Attic to Auction

Revdex.com:
I have reviewed the offer made by the business in reference to complaint ID***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
There is no offer I do admit to agreeing to the terms of saleHowever, if there is any recourse for me to complain about the manner in which they treat customers, I would appreciate you proceeding under that Their response is full of wild assumptions and outright lies about me They make it sound like I deliberately broke the violin because of remorse about paying such a high price, and that my only goal was to make a profit on eBayThey also say they showed me how to view the pictures in enlarged fashion, also not trueI did say that the violin arrived intact, but it broke within seconds of me opening itAs I said in my original complaint, I attempted to tune the violin and it snapped like a rotten twigThe way they portray it, makes it sound like I had buyers remorse and broke it So in the off chance there is a way to complain about defamation of character, please advise.
Regards,*** ***

Hello***,This email is a follow up of our conversation regarding the information needed to refute *** fraudulent claim.The auction *** is referencing closed on Monday October 13th*** *** called me Monday morning asking for picture close upsI guided her on
how to enlarge pictures to get a very detailed view of the violin in questionThis violin had no damage whatsoever*** bid on and successfully won the Violin on our online auction via *** company bidding platform. Prior to signing up to participate in the auction, *** has to accept ALL conditions of participation agreeing to *** terms and conditions and Attic To Auctions terms and conditionsBefore her initial bid was accepted, she had to check the box right at the bidding box for the Violin where it reads "by clicking on the confirm button, you are agreeing to the terms of the sale"The "terms of the sale" is a link directly to the terms for every auctionOur terms have remained and continue to remain the same for every auction. A bidder cannot bid on an auction or item unless they agree to the termsAll terms are not only available through this link, but are also posted CLEARLY at the top of EVERY SINGLE AUCTION we have. The terms are clear and concise and consistent with EVERY auctioneer selling on ***. Our terms that *** agreed to are as follows: Special Terms: All property is sold AS IS, and ALL SALES ARE FINALIt is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factorATTIC TO AUCTION will make every effort to describe the merchandise in advertising, on the Internet and at the auction but makes no representationsIn no event shall ATTIC TO AUCTION be held responsible for having made or implied any warranty of merchantability or fitness for a particular purposeBidder shall be the sole judge of valueBidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in personIt is the Bidder?s responsibility to determine condition, age, genuineness, value or any other determinative factorATTIC TO AUCTION shall endeavor to describe in detail each item and any pertinent information about itATTIC TO AUCTION will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itselfBidder agrees that everything is sold as is and that they may not return any item they purchaseUnder no circumstances shall Bidder have any kind of claim against ATTIC TO AUCTION or anyone else if the Internet service fails to work correctly before or during the timed auctionATTIC TO AUCTION will not be responsible for any missed bids from any sourceInternet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid hours before the auction beginsATTIC TO AUCTION reserves the right to withdraw or re-catalog items in this auctionBy participating in this auction, you agree to the shipping, payment and abandonment terms listed in the auction. You may find a copy of the terms at: *** SCROLL DOWN TO SPECIAL TERMS Additionally and also very pertinent to this case is that *** *** called Tuesday October 14th expressing remorse over her purchase stating "I think I bid too highI got carried awayI checked *** and they are selling for less." Her violin was shipped to herShe called a week later stating she received the Violin in perfect conditionShe stated it was very well packaged and not damagedShe did, however, reiterate her remorse over her getting "carried away" in the bidding process citing it wasn't worth what she bidAgain, she indicated this was in no way damagedShe did not at this time request a refund. The next day she left a voice message stating SHE damaged the violin when tightening the stringsAgain, SHE stated SHE damaged the violinShe was demanding her money backI sent an email reply stating we cannot refund her money citing the terms of the sale, her acknowledgement that the violin arrived in perfect condition and that she was responsible for damaging it. She called back leaving another voicemail threatening to defame Attic To Auction on *** where she sells, unless we paid her $800, which is illegal.Clearly extortion I immediately contacted ***They put an alert on her account and they recommended blocking *** from participation in ALL future auctionsIt is quite evident *** *** purchased this violin for resale on ***AFTER she purchased this, it became apparent she couldn't "make money" on the resale and she proceeded to damage this in the hope of getting a refund from Attic To Auction I am requesting this claim be tossed out and not honored on the basis of her violating the terms and conditions of our auctions on ***There is ZERO basis for this claimIt is clearly a fraudulent claim with an element of extortion given her threats to post on ***, which has absolutely no connection or relevance to the business of Attic To Auction, LLC.Please advise if you need additional information. Thank you for your support and anticipated removal of this complaint. Kindest regards, *** ***CEOATTIC TO AUCTION, LLC*** *** *** *** *** *** ***
*** (showroom)*** (mobile)***

Review: I won a violin, in an "Attic to Auction" auction in October 2014. The final price was $600. The instrument was shown in pictures and described. I received the violin intact, however after I removed the violin from the case and began to turn the pegs to tune it, the fingerboard and neck snapped immediately. I did nothing out of the ordinary to this violin. Tuning the violin by turning the pegs is considered normal and appropriate use and care of a violin. I discovered the violin was extremely brittle. I called the auction house and they told me everything I needed to know was shown in the pictures and in the description. However, nowhere in the description or pictures indicated that the instrument was extremely brittle.Desired Settlement: I paid $600 for the violin, plus shipping, handling and an internet premium. I am only asking for a refund for the price of the instrument, $600. I would also like my complaint in this matter to be available for others to see so that the public will know that this company did not accurately describe the merchandise that they auctioned.

