of being returned to you. Next, you "closed shop" and left for comic con but never bothered to have somebody appointed to intercept my return in your absence. So to conclude, your return process has gaps and holes which created our incident of missing package. But I'm to blame when you orchestrated everything on your end the way you did?
He goes, "I'll check with nearby businesses to see if they have it." Why would they have it? USPS tracking number says it was delivered to YOUR specific returning address during regular operating business hours as depicted online. I wasn't given a different address to send it back to so are you claiming that you instructed a good neighbor to somehow handled your returns while you were away? If so, then THEY dropped the ball. If not, then YOU dropped the ball cause no one was appointed to handle my return in your absence. So the fact that you're just NOW checking nearby businesses and residents for my return package is completely unnecessary had you took precautionary measures for it to be properly handled in your absence to begin with!
I mean seriously, you never made any pre arrangements or plans for my return to be accepted by anyone PRIOR in your absence in the FIRST PLACE!? So you're just NOW making the attempt to recover what you already knew was coming back to you as we discussed in the emails? If that's the case, OF COURSE it went missing! What did you honestly expect when you neglect packages and made no attempts to intercept my return during your trip? At what point and time precisely did you ultimately conclude that my item was no longer an issue to be concerned with? I'm guessing at some point you must have said, "Screw it. I'm off to the Comic Con. Forget this guy." Your reckless actions deliberately invited the opportunity for package to go missing.
You KNEW something was in the process of coming back. Why would you close shop AND at the SAME time, made absolutely no plans whatsoever for my return to be intercepted by anyone else in the process? Hmmmm interesting right? This has something to do with the fact that you told me over the phone that you HATE taking returns because these are collectible items? Plot thickens.
Every retailer has a returns dept. which systematically handles returns during normal operating business hours. USPS confirms drop off within those specific hours but you decided to leave it abandoned and unattended. It's like you abandoning a infant child in a hot car. You going to blame the police because they didn't save your child in time? Unbelievable.
Refused to provide refund so I filed a dispute claim with my credit card. My bank escalated my case to Visa Arbitration and believe it or not, Visa took HIS side and said I provided no proof that item was sent back. Visa did not agree that USPS tracking was considered proof and found the case in favor of Troy Emi. Let this be a lesson to those who use VISA and tries to file a claim. DON'T use Visa because they will always favor the merchant regardless of what proof you have. From now on, it's strictly PayPal for me. I contacted Troy again and notified if refund is not issued, I have no choice but to post my incident online. He replies saying that Visa Arbitration found judgement in my favor and even provided a letter by Visa which states I won dispute. Letter he emailed me seems to support his statement but I dug deeper with my bank and found out the truth. That letter by Visa Arbitration where I "won" dispute was mailed to Troy by mistake on the 29th of December (see attachment). Visa immediately sends Troy a 2ND letter the following day on the 30th confirming that he actually won the case (see attachment)! Please view both letters attached as proof. Troy emailed me the initial wrong letter (29th) saying I won trying to throw me off.
And to think of it, he's been lying from the very start regarding the condition of item which caused all this to begin with. I confronted him with this new evidence and BIG surprise, never heard from him since. So to recap, owner personally states brand new over the phone but actually meant the inner contents ONLY when later confronted. Blamed me for not being specific when inquiring about his products and its overall condition. Claims he never received my return when proof of delivery has been confirmed by USPS tracking. Gave me the wrong letter saying I should have gotten my money back when he had my money all along. Everything he tells me on his end is precisely the opposite of what I uncovered here on my end. Sells used items from his comic shop and lists them as new. When you uncover the truth and send back, he denies ever receiving and you're out of luck.
I'm certain he received my returned item like tracking number states but decided to capitalize that signature confirmation wasn't used. If there's no signature to prove item was accepted, there's basically no proof that he ever received it. THIS is the game he's playing. First he ripped off Matthew Vizcaino and now me. Notice the similarities from our incidents and seek your collectibles elsewhere.
