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  • Report:  #1391843

Complaint Review: Fanboy Collectibles

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

  • Reported By:
  • Submitted:
    Thu, August 10, 2017
  • Updated:
    Wed, January 13, 2021
  • Fanboy Collectibles
    64 Barnabas Rd
    Newtown, Connecticut
    USA
  • Phone:
    203-304-9180
  • Category:

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.

4 Updates & Rebuttals


Imperial

West Hollywood,
United States

What my credit card company said.

#5Author of original report

Wed, January 13, 2021

The same old arguement where USPS worker recklessly abandoned returned package without any receiver on premise and blames me for not using extra effort beyond that of standard shipping.  Wow so blaming USPS AND a customer for a "lost" package.  Just like DoorDash or Grubhub customers who claims food "never arrived" and blames driver along with restaurant.  It's called pulling a fast one at others expense.  

The agent who called from my credit card even expressed shock as to how arbitration sided with owner considering the proof I provided which was a USPS receipt.  She was concerned as to how it occurred considering she never encountered this outcome before.  Can't blame her cause neither did I.  I return items all the say way throughout US using same format and never had a single issue until here.  Had I known the sketchy history of how returns/refund is handled from past customer, I would've used signature confirmation or insurance.  Guess I was too trustworthy like Matthew and paid the price dearly.

I see you conveniently made no mention of that other person who STARTED the berating and attacking on your behalf.  Calls me all kinds of slurs, insults and names in your defense so no problem there, right?  So THOSE are your normal fans and customers eh?  Personal friend of yours?  Well at least now it's starting to make some sense.  No wonder things fell apart here lol.  

I'm so glad all this is coming out for everyone to observe.  Now it's clear there's covert drama here and the return process is a nightmarish hell.  You told me personally over the phone that no seller likes returns.  Trust me because after all this, I believe you!


Newtown,
Connecticut,
United States

NEVER RECEIVED.

#5REBUTTAL Owner of company

Tue, January 12, 2021

"Owner claims returned item was "never received" while I had PROOF that it was. Blames me for not using signature confirmation ALONG with USPS for just dropping it off randomly without anyone home. So basically, it's all our fault. Wow, doing business here is sketchy. Good luck with your purchase folks!"

The tracking number stated, package left at door. I'm not sure how left at door consititues we received the item. No one blamed  anyone, however you are now asking for a refund for an item we did not receive.

"Look everyone, Matthew Vizcaino was the 1st victim and I was the 2nd here. Similar incidents and all the same excuses where he pockets our money. Don't believe me, contact Matthew on Facebook and his story reflects mine down to the dot"

The issue with this other customer is he cancelled items he pre-ordered. Depoists on all pre-orders are non-refundable. This is not a similar situation.

"When Matthew and I left negative reviews on Facebook, owner blocked us lol! You been in business for 11 years and only accumulated 4 reviews on Yelp? That alone might be a sign for others to stay away."

You were blocked becuase you stated a huge arguemnt on the Facebook page with another customer where you continually insulted him and them kept asking where he worked, for whatever reason. You then deleted your 50+ posts arguing with this other customer.

"If all your items are opened/inspected, how can buyers tell if these aren't previously owned, used or returned items from past buyers? All manufacturer seals have been broken or removed and my item box itself came wrecked. Collectors will know that it's as good as USED pal."

We list when an item was purchased from another collector and/or estate sale. We purchase collections all the time. It's part of being in the business. Everything else is purchased directly from the manufacturer and/or distributors.

"If you read this far folks, ask yourself if you potentially want to become the 3rd victim. Owner pulled this same stunt on both Matthew and I. You think he'll stop there? Good luck folks. You're going to need it or just shop elsewhere!"

In business eleven years, thousnads of items sold on eBay with 100% positive feedback, well known in the collectors community and widely visible at many conventions across the United States from New York Comic Con, C2E2, Fan Expo Dallas, Fan Expo Florida, Motor City Comic Con and Denver Pop Culture Con to name a few. We're everywhere on social media. Should anyone have a question, we gladly answer it. On your end, YOUR credit company sided with us (which very rarely happens, credit card companies always side with their customers), an independant arbitrator sided with us and the Better Business Bureau (which we have an A+ rating with) also sided with us.

The customer has even posted the same review here two years apart to make it look like we have multiple complaints. Please, go read the Yelp review left for us by him and how the story changes from response to response.


Imperial

West Hollywood,
United States

"NEVER RECEIVED."

#5Author of original report

Wed, January 06, 2021

Owner claims returned item was "never received" while I had PROOF that it was.  Blames me for not using signature confirmation ALONG with USPS for just dropping it off randomly without anyone home.  So basically, it's all our fault.  Wow, doing business here is sketchy.  Good luck with your purchase folks!

Look everyone, Matthew Vizcaino was the 1st victim and I was the 2nd here.  Similar incidents and all the same excuses where he pockets our money.  Don't believe me, contact Matthew on Facebook and his story reflects mine down to the dot!  

When Matthew and I left negative reviews on Facebook, owner blocked us lol!  You been in business for 11 years and only accumulated 4 reviews on Yelp?  That alone might be a sign for others to stay away.  

I have about 120 reviews on Yelp and half being negative sounds about accurate considering there's good companies, bad companies and average ones in between.  You honestly expected all positive reviews along with yours?!  

If all your items are opened/inspected, how can buyers tell if these aren't previously owned, used or returned items from past buyers?  All manufacturer seals have been broken or removed and my item box itself came wrecked.  Collectors will know that it's as good as USED pal.  

If you read this far folks, ask yourself if you potentially want to become the 3rd victim.  Owner pulled this same stunt on both Matthew and I.  You think he'll stop there?  Good luck folks.  You're going to need it or just shop elsewhere!


