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You guys remember the techno song for the Mortal Kombat movie that started out with a dude yelling "MOOOOOOORTAAAAL KOOOMMBAAAAAAAAAAAAAT!" ? That song was dope.

 

Very dope.

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I'm just curious if I'm in the wrong on this transaction.  I won't verify if I'm the buyer or seller as to avoid anything bias, I'll just explain the scenario.

 

The record sold on gemm.com was advertised as "new" by the seller.  The buyer bought it, and along with the purchase in the "notes to seller", asked the seller to verify if the new vinyl was still sealed, and if it had any promotional markings before shipment. 

 

Seller emails the buyer, stating this vinyl is not sealed.  However, seller replies to the "do not reply" address, and buyer does not receive this email.  With no other communication, seller ships vinyl.  Buyer receives the vinyl, which was not sealed & had some light wear on the sleeve.  Buyer emails seller, and asks for refund since the vinyl was not "new" as advertised, and note to seller went neglected.  Seller offers to refund the price of the vinyl, and less than half of original shipping price, but not the cost of return shipping.

 

Argument ensues as to what "new" means in an advertisement, seller claiming he advertised correctly, buyer claiming a misadvertised item.  Seller's opinion is new does not = sealed, and vinyl was a DJ copy only played once to verify there were no skips.  Buyer's opinion is in the US, new = sealed, as if you walked out of the retail store with it.  Otherwise it's "like new" or "mint".

 

As stated above, seller is willing to pay for cost of vinyl and $2 of the original $5 shipping charge for return, but not for return shipping costs.  Buyer is requesting for full refund plus return shipping charges.

 

What is everyone's opinion on this?  And thanks to anyone taking the time to read this & leave an opinion. 

Buyer should be very grateful for the refund and enjoy the free record.

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