I got scammed out of $435.00 by Troy Emi (owner) so proceed at your own risk. He already had a complaint with the Better Business Bureau but here's my incident. Bought an item online and even checked with him personally over phone regarding the condition of item which he confirms as brand new and never opened before. As I received item, clearly it has been opened before with BOTH factory seals (top and bottom) removed and inside plastic blistering were torn to pieces. As I emailed him with issue, he claims that ONLY the inner content (actual item) is new and blames me for not being specific with my questions regarding the mint condition of overall item which includes the toy box, seal and inner packaging.
He states over our initial phone conversation that he hates taking returns but reluctantly agrees to accept my return and says he will provide refund once item is shipped back. Never got a reply while my 9534 6130 0887 6272 0253 05 USPS tracking number says item already delivered. Please see attached photo proof of receipt. Got ignored so I had to email again and he eventually replied but claims he never received it. I informed him item was delivered during normal operating business hours but he argues it doesn't matter because he was at the NY Comic Con so his store was closed. He suggests that it must have been stolen and blames me for not having insurance or signature confirmation.
Insurance and signature confirmation isn't required and I'm not responsible for your personal itineraries or sudden departure. Of course you're allowed to travel at will but leaving absolutely no one in charge to cover your responsibilities in your absence is your fault. I did MY part by shipping it back as you agreed but did you do YOUR part by taking necessary precautions on your end? NO, you simply left and abandoned my return package. And worse is leaving no one appointed to cover your duties while you were away.
Had you simply informed your customers when or when NOT to ship due to certain schedule conflicts, I would've then made necessary arrangements. Absolutely no restrictions was relayed to me and I STILL have all the emails to prove it. Shipped back as you instructed but my fault you were away at the time of delivery? You blame me when you bailed or suddenly skipped town without any notification?
Because my return process was neglected due to your trip, you created a void where a number of incidents could've occurred. In this case, someone else must have stolen it assuming this story of yours is authentic. If so, this honestly surprising to you when you deliberately allowed the opportunity to occur? Let's recalculate, you knew something was in the process of being returned to you. Next, you "closed shop" and left for comic con but never bothered to have somebody appointed to intercept my return in your absence. So to conclude, your return process has gaps and holes which created our incident of missing package. But I'm to blame when you orchestrated everything on your end the way you did?
He goes, "I'll check with nearby businesses to see if they have it." Why would they have it? USPS tracking number says it was delivered to YOUR specific returning address during regular operating business hours as depicted online. I wasn't given a different address to send it back to so are you claiming that you instructed a good neighbor to somehow handled your returns while you were away? If so, then THEY dropped the ball. If not, then YOU dropped the ball cause no one was appointed to handle my return in your absence. So the fact that you're just NOW checking nearby businesses and residents for my return package is completely unnecessary had you took precautionary measures for it to be properly handled in your absence to begin with!
I mean seriously, you never made any pre arrangements or plans for my return to be accepted by anyone PRIOR in your absence in the FIRST PLACE!? So you're just NOW making the attempt to recover what you already knew was coming back to you as we discussed in the emails? If that's the case, OF COURSE it went missing! What did you honestly expect when you neglect packages and made no attempts to intercept my return during your trip? At what point and time precisely did you ultimately conclude that my item was no longer an issue to be concerned with? I'm guessing at some point you must have said, "Screw it. I'm off to the Comic Con. Forget this guy." Your reckless actions deliberately invited the opportunity for package to go missing.
You KNEW something was in the process of coming back. Why would you close shop AND at the SAME time, made absolutely no plans whatsoever for my return to be intercepted by anyone else in the process? Hmmmm interesting right? This has something to do with the fact that you told me over the phone that you HATE taking returns because these are collectible items? Plot thickens.
Every retailer has a returns dept. which systematically handles returns during normal operating business hours. USPS confirms drop off within those specific hours but you decided to leave it abandoned and unattended. It's like you abandoning a infant child in a hot car. You going to blame the police because they didn't save your child in time? Unbelievable.
