Abrown3741, Albert Brown fraudulent ebay listing, refusal to refund Pensacola Florida

I am filing a complaint regarding the fraudulent claims by a Florida-based merchant, and their failure to make a refund based on their falsly advertised merchandise. The seller conducts their business from their Florida and has sold thousands of items with a gross value most likely somewhat in excess of $250,000. Accordingly, I believe their enterprise would be a commercial activity governed by the U.C.C., and regulated as to employing fair business practices.

Seller offered item #6265153613, a Sogard Brand collectible hand drill, at a Buy-It-Now price of $6.99. The following language is the complete description of the item as declared in the auction listing: "You are bidding on a Sogard Hand Drill, Made in the USA. Drill is in very good condition." A photograph depicted a tool that appeared to meet the description given. No damage was visible, and no damage was declared in the auction listing. This drill was a unique offering; not one of many such, and no other drills were offered in the lot. Based on the description and on the photo, I purchased the item and paid for it via Paypal transaction #77J86238YW7510448, with funds debited from my bank account, on August 8, 2006.

The item was shipped to me and I received it in a timely manner, as a well-sealed box without any damage to the packaging. When I opened the package I briefly inspected the drill and noted two substantial defects that render the tool not useful for its intended purpose: (1) The drill chuck will not hold a drill bit. (2) The crank arm is bent and cracked in the middle and in my opinion it is likely to fail if the the drill were used. I have attempted without success to resolve this complaint by contacting the seller by telephone and by email. I have attempted without success to resolve this issue by filing a dispute with eBay.

In all communication, the seller refused to discuss the specific damages noted. After making the above efforts, I have yet to receive a refund for the fraudulent claims and defective merchandise. My motivation in filing this complaint is to sanction the seller to employ business practices that are fair to the consumers who buy from this Florida-based enterprise.

Thomas
Chicago, Illinois
U.S.A.