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Subject: Ebay seller not honoring pre-sale: RESOLVED!

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Lab Monkey
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07/12/2006 9:50 AM  
[Please note: this situation has now been resolved. Thanks for the support.]

In general I've had good experiences with Ebay. However, 17 days ago I bid on and won some small fire elementals and stirges from a seller. Now today I find out that my money has been refunded.I did not receive a message from the seller explaining the situation, just discovered that a refund was made to my paypal account. I assume that he doesn't intend to honor my winning bid.

I'm pretty ticked off. As a buyer, I don't get to pick and choose which winning bids I want to honor. I paid immediately upon winning the auction. It should be absolutely no different for sellers. Now I have to go search for more of this figures, two of the most difficult to obtain in the set and likely pay 2x as much for them.

I've emailed him to see what's up.Perhaps he feels he can get more for the stirges now than when I paid. Perhaps he was unable to get all the minis he pre-sold. It's hard to say when he doesn't communicate what's happened.

Edit: Apparently there was a note attached to the refund which I missed. It states:

quote:
Sorry about this, but we ran short on both of these items and will not have a restock for at least several weeks.

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yack
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07/12/2006 9:53 AM  
Ok now you have me nervous as I have too have won 2 sets of striges(3each) from a pre-sale. I have also paid but haven't heard boo from the seller, hope its not the same one because I will be totally ticked off if my win becomes a refund.

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kyrin
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07/12/2006 9:53 AM  
Who was it, LM? Consumers need to know!

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Lab Monkey
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07/12/2006 10:04 AM  
The seller is andersonsarcana_com.

It could be worse, at least I got a refund. I'm still pretty annoyed though.

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Talistran
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07/12/2006 10:04 AM  
Oust the bastard!


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yack
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Gatineau Canada

07/12/2006 10:08 AM  
Ok LM thanks its a different seller... sigh and whips sweat off forehead. (really need them stirges)

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Thousandsofminis
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07/12/2006 10:12 AM  
You can always come find me Lab_monkey, too bad you didn't find out sooner you could have included them in your other order from me. the small fire elementals that is. Stirge I am sold out of already as well. :P

Adam

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West Valley City, Utah

07/12/2006 10:12 AM  
That happened to me once (way back before this set). I wish ebay would do more about things like that.

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Lab Monkey
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07/12/2006 10:13 AM  
quote:
Originally posted by Thousandsofminis

You can always come find me Lab_monkey, too bad you didn't find out sooner you could have included them in your other order from me. the small fire elementals that is. Stirge I am sold out of already as well. :P

Adam

I received from you yesterday and everything looked FANTASTIC. I can't say enough good things about sellers like you, vesivus, and auggie.

I'm headed to your store now in search of fire elementals.

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griffrat
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07/12/2006 10:15 AM  
LM, that sucks on so many freakin levels. I thought that once a seller had an auction up and the auction was over that it was binding...guess not. But it should have been.

I would not be surprised the seller saw that stirges were going to be crazy cash cow. Then got his cases found that he only had three. Canceled your pre-sale and now has the same three stirges up for an auction with a pretty high reserve. Is there anytype of recourse action? I know the threat of retalitory feedback is there. And quite frankly the whole feedback system on e-bay needs to be revisitied IMHO. But that is another topic for another day...

LM, I am sorry this happened to you....

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07/12/2006 10:41 AM  
i won 3 small black dragons from that guy- he shipped them right away. luckily i ordered my stirges from hobbyextreme and got a confirmation email on monday.

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Lab Monkey
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07/12/2006 10:51 AM  
I just received this message from the seller:

quote:
There was a note attached to the refund to summarize, we did not receive our expected quantities on these items.


Edit: Ok, I had to dig around for a few more minutes to find it, but sure enough this was noted at the very bottom of the refund:

quote:
Sorry about this, but we ran short on both of these items and will not have a restock for at least several weeks.

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Ridureyu
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07/12/2006 10:51 AM  
Did he not get as many stirges and fire elementals as he had expected?

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07/12/2006 10:58 AM  
http://pages.ebay.com/help/policies/seller-non-performance.html

This would likely fall under both category 1 and category 2 for seller non-performance.

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Lab Monkey
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07/12/2006 10:58 AM  
quote:
Originally posted by Ridureyu

Did he not get as many stirges and fire elementals as he had expected?

Apparently not.

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griffrat
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07/12/2006 11:05 AM  
I wonder how many other sellers fell short of anticipated levels....

Which presents a very interesting dilemma for sellers.