Refused to provide refund so I filed a dispute claim with my credit card. My bank escalated my case to Visa Arbitration and believe it or not, Visa took HIS side and said I provided no proof that item was sent back. Visa did not agree that USPS tracking was considered proof and found the case in favor of Troy Emi. Let this be a lesson to those who use VISA and tries to file a claim. DON'T use Visa because they will always favor the merchant regardless of what proof you have. From now on, it's strictly PayPal for me. I contacted Troy again and notified if refund is not issued, I have no choice but to post my incident online. He replies saying that Visa Arbitration found judgement in my favor and even provided a letter by Visa which states I won dispute. Letter he emailed me seems to support his statement but I dug deeper with my bank and found out the truth. That letter by Visa Arbitration where I "won" dispute was mailed to Troy by mistake on the 29th of December (see attachment). Visa immediately sends Troy a 2ND letter the following day on the 30th confirming that he actually won the case (see attachment)! Please view both letters attached as proof. Troy emailed me the initial wrong letter (29th) saying I won trying to throw me off.
And to think of it, he's been lying from the very start regarding the condition of item which caused all this to begin with. I confronted him with this new evidence and BIG surprise, never heard from him since. So to recap, owner personally states brand new over the phone but actually meant the inner contents ONLY when later confronted. Blamed me for not being specific when inquiring about his products and its overall condition. Claims he never received my return when proof of delivery has been confirmed by USPS tracking. Gave me the wrong letter saying I should have gotten my money back when he had my money all along. Everything he tells me on his end is precisely the opposite of what I uncovered here on my end. Sells used items from his comic shop and lists them as new. When you uncover the truth and send back, he denies ever receiving and you're out of luck.
I'm certain he received my returned item like tracking number states but decided to capitalize that signature confirmation wasn't used. If there's no signature to prove item was accepted, there's basically no proof that he ever received it. THIS is the game he's playing. First he ripped off Matthew Vizcaino and now me. Notice the similarities from our incidents and seek your collectibles elsewhere.
The customer placed an order through our website in the middle of the night, with the note attached "Brand new mint in sealed box? I don't wish to receive a return. Any more of this or just one? I want to buy more thanks."
Before we opened for business the next morning, we received five separate e-mails and three voicemails:
* Hi and sorry to bother you but please cancel this order. I actually need more than one and found another supplier with discount shipping. I apologize for the inconvenience.
* Hello and sorry for inconvenience. Please cancel my order number of 6491. I found another retailer that sells more quantity. Thanks much and I apologize for the inconvenience.
* 6491 is my order number and please cancel. I wanted more than 1 and think I found it elsewhere. Thanks and sorry for the inconvenience.
* tell u what, can you guys price match 340 + plus shipping? save us both the trouble of canceling. Thanks and please let me know.
* #6491 instead of canceling, can u price match 340 + shipping? save us both the trouble. If not, please cancel. Thanks.
We were just about to void his order when he called and spoke to me. I informed him that all statues are opened and inspected for quality control. (We have a limited time where we can send an item back to a manufacturer should there be any cracks, breaks or paint issues.) It states the same in the Terms of Service on our website. The customer decided he still wanted the item and we shipped it.
Upon arrival we were then contacted by the customer stating that the plastic packaging, inside the two cardboard boxes, was cracked, but the statue itself was fine. However since he was looking to re-sell this himself online, he now wants to return it. In the multiple e-mails regarding this, he states over and over that we stated this item was factory sealed. As anyone that has ever spoken to us at the shop, at a convention or even reads our eBay listings, we clearly state all statues are opened and inspected. So every message where the customer states we told him its factory sealed is incorrect.
We agreed to take the return. This was stated in an e-mail on 9/14/16. The customer agreed to send it back and we then heard nothing. We left to do our largest show of the year, New York Comic Con, on 10/4/16. As of that date there was no package arrival and no communication to us. We were eventually e-mailed on 10/10/16 that the statue was sent back that past Thursday, 9/28/16. As the customer states, we did not have anyone here to receive a package, as we had no idea when, or if, it was even being shipped back. There was a two week wait before sending it back, no communication to us for 26 days from the same person that contacted us with 14 e-mails and 5 phone calls. If at any time prior to the expected package arrival date the customer reached out and told us it shipped back and/or provide a tracking number we would have had someone hear to receive the package.
As for stating we ignored his e-mails, we replied back to the every e-mail we received the same day.
The customer had also accused us of lying that our store was even closed, even though it clearly stated on the front page of our website we were away at New York Comic Con, our e-mail and voicemail had an automatic reply stating we were away and we are very active on social media, showing our booth off at NYCC.
