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straybullet
Nov 19th, 2008, 08:31 AM
You might recall the shit that I won at NVIDIA a couple months ago. One of that included a full professional version of Autodesk 3dsMax. Seeing as how I'm not properly skilled, don't have the proper hardware, and poor, I thought it'd be best to sell it. My friend sold it on my behalf to ebay, for something around $2300, along with some 13% sales tax for Canada. Apparently while trying to register, the buyer was unable to since the copy was registered as "Not for Sale." He is asking for his money back, along with the sales tax, which amounts to about $300 that I have to pay him back.

I'm going to try to register for him for his copy to work, but if that somehow doesn't work am I obligated to pay him on the tax? A quick Google shows that he might have to take it up with the government, with proof of refunds and such. If registering for him doesn't work out, I don't know what to do.

Brew_Ha_Ha
Nov 19th, 2008, 08:53 AM
There's a couple of unclear things mentioned in the first post:

EDIT...


Oh yeah, you refund the tax. When you return any product for a refund the total amount returned includes the tax on the sale.


However, you may not have to. Did your friend state a clear refund policy in the auction? If you think this guy doesn't deserve a refund on the basis that you've kept your end of the transaction -- as described in a refund policy -- then you don't have to refund him anything, or everything (as described in a refund policy).

Puddle
Nov 19th, 2008, 09:28 AM
Stray I've got a business sales account with ebay and paypal. So your friend sold the item to a canadian biddr and he's refusing to pay? Sales tax from canada does not apply to certian transactions. I'm still confused on the situation.

Best open a dispute and settle it through ebay. I purchased a mouse collection for my ps2 (Adapter) and the chineese fella freaked over the $20 ebay fee (international transaction to the us). Fixed it with a mutuial dispute.

I need more concreate info on the ebay auction and transaction.

But


"Not for Sale."

Sounds like an american or international biddr

straybullet
Nov 19th, 2008, 03:12 PM
The transaction has already happened. What happened was, while trying to register the software (possibly over the phone) the buyer was unable to complete the registration, rendering the product pretty much useless. Now he is asking for a refund of the purchase price (which I'm willing to give), plus the taxes that he has paid on the product, which amounts to about $300.

I have to ask my friend if she has a stated policy on refunding the tax. Hopefully she has one.

But in any case, there must be a way to get the tax back from the government on a sale that has been returned, but I don't know if I can put it on him or not. If it was a smaller price tag, giving back taxes wouldn't be too bad, but it's $300. This is money that I'll lose out of pocket, and can't afford right now. I'm not sure how ebay arbitration works. I'm also suspicious this might be some sort of scam, though I don't know how I could verify that.

Hopefully I can do an over-the-phone with Autodesk and get the proper registration codes (I'm not sure what I should say about the situation though, or if I need the software with me to get it). If not, I guess we have to get ebay to decide.

Captain John Miller
Nov 19th, 2008, 03:19 PM
Why cant he register it? If its a problem that you are aware of-IE registered to you and now they wont register it to them-then you refund. If its their incompetence, then imho no refund period.

straybullet
Nov 19th, 2008, 03:50 PM
It's never been registered on my part. But, since I won it through a contest at a convention and signed off on it, it might need to be registered in my name. Which means he should still be able to register and use it, I just need to be the one to obtain the registration code, right?

Captain John Miller
Nov 19th, 2008, 03:54 PM
I guess so stray, but imho its not your fault if he cant register it if you put a good refund policy statement in there.

Whenever I sell anything I always note "no refunds period, unless product is defective". This doesnt count as defective imho..

Cheeto
Nov 19th, 2008, 06:14 PM
Whenever I sell anything I always note "no refunds period, unless product is defective". This doesnt count as defective imho..
This is defective. He purchased a product in good faith expecting it to work as one would expect similar products to work. Install, register, execute, enjoy. He had no indications that it would not function according to the expected result and he has no ability to make it function. That is a defect.

That said, you should make every effort to help him register it and get it running. He spent a lot of money on this, which means he would like it to work, and failing that, he'll want his money back. If I were him and you refused to fix the problem or give me my money back, I would take you to court over it. Two thousand dollars is a significant amount.

straybullet
Nov 19th, 2008, 10:26 PM
I would have no problem refunding the selling cost of $2300 some dollars, along with the shipping. However, I don't think I'm obligated to pay for the Canadian taxes. My friend mentioned that paypal (since they mediated the transfer of funds) would probably handle the taxes, since they're they only feasible party to whom the taxes would have been sent.