First, if they are selling pre-release items, such as this, and fall short can they "sit on your order" to fill the item level or do they refund.

Second, selling items at a very high BIN price in hopes of making the profit from one person the seller would have made from three people. But filling the order....

Not that I know anything other than I am sitting here at work...[:D]

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Lachlarlan_the_Mad
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07/12/2006 11:16 AM  
This is one of the reasons I dislike ebay so much and refuse to use it.

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kyrin
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07/12/2006 11:22 AM  
Wow. I just got an order in from them. That really stinks. They should have at least contacted you and tried to work something out. Well, so much for putting them on my "favorite sellers" list. Please let us know if there are any further developments.

JIM
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Lab Monkey
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07/12/2006 12:02 PM  
quote:
Originally posted by kyrin

Wow. I just got an order in from them. That really stinks. They should have at least contacted you and tried to work something out. Well, so much for putting them on my "favorite sellers" list. Please let us know if there are any further developments.

JIM
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Will do. I sent off a very polite email thanking them for the reply and asking if there was any way to work this out. I did mention that this likely falls under "non-performance", but I did it in the nicest way possible. I'll keep you posted.

Thanks for the support and for listening to me vent.

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Faragdar the Wise
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07/12/2006 1:05 PM  
I'm not so jealous of all the people who scored cheap stirges in pre-sales any more. I'm sure, if I had done it, I'd be in your boat, Lab Monkey.

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robby
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07/12/2006 1:09 PM  

Thats a sleazy way of doing business, plain and simple. Thanks for the warning. At least, looking at his current auctions, he's not selling any DDM, so he's probably not lying about that.



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glumag
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07/12/2006 1:14 PM  
quote:
Originally posted by Lab Monkey

quote:
Originally posted by kyrin

Wow. I just got an order in from them. That really stinks. They should have at least contacted you and tried to work something out. Well, so much for putting them on my "favorite sellers" list. Please let us know if there are any further developments.

JIM
aka kyrin

Will do. I sent off a very polite email thanking them for the reply and asking if there was any way to work this out. I did mention that this likely falls under "non-performance", but I did it in the nicest way possible. I'll keep you posted.

Thanks for the support and for listening to me vent.

Wow man, that really stinks. I hope at least he honors the pre-sale once he gets the stock back in, but what he did is horrible form.

I assume little will be done to make him accountable, by far the biggest damage is what you just did, letting the community know.

This is one thing I do when I have a problem on eBay regarding minis (usually no feedback left) I let them know I am member of maxminis.com and hordelings.com and that our collectors community prides informing their members on the performance of sellers; so far I've gotten the problems resolved within 24hrs.

Gotta hit them where it really hurts, sales=money

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gausse
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07/12/2006 1:40 PM  
I had a major online store do something similiar to me with the last set. Presold minis and then when they came out figured out their presale price was a bit low. So they just cancelled my order. Or said I could have one in place of the six I paid for. Nice.

You are taking a calculated risk my preselling. Stick by it or don't do it!

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07/12/2006 1:42 PM  
quote:
Originally posted by Lab Monkey

quote:
Sorry about this, but we ran short on both of these items and will not have a restock for at least several weeks.




It seems our dear seller has forgotten something: eBay auctions are not the same as retail store purchases, where such sales are limited to in-stock, accounted-for items. As eBay's interface stresses when you place bids, you enter a legally binding contract for the purchase of the item, the terms of which are listed on the Non-Performance page Zenthrus linked to. The seller also enters the contract, however.

The buyer is not released from obligation to pay for lack of funds, and the seller is not released from obligation to deliver for lack of merchandise. Both parties must strive to provide their item (money or merchandise) as soon as possible. If a problem has occured on having either of those, the relevant party should ask permission to take a little longer to fulfill the agreement, i.e. "Um...we're out of Stirges. Is it okay if we ship in a few weeks? If not, can we do a refund?"

In this case, the pre-emptive refund is invalid! The buyer must specifically release the seller from his obligation in order for the refund to be acceptable. Andersonsarcana must fulfill your order as soon as they can or request your release from the contract. They cannot release themselves, just as the buyer cannot excuse themself from a contract. You need the other party's permission, which I presume this seller lacks since you're posting about this situation.

Thanks for the warning about this guy. Do let us know if he makes good on the contract after all, though? Otherwise I won't be buying from him, not when we have Auggie, Hubb, Vesivus, and numerous other reputable DDM sellers on eBay.

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Lab Monkey
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07/12/2006 1:52 PM  
Well check this out. Here's the message I sent him:

quote:
Hi,
Thank you for the speedy reply. You're correct there was a brief note attached to the refund which I missed. Thanks for pointing that out.

