Received Engineering Sample CPUs instead of retail. Am I right to ask for refund?

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Here are the initial emails that we exchanged, regarding the price. He stated that I didn't pay for shipping, but we agreed on $1700 shipped.
You can see that the price agreed was $1700 including shipping, proving once more he is full of shit:

DivineSmack said:
I just sent you the request via Paypal for the payment for the Processors, Mobo, and Heatsinks.

MarcusXP said:
Sounds good. Can you send me a Paypal payment request to "[email protected]"?
I should be able to send the payment by the end of the week, would that be okay with you?
My cell phone is 647-xxx-xxxx

thanks a lot,
Marcus

DivineSmack said:
More than likely I do have the original box and accessories. I will double check. the heatsinks are from cooljag I believe.

MarcusXP said:
$1700 sounds good.
Do you still have the original box and accessories that came with the motherboard?
Do you know what brand/model are the heatsinks?

DivineSmack said:
Marcus,
Willing to do $1700. I can part out the rig for that. LMK We can work something out. Call me 407-xxx-xxxx

MarcusXP said:
Hi,

Any chance you can do $1600 shipped for them?
- Dual Socket Tyan S7025WAGM2NR
- Dual X5650 Processors (Thats 24 Cores of POWER!)

Can you include the heatsinks as well?
I live in Toronto/Canada, you can ship them USPS Priority Mail (that's the cheapest as far as I know).
I can pay using Paypal, I have the funds available.

Thank you,
Marcus
 
Yeah there are more messages, the message queue is long.. kind of hard trying to copy-paste it in a way that makes it easy to read for the rest.. here's more:


Originally Posted by DivineSmack
It doesnt take that long for the transfer. The transfer should be completed by tomorrow. I will make sure the item goes out as soon as its completed. Probably Saturday latest.

Quote:
Originally Posted by MarcusXP
Paypal states that it takes 3-4 business days to withdraw any money to the bank account.. can you ship them before that? I really need them by the end of next week.. I already showed you I have good feedback on Heatware and Redflagdeals and you can check with other [H] members like "Vertigo Acid" to see that I am good trader.
Also I have 271 feedback on ebay, with account "maneamaria":
http://feedback.ebay.com/ws/eBayISAP...ab=AllFeedback

Quote:
Originally Posted by DivineSmack
Sounds good. I will send it as soon as the payment clears to my bank. I will ship as you asked.

Quote:
Originally Posted by MarcusXP
Payment sent!
Please follow the shipping instructions (Mark it as Gift with $20 value and state it is "Used computer parts - for parts or repair") and try to ship them as soon as possible.. I am giving the CPUs to a friend and keep the motherboards for myself. If you can ship them today or tomorrow it would be great. And don't purchase insurance please, and don't put any invoices in the box (in case they open the package). Please use Fedex Ground for shipping, not UPS. Let me know what the tracking number is, after you shipped them out.

thanks a lot!

The shipping address is:
>my name
>my street
>city/province/zip code
>Canada
>Phone 647-xxx-xxxx

Quote:
Originally Posted by DivineSmack
WIll do.

Thanks.

Quote:
Originally Posted by MarcusXP
Sounds good. I am still waiting for Paypal to finish the transfer from the bank account, I will let you know as soon as I sent the payment. Please mark the items as sold/pending in the meanwhile

Quote:
Originally Posted by DivineSmack
Sounds fine. Let me know when the payment is made so I can get the ball rolling. I will put everything in an anti stat wrap, inside a box, and try to ensure its safe delivery. No insurance means if it gets screwed up along the way I can't help you.

Quote:
Originally Posted by MarcusXP
Sounds good.
But please DO NOT purchase insurance, they will charge me taxes based on that value
You can use Fedex Ground, it is pretty cheap and reliable. USPS Priority is good also.
But you need to mark the package as Gift, $20 or $30 value, and state it is "Used computer parts - for parts or repair" when you fill-in the shipping forms, so they won't charge me the import taxes.


Quote:
Originally Posted by DivineSmack
No Problem. Let me know when you have made the payment. I will transfer it to my account. That will take 24 hours. Once thats done I can send Via Priority mail or Fedex to you with insurance.
 
If you check Fedex tracking number: 804255715022856
you will see that the CPUs were actually shipped Tuesday the 19th, and not Saturday 16th as he said they would be. Because of this I didn't receive the package the same week, but the week after. The CPUs I planned to sell to a friend of mine and I would've kept the motherboard for myself. But because the package arrived late, my friend bought CPUs from a different source (he has a business and he could not wait) so I had to keep the CPUs as well (not too unhappy about it, to be honest - that was a good reason to upgrade my server from a quad core L5520 that I had before).
However, when I saw they are Engineering Samples, I wasn't so happy anymore - obviously..
 
The forum rules still apply here....I understand your upset, but knock off the name calling .
 
The Paypal ticket will be closed in a few days after the refund is cleared.
Paypal said:
Subject:
XXXXXXXX has just sent you $300.00 USD with PayPal
Note:
DIE AND GO TO HELL!

Yeah I guess I deserve to die and go to hell. Because I'm stupid enough not to ask for pictures before buying something. I trusted you because you've been on [H] for 8 years+... never crossed my mind that you could try and fool me. But that should serve me as a lesson, never trust anyone..
I wonder where should you go if I am going to hell?
 
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The best place for scams is not on [H], DivineSmack. Try ebay.
You just ruined your reputation here. And the language you're using... tells everything about your personality. I would've been more justified to use that language, not you. LOL
 
Ill ask once more, if your not involved, please do not post....let the buyer and seller communicate
 
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