The customer then opened a credit card charge back, which we replied back to with all the information we had, and the credit card company decided in our favor. The customer appealed and it went to arbitration. We received a letter from the credit card company, on 1/9/17 stating we lost the appeal. The customer contacted us again (1/9/17) and we stated the above and even provided a scanned copy of the letter. When the customer replied again we didn't understand the reply, as it was worded in a way that sounded like he had lost the appeal, and we contacted the credit card company. They stated that these form letters are automatically mailed and they sent us the wrong one (the correct one was in on its way) and that letter stated the arbitrator sided with us. This letter was received by mail two days later.
The customer then contacted us on 4/7/17. Again stating everything I've stated above and again stating that I told him the item was factory sealed, which we never, ever do. At this point he stated that if we do not refund the money he will be leaving a negative Yelp review and filing a complaint with the BBB, which to date he has not yet done.
We've been in business over seven years and yes we have one complaint with the BBB, to which we replied and provided all the documentation supporting our side of the story. The BBB decided there was no action to be taken on their part.
Fanboy Collectibles Reviews
I got scammed out of $435.00 by Troy Emi (owner) so proceed at your own risk. He already had a complaint with the Better Business Bureau but here's my incident. Bought an item online and even checked with him personally over phone regarding the condition of item which he confirms as brand new and never opened before. As I received item, clearly it has been opened before with BOTH factory seals (top and bottom) removed and inside plastic blistering were torn to pieces. As I emailed him with issue, he claims that ONLY the inner content (actual item) is new and blames me for not being specific with my questions regarding the mint condition of overall item which includes the toy box, seal and inner packaging.
He states over our initial phone conversation that he hates taking returns but reluctantly agrees to accept my return and says he will provide refund once item is shipped back. Never got a reply while my 9534 6130 0887 6272 0253 05 USPS tracking number says item already delivered. Please see attached photo proof of receipt. Got ignored so I had to email again and he eventually replied but claims he never received it. I informed him item was delivered during normal operating business hours but he argues it doesn't matter because he was at the NY Comic Con so his store was closed. He suggests that it must have been stolen and blames me for not having insurance or signature confirmation.
Insurance and signature confirmation isn't required and I'm not responsible for your personal itineraries or sudden departure. Of course you're allowed to travel at will but leaving absolutely no one in charge to cover your responsibilities in your absence is your fault. I did MY part by shipping it back as you agreed but did you do YOUR part by taking necessary precautions on your end? NO, you simply left and abandoned my return package. And worse is leaving no one appointed to cover your duties while you were away.
Had you simply informed your customers when or when NOT to ship due to certain schedule conflicts, I would've then made necessary arrangements. Absolutely no restrictions was relayed to me and I STILL have all the emails to prove it. Shipped back as you instructed but my fault you were away at the time of delivery? You blame me when you bailed or suddenly skipped town without any notification?
Because my return process was neglected due to your trip, you created a void where a number of incidents could've occurred. In this case, someone else must have stolen it assuming this story of yours is authentic. If so, this honestly surprising to you when you deliberately allowed the opportunity to occur? Let's recalculate, you knew something was in the process of being returned to you. Next, you "closed shop" and left for comic con but never bothered to have somebody appointed to intercept my return in your absence. So to conclude, your return process has gaps and holes which created our incident of missing package. But I'm to blame when you orchestrated everything on your end the way you did?
He goes, "I'll check with nearby businesses to see if they have it." Why would they have it? USPS tracking number says it was delivered to YOUR specific returning address during regular operating business hours as depicted online. I wasn't given a different address to send it back to so are you claiming that you instructed a good neighbor to somehow handled your returns while you were away? If so, then THEY dropped the ball. If not, then YOU dropped the ball cause no one was appointed to handle my return in your absence. So the fact that you're just NOW checking nearby businesses and residents for my return package is completely unnecessary had you took precautionary measures for it to be properly handled in your absence to begin with!
