Fanboy Collectibles Troy Emi (Owner) Owner lost my package and denied me refund! Newtown Connecticut

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.