Troy

Newtown,
Connecticut,
United States

How did we lose a package that was never received?

#5REBUTTAL Owner of company

Wed, January 06, 2021

The customer placed an order through our website in the middle of the night, with the note attached "Brand new mint in sealed box? I don't wish to receive a return. Any more of this or just one? I want to buy more thanks."

Before we opened for business the next morning, we received five separate e-mails and three voicemails:
* Hi and sorry to bother you but please cancel this order.  I actually need more than one and found another supplier with discount shipping.  I apologize for the inconvenience.
* Hello and sorry for inconvenience.  Please cancel my order number of 6491.  I found another retailer that sells more quantity.  Thanks much and I apologize for the inconvenience.
* 6491 is my order number and please cancel. I wanted more than 1 and think I found it elsewhere. Thanks and sorry for the inconvenience.
* tell u what, can you guys price match 340 + plus shipping?  save us both the trouble of canceling.  Thanks and please let me know.
* #6491 instead of canceling, can u price match 340 + shipping? save us both the trouble. If not, please cancel. Thanks.

We were just about to void his order when he called and spoke to me. I informed him that all statues are opened and inspected for quality control. (We have a limited time where we can send an item back to a manufacturer should there be any cracks, breaks or paint issues.) It states the same in the Terms of Service on our website. The customer decided he still wanted the item and we shipped it.

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.

Lets start with the first lie of stating we said the item was factory sealed. It's listed on our site  and in everyone of our thousands of eBay listing for statues. We open and inspect every single statue we receive into stock. Manufactuers and distributors only give a limited time to notify them if there is an issue (chips, cracks, paint defects, missing pieces, etc..). If we didn't c heck a statue and then sold it months later and there was an issue, we would provide the customer a refund on it, but we would have no recourse in going back to the manufacturer/distributor.  This customer spoke to me on the phone the morning we shipped this item and wer told  him all of this.

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.

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.

I stated we will take the item back and provide a refund upon receipt. We heard nothing back from the customer for close to two weeks. Sometimes customers complain and then don't send items back, so we have no way of knowing if the customer is going to send the item back. As is, the customer sent it back, but didn't notify us that he did send it back. It was shipped back to us while we were awy exhibiting at New York Comic Con. I was e-mailed the tracking number by the customer days later. If you had e-mailed me at any time before the item was due to arrive, I could have had someone at the shop awaiting delivery. The customer suggests I should just have someone sitting at the shop for weeks, even when closed becuase he might be shipping the item back.

I did not blame anyone for the missing nitem, but I also did not receive it. It's an item valued at over $400 dollars and it was put in the mail without a signature confirmation or insurance. Signaturews and insurance are not required, but when you put something in the mail valued at over $400, for the $2-$3 you usually add it. They ask when you ship how much its valued at and if you want these options. Customer states I didn't tell him. If it gets lost and never arrives to me, I'm not sure how I'm responsible for it.

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?

Here's ther one thing the customer fails to mention in all of this. The tracking number states the package was left outside out shop at 8:15 AM. Our listed hours of business are 10 AM - 5 PM. So, it was left outisde when we would never have been there anyway. Are we still responsible for the post office leaving an item outside our shop when closed? If a signature were required, they couldn't have left it at any time.

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!

Again, we weren't here. Perhaps one of our neighbors, who knows we close to exhibit at comic cons, saw the package sitting outside our closed shop and took it inside until we arrived back. We hold packages for our neighbors all the time.

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. 

The customer didn't ship it back until ten days after our conversation that he was shipping it back. As fdor saying screw it we are off to comic con, our booth that we exhibit at is booked in January for that coming October, so this isn't something we just randomly decide on and leave for. It's weeks or prepration, days of setup and a four day show. Again, if we were notified at any point that this package was shipped, I could have tracked it from my phone and had someone herte at the shop that day to receive the package. Again, this is a customer that left multipl e-mails and voicemails in the middle of the night, yet never said he was sending the package back or sent a tracking number. So when he asks at what point do we think he's not sending it back? Based on his past actions, after not hearing anything for a week, you tend to think you may never hear from him again. It tends to happen.

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.

Every retailer has a returns department? Really? OK...that's news to me. And again, our listed hours are 10-5. The package was left outside at 8AM.

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.

Customer filed a chargeback with his credit card company. We provide all of the information including screenshots of our website stating we open and inpsect all statues. The credit card company felt we were in the right and decided in our favor. The customer escalted it with his credit card company and it went to arbitration. Now an indepenant arbitrator decided in our favor. So it's not often that credit card companies decide against their customer, but yet here it happened and then an independant arbitrtator sided in our favor.

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.

The person that has been lying from the start is the customer stating all our items are facory sealed. The story starts with a lie and goes from there. Any customer can call us, e-mail us, stop in the shop or stop by our booth at the dozens of comic conventions we exhibit at every year. WE OPEN AND INSPECT ALL STATUES!!

As for never hearing from us again. A number of phone calls and e-mails were replied back to. A credit card chargeback was filed and responded to. The complain was escalated to arbitration and replied to. After the arbitration was settled, we responded back to a couple more customer e-mails. The customer filed a complaint with the Better Business Bureau was filed, we replied back to that and the complaint was closed. Why else would we now have contact with the customer?

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.

Yes, we have one other complaint, in eleven years of business. Please, feel free to go to our Yelp reviews and read it. While there, go to read reviews from this customer. To date he has 121 reviews and 68 of them tend to be negative. There is even a complaint against his plastic surgeon. Even with this complaint, he copied and pasted the same complaint from two years earlier to make it look like we have more complaints.

Perhaps it not us, perhaps its the customer.

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