I mean seriously, you never made any pre arrangements or plans for my return to be accepted by anyone PRIOR in your absence in the FIRST PLACE!? So you're just NOW making the attempt to recover what you already knew was coming back to you as we discussed in the emails? If that's the case, OF COURSE it went missing! What did you honestly expect when you neglect packages and made no attempts to intercept my return during your trip? At what point and time precisely did you ultimately conclude that my item was no longer an issue to be concerned with? I'm guessing at some point you must have said, "Screw it. I'm off to the Comic Con. Forget this guy." Your reckless actions deliberately invited the opportunity for package to go missing.
You KNEW something was in the process of coming back. Why would you close shop AND at the SAME time, made absolutely no plans whatsoever for my return to be intercepted by anyone else in the process? Hmmmm interesting right? This has something to do with the fact that you told me over the phone that you HATE taking returns because these are collectible items? Plot thickens.
Every retailer has a returns dept. which systematically handles returns during normal operating business hours. USPS confirms drop off within those specific hours but you decided to leave it abandoned and unattended. It's like you abandoning a infant child in a hot car. You going to blame the police because they didn't save your child in time? Unbelievable.
Refused to provide refund so I filed a dispute claim with my credit card. My bank escalated my case to Visa Arbitration and believe it or not, Visa took HIS side and said I provided no proof that item was sent back. Visa did not agree that USPS tracking was considered proof and found the case in favor of Troy Emi. Let this be a lesson to those who use VISA and tries to file a claim. DON'T use Visa because they will always favor the merchant regardless of what proof you have. From now on, it's strictly PayPal for me. I contacted Troy again and notified if refund is not issued, I have no choice but to post my incident online. He replies saying that Visa Arbitration found judgement in my favor and even provided a letter by Visa which states I won dispute. Letter he emailed me seems to support his statement but I dug deeper with my bank and found out the truth. That letter by Visa Arbitration where I "won" dispute was mailed to Troy by mistake on the 29th of December (see attachment). Visa immediately sends Troy a 2ND letter the following day on the 30th confirming that he actually won the case (see attachment)! Please view both letters attached as proof. Troy emailed me the initial wrong letter (29th) saying I won trying to throw me off.
And to think of it, he's been lying from the very start regarding the condition of item which caused all this to begin with. I confronted him with this new evidence and BIG surprise, never heard from him since. So to recap, owner personally states brand new over the phone but actually meant the inner contents ONLY when later confronted. Blamed me for not being specific when inquiring about his products and its overall condition. Claims he never received my return when proof of delivery has been confirmed by USPS tracking. Gave me the wrong letter saying I should have gotten my money back when he had my money all along. Everything he tells me on his end is precisely the opposite of what I uncovered here on my end. Sells used items from his comic shop and lists them as new. When you uncover the truth and send back, he denies ever receiving and you're out of luck.
I'm certain he received my returned item like tracking number states but decided to capitalize that signature confirmation wasn't used. If there's no signature to prove item was accepted, there's basically no proof that he ever received it. THIS is the game he's playing. First he ripped off Matthew Vizcaino and now me. Notice the similarities from our incidents and seek your collectibles elsewhere.
I got scammed out of $435.00 by Troy Emi (owner) so proceed at your own risk. He already had a complaint with the Better Business Bureau but here's my incident. Bought an item online and even checked with him personally over phone regarding the condition of item which he confirms as brand new and never opened before. As I received item, clearly it has been opened before with BOTH factory seals (top and bottom) removed and inside plastic blistering were torn to pieces. As I emailed him with issue, he claims that ONLY the inner content (actual item) is new and blames me for not being specific with my questions regarding the mint condition of overall item which includes the toy box, seal and inner packaging.
He states over our initial phone conversation that he hates taking returns but reluctantly agrees to accept my return and says he will provide refund once item is shipped back. Never got a reply while my 9534 6130 0887 6272 0253 05 USPS tracking number says item already delivered. Please see attached photo proof of receipt. Got ignored so I had to email again and he eventually replied but claims he never received it. I informed him item was delivered during normal operating business hours but he argues it doesn't matter because he was at the NY Comic Con so his store was closed. He suggests that it must have been stolen and blames me for not having insurance or signature confirmation.
Insurance and signature confirmation isn't required and I'm not responsible for your personal itineraries or sudden departure. Of course you're allowed to travel at will but leaving absolutely no one in charge to cover your responsibilities in your absence is your fault. I did MY part by shipping it back as you agreed but did you do YOUR part by taking necessary precautions on your end? NO, you simply left and abandoned my return package. And worse is leaving no one appointed to cover your duties while you were away.