Brew_Ha_Ha
Nov 19th, 2008, 11:26 PM
Oh, if the buyer did not pay the tax directly to you, then you don't have to refund him that money.


If he had to pay like a custom's agent the tax in order to receive his product then his government is responsible to the tax.


You're only obliged to refund what he payed you, less shipping cost (as typically defined in a refund policy).

ALSO -- I would highly recommend registering the product for him before refund the money. How do you know he wasn't able to install the software from the disk and is just BSing his way to get the money back + tax back.

straybullet
Nov 19th, 2008, 11:55 PM
Yeah, I'm definitely gonna try to register it on his behalf. I don't need this software, but I definitely do need the money. Any ways I could find out if this is some sort of scam?

Brew_Ha_Ha
Nov 20th, 2008, 01:20 AM
I can't think of a clever way to expose if this is a scam or not...

Does the software require registration in order to use its features? What all is required for registration?

Puddle
Nov 20th, 2008, 05:10 AM
Oh, if the buyer did not pay the tax directly to you, then you don't have to refund him that money.

This sounds fishy. He purchased the Item as stated from you. It's his problem with the registration. Transaction completed. You are under no obligation as per registration of the software. Also What The Fuck is the registration problem? Registration will only be negateed if the registration of the product in question has already been used.

I'd say "Your SOL and I am not ferunding anything. You purchased the item within auction rules. It is not my problem as this is a non registered item. Make a dispute with ebay if you are not satisfied."

In other words you got the payment the item is his problem not yours.

Shade-of-Grey
Nov 20th, 2008, 05:19 AM
hrmm

he definetely should be able to register it. if he bought it from you that's not a absurd expectation.

that said, you only refund the money paid to you.


that also said, it seems very strange that he wouldnt be able to register it. how would they have any idea it's been sold unless someone registered it in the past.

Brew_Ha_Ha
Nov 20th, 2008, 08:00 AM
Oh, if the buyer did not pay the tax directly to you, then you don't have to refund him that money.

This sounds fishy. He purchased the Item as stated from you. It's his problem with the registration. Transaction completed. You are under no obligation as per registration of the software. Also What The Fuck is the registration problem? Registration will only be negateed if the registration of the product in question has already been used.

I'd say "Your SOL and I am not ferunding anything. You purchased the item within auction rules. It is not my problem as this is a non registered item. Make a dispute with ebay if you are not satisfied."

In other words you got the payment the item is his problem not yours.


Ebay does not have a customer service department. Basically, he could refund the guy's money or risk having his friend's ebay account neg repped by the buyer.

Koobazaur
Nov 20th, 2008, 08:09 AM
Oh, if the buyer did not pay the tax directly to you, then you don't have to refund him that money.

This sounds fishy. He purchased the Item as stated from you. It's his problem with the registration. Transaction completed. You are under no obligation as per registration of the software. Also What The Fuck is the registration problem?

So it's okay to sell you scratched cds cause, you know, the transaction is done and it's your fault your CDrom drive can't read them?

Puddles. Seriously. Come on. :chill:

Puddle
Nov 20th, 2008, 09:38 AM
I knew i needed to come back to this.

You ca not please everyone. Also this looks like a registration problem.

Quite simply he sold the product as is as auction dictates.

the buyer is now the one who must deal with any actions on the software.

DONE DEAL!

It's the buyers problem not the sellers. The worst he can see is a bad feedback.

:chill:

Cheeto
Nov 20th, 2008, 03:14 PM
I knew i needed to come back to this.

You ca not please everyone. Also this looks like a registration problem.

Quite simply he sold the product as is as auction dictates.

the buyer is now the one who must deal with any actions on the software.

DONE DEAL!

It's the buyers problem not the sellers. The worst he can see is a bad feedback.

:chill:
Unless he actually specified "As is" on the auction, then he is required to make sure that product works. The product does not work. Therefore, he needs to make this right. Either make it work, or make a refund.

Koobazaur
Nov 20th, 2008, 09:53 PM
I knew i needed to come back to this.

You ca not please everyone. Also this looks like a registration problem.

Quite simply he sold the product as is as auction dictates.

the buyer is now the one who must deal with any actions on the software.

DONE DEAL!

It's the buyers problem not the sellers. The worst he can see is a bad feedback.

:chill:

I never said the CD wasn't scratched