Business

Response:

Hello[redacted],This email is a follow up of our conversation regarding the information needed to refute [redacted] fraudulent claim.The auction [redacted] is referencing closed on Monday October 13th. [redacted] called me Monday morning asking for picture close ups. I guided her on how to enlarge pictures to get a very detailed view of the violin in question. This violin had no damage whatsoever. [redacted] bid on and successfully won the Violin on our online auction via [redacted] company bidding platform. Prior to signing up to participate in the auction, [redacted] has to accept ALL conditions of participation agreeing to [redacted] terms and conditions and Attic To Auctions terms and conditions. Before her initial bid was accepted, she had to check the box right at the bidding box for the Violin where it reads "by clicking on the confirm button, you are agreeing to the terms of the sale". The "terms of the sale" is a link directly to the terms for every auction. Our terms have remained and continue to remain the same for every auction. A bidder cannot bid on an auction or item unless they agree to the terms. All terms are not only available through this link, but are also posted CLEARLY at the top of EVERY SINGLE AUCTION we have. The terms are clear and concise and consistent with EVERY auctioneer selling on [redacted]. Our terms that [redacted] agreed to are as follows: Special Terms: All property is sold AS IS, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. ATTIC TO AUCTION will make every effort to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall ATTIC TO AUCTION be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder?s responsibility to determine condition, age, genuineness, value or any other determinative factor. ATTIC TO AUCTION shall endeavor to describe in detail each item and any pertinent information about it. ATTIC TO AUCTION will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Under no circumstances shall Bidder have any kind of claim against ATTIC TO AUCTION or anyone else if the Internet service fails to work correctly before or during the timed auction. ATTIC TO AUCTION will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. ATTIC TO AUCTION reserves the right to withdraw or re-catalog items in this auction. By participating in this auction, you agree to the shipping, payment and abandonment terms listed in the auction. You may find a copy of the terms at: [redacted] SCROLL DOWN TO SPECIAL TERMS. Additionally and also very pertinent to this case is that [redacted] called Tuesday October 14th expressing remorse over her purchase stating "I think I bid too high. I got carried away. I checked [redacted] and they are selling for less." Her violin was shipped to her. She called a week later stating she received the Violin in perfect condition. She stated it was very well packaged and not damaged. She did, however, reiterate her remorse over her getting "carried away" in the bidding process citing it wasn't worth what she bid. Again, she indicated this was in no way damaged. She did not at this time request a refund. The next day she left a voice message stating SHE damaged the violin when tightening the strings. Again, SHE stated SHE damaged the violin. She was demanding her money back. I sent an email reply stating we cannot refund her money citing the terms of the sale, her acknowledgement that the violin arrived in perfect condition and that she was responsible for damaging it. She called back leaving another voicemail threatening to defame Attic To Auction on [redacted] where she sells, unless we paid her $800, which is illegal.Clearly extortion. I immediately contacted [redacted]. They put an alert on her account and they recommended blocking [redacted] from participation in ALL future auctions. It is quite evident [redacted] purchased this violin for resale on [redacted]. AFTER she purchased this, it became apparent she couldn't "make money" on the resale and she proceeded to damage this in the hope of getting a refund from Attic To Auction. I am requesting this claim be tossed out and not honored on the basis of her violating the terms and conditions of our auctions on [redacted]. There is ZERO basis for this claim. It is clearly a fraudulent claim with an element of extortion given her threats to post on [redacted], which has absolutely no connection or relevance to the business of Attic To Auction, LLC.Please advise if you need additional information. Thank you for your support and anticipated removal of this complaint. Kindest regards, [redacted]CEOATTIC TO AUCTION, LLC[redacted]

[redacted] (showroom)[redacted] (mobile)[redacted]

Consumer

Response:

I have reviewed the offer made by the business in reference to complaint ID[redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

There is no offer. I do admit to agreeing to the terms of sale. However, if there is any recourse for me to complain about the manner in which they treat customers, I would appreciate you proceeding under that. Their response is full of wild assumptions and outright lies about me. They make it sound like I deliberately broke the violin because of remorse about paying such a high price, and that my only goal was to make a profit on eBay. They also say they showed me how to view the pictures in enlarged fashion, also not true. I did say that the violin arrived intact, but it broke within seconds of me opening it. As I said in my original complaint, I attempted to tune the violin and it snapped like a rotten twig. The way they portray it, makes it sound like I had buyers remorse and broke it. So in the off chance there is a way to complain about defamation of character, please advise.

Regards,