Had you simply informed your customers when or when NOT to ship due to certain schedule conflicts, I would've then made necessary arrangements. Absolutely no restrictions was relayed to me and I STILL have all the emails to prove it. Shipped back as you instructed but my fault you were away at the time of delivery? You blame me when you bailed or suddenly skipped town without any notification?
Because my return process was neglected due to your trip, you created a void where a number of incidents could've occurred. In this case, someone else must have stolen it assuming this story of yours is authentic. If so, this honestly surprising to you when you deliberately allowed the opportunity to occur? Let's recalculate, you knew something was in the process of being returned to you. Next, you "closed shop" and left for comic con but never bothered to have somebody appointed to intercept my return in your absence. So to conclude, your return process has gaps and holes which created our incident of missing package. But I'm to blame when you orchestrated everything on your end the way you did?
He goes, "I'll check with nearby businesses to see if they have it." Why would they have it? USPS tracking number says it was delivered to YOUR specific returning address during regular operating business hours as depicted online. I wasn't given a different address to send it back to so are you claiming that you instructed a good neighbor to somehow handled your returns while you were away? If so, then THEY dropped the ball. If not, then YOU dropped the ball cause no one was appointed to handle my return in your absence. So the fact that you're just NOW checking nearby businesses and residents for my return package is completely unnecessary had you took precautionary measures for it to be properly handled in your absence to begin with!
I mean seriously, you never made any pre arrangements or plans for my return to be accepted by anyone PRIOR in your absence in the FIRST PLACE!? So you're just NOW making the attempt to recover what you already knew was coming back to you as we discussed in the emails? If that's the case, OF COURSE it went missing! What did you honestly expect when you neglect packages and made no attempts to intercept my return during your trip? At what point and time precisely did you ultimately conclude that my item was no longer an issue to be concerned with? I'm guessing at some point you must have said, "Screw it. I'm off to the Comic Con. Forget this guy." Your reckless actions deliberately invited the opportunity for package to go missing.
You KNEW something was in the process of coming back. Why would you close shop AND at the SAME time, made absolutely no plans whatsoever for my return to be intercepted by anyone else in the process? Hmmmm interesting right? This has something to do with the fact that you told me over the phone that you HATE taking returns because these are collectible items? Plot thickens.
Every retailer has a returns dept. which systematically handles returns during normal operating business hours. USPS confirms drop off within those specific hours but you decided to leave it abandoned and unattended. It's like you abandoning a infant child in a hot car. You going to blame the police because they didn't save your child in time? Unbelievable.
Refused to provide refund so I filed a dispute claim with my credit card. My bank escalated my case to Visa Arbitration and believe it or not, Visa took HIS side and said I provided no proof that item was sent back. Visa did not agree that USPS tracking was considered proof and found the case in favor of Troy Emi. Let this be a lesson to those who use VISA and tries to file a claim. DON'T use Visa because they will always favor the merchant regardless of what proof you have. From now on, it's strictly PayPal for me. I contacted Troy again and notified if refund is not issued, I have no choice but to post my incident online. He replies saying that Visa Arbitration found judgement in my favor and even provided a letter by Visa which states I won dispute. Letter he emailed me seems to support his statement but I dug deeper with my bank and found out the truth. That letter by Visa Arbitration where I "won" dispute was mailed to Troy by mistake on the 29th of December (see attachment). Visa immediately sends Troy a 2ND letter the following day on the 30th confirming that he actually won the case (see attachment)! Please view both letters attached as proof. Troy emailed me the initial wrong letter (29th) saying I won trying to throw me off.
And to think of it, he's been lying from the very start regarding the condition of item which caused all this to begin with. I confronted him with this new evidence and BIG surprise, never heard from him since. So to recap, owner personally states brand new over the phone but actually meant the inner contents ONLY when later confronted. Blamed me for not being specific when inquiring about his products and its overall condition. Claims he never received my return when proof of delivery has been confirmed by USPS tracking. Gave me the wrong letter saying I should have gotten my money back when he had my money all along. Everything he tells me on his end is precisely the opposite of what I uncovered here on my end. Sells used items from his comic shop and lists them as new. When you uncover the truth and send back, he denies ever receiving and you're out of luck.
I'm certain he received my returned item like tracking number states but decided to capitalize that signature confirmation wasn't used. If there's no signature to prove item was accepted, there's basically no proof that he ever received it. THIS is the game he's playing. First he ripped off Matthew Vizcaino and now me. Notice the similarities from our incidents and seek your collectibles elsewhere.
Reply
The customer placed an order through our website in the middle of the night, with the note attached "Brand new mint in sealed box? I don't wish to receive a return. Any more of this or just one? I want to buy more thanks."
Before we opened for business the next morning, we received five separate e-mails and three voicemails:
* Hi and sorry to bother you but please cancel this order. I actually need more than one and found another supplier with discount shipping. I apologize for the inconvenience.
* Hello and sorry for inconvenience. Please cancel my order number of 6491. I found another retailer that sells more quantity. Thanks much and I apologize for the inconvenience.
* 6491 is my order number and please cancel. I wanted more than 1 and think I found it elsewhere. Thanks and sorry for the inconvenience.
* tell u what, can you guys price match 340 + plus shipping? save us both the trouble of canceling. Thanks and please let me know.
* #6491 instead of canceling, can u price match 340 + shipping? save us both the trouble. If not, please cancel. Thanks.
We were just about to void his order when he called and spoke to me. I informed him that all statues are opened and inspected for quality control. (We have a limited time where we can send an item back to a manufacturer should there be any cracks, breaks or paint issues.) It states the same in the Terms of Service on our website. The customer decided he still wanted the item and we shipped it.
Upon arrival we were then contacted by the customer stating that the plastic packaging, inside the two cardboard boxes, was cracked, but the statue itself was fine. However since he was looking to re-sell this himself online, he now wants to return it. In the multiple e-mails regarding this, he states over and over that we stated this item was factory sealed. As anyone that has ever spoken to us at the shop, at a convention or even reads our eBay listings, we clearly state all statues are opened and inspected. So every message where the customer states we told him its factory sealed is incorrect.
We agreed to take the return. This was stated in an e-mail on 9/14/16. The customer agreed to send it back and we then heard nothing. We left to do our largest show of the year, New York Comic Con, on 10/4/16. As of that date there was no package arrival and no communication to us. We were eventually e-mailed on 10/10/16 that the statue was sent back that past Thursday, 9/28/16. As the customer states, we did not have anyone here to receive a package, as we had no idea when, or if, it was even being shipped back. There was a two week wait before sending it back, no communication to us for 26 days from the same person that contacted us with 14 e-mails and 5 phone calls. If at any time prior to the expected package arrival date the customer reached out and told us it shipped back and/or provide a tracking number we would have had someone hear to receive the package.
As for stating we ignored his e-mails, we replied back to the every e-mail we received the same day.
The customer had also accused us of lying that our store was even closed, even though it clearly stated on the front page of our website we were away at New York Comic Con, our e-mail and voicemail had an automatic reply stating we were away and we are very active on social media, showing our booth off at NYCC.
The customer then opened a credit card charge back, which we replied back to with all the information we had, and the credit card company decided in our favor. The customer appealed and it went to arbitration. We received a letter from the credit card company, on 1/9/17 stating we lost the appeal. The customer contacted us again (1/9/17) and we stated the above and even provided a scanned copy of the letter. When the customer replied again we didn't understand the reply, as it was worded in a way that sounded like he had lost the appeal, and we contacted the credit card company. They stated that these form letters are automatically mailed and they sent us the wrong one (the correct one was in on its way) and that letter stated the arbitrator sided with us. This letter was received by mail two days later.
The customer then contacted us on 4/7/17. Again stating everything I've stated above and again stating that I told him the item was factory sealed, which we never, ever do. At this point he stated that if we do not refund the money he will be leaving a negative Yelp review and filing a complaint with the BBB, which to date he has not yet done.
We've been in business over seven years and yes we have one complaint with the BBB, to which we replied and provided all the documentation supporting our side of the story. The BBB decided there was no action to be taken on their part.