Is there any way we can work this out to honor my original bid for these items? I don't mean to be difficult here, but canceling an item falls under seller non-performance:
http://pages.ebay.com/help/policies/seller-non-performance.html

I'd much rather work with you to resolve this, even if it means a small delay to receive the items. It's going to be a big pain to track down these items from other sellers.

Thanks again for getting back to me.



Here's his reply:
quote:
As I said in my original note, I do not have a restock on these within the next month and even when I do get more in I cannot ensure that I will have these in the quantity that I would order. Now, in regards to the rest of your note: I would like to keep things friendly if possible so I will disregard your threat. As for your assertion that it would be difficult to find these items again, I have taken about 30 seconds to "track down" about 30 of each item for you - it wasn't that much of a pain.

http://search.ebay.com/search/search.dll?from=R40&satitle=small+fire+elemental
http://search.ebay.com/search/search.dll?from=R40&satitle=stirge


Good times...

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robby
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07/12/2006 1:55 PM  

Good - if he found them, the jerk-off should buy them and supply them to you at the price you paid.


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glumag
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07/12/2006 1:59 PM  
quote:
Originally posted by robby


Good - if he found them, the jerk-off should buy them and supply them to you at the price you paid.
Indeed, what a f***ing a**hole; it is obvious the douche things that was a threat so it tells us he is close minded and not willing to work things out.

LM, file a complaint to eBay and PayPal and I assure you he will never get my business, as I am sure others will not as well.

Send him the link to this page and file his lame ass under the

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07/12/2006 2:07 PM  
quote:
Originally posted by robby


Good - if he found them, the jerk-off should buy them and supply them to you at the price you paid.




that would be my next email to the guy

its either that or ebay non-performance, take your pick

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07/12/2006 2:22 PM  
Of course Lab Monkey you're assuming that this seller is singling you out which I'd bet he isn't. There's probably been a lot of people who he had to refund and in the process he's received a lot of complaints from others and possibly some that are threatening. So the guy could already be in a bad mood from other buyers calling him names and slinging threats his way. I've had other sellers send me a refund because something they thought was in stock was not. I wasn't happy about it but they did refund my money so it's not like I was at a loss like some other sellers I've had to dispute through Paypal. Also this seller has to pay for the auction posting. So he pays, you get your money back and he loses out on a sale. I don't know about you but if I had to do that to several buyers that could add up to a lot of lost revenue. If he had say 20 sales that he had to refund and still pay the posting fees on that's a good chunk of lost money which sucks for him. Plus obviously you're pissed and won't buy from them again. Sure andersonsarcana_com could be a real jerk for retaliating on negative and neutral transactions but from the looks of things most of their feedback has been good. This seller is certainly not as bad as many others we've encountered like that piece of crap from Sherman, TX. Personally I think you're all overreacting.

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07/12/2006 2:31 PM  
Actually, LM isn't overreating at all. He didnt even issue a threat to the guy. He just informed him of something he may have not been aware of.

The guy himself seems to be a bit of a prick just in the fact that he took it upon himself to find other ebay autions. If he would have said "I'm sorry, I may not have them but heres a few other that may, goodluck" it would have been one thing. But to act 'high-and-mighty' and say "oh look it wasn't a pain at all, it took me a total of 30 seconds" says something about him IMHO.

And the fact that he took it as a threat tells me that he knows he screwed up and he knows that it's in bad practice and is just "ignoring it" in hopes it goes away.

Too bad you can't "ignore" maxminis.com [)][)]

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07/12/2006 2:31 PM  

Who cares if this seller incurred extra fees? He shouldn't have sold those items in the first place if he didn't order enough cases to cover them. Its not like the number of minis in a booster/case and set rarities have been a state secret. That is the seller's problem, plain and simple. Poor planning doesn't exempt you from a contract. You'll notice that auggie and ahubb and lostshade and vesivius and any number of other sellers aren't backing off their sales.

Plus, because LM had thought he'd filled his order needs already, he probably missed the wave of the best pricing. Now he's going to have to spend more $$ to fill his desired quantities.

Is this guy SES_Games level scum? Definitely not. But its still pretty poor business practices. Not someone I'd order from, not knowing this.


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07/12/2006 2:32 PM  
I don't think he's overreacting. What if after winning the auction LM had sent an e-mail saying 'I'm sorry my stock of money is less than I originally thought, so I won't be able to purchase the agreed to items at this time.'?



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07/12/2006 2:33 PM  
quote:
Originally posted by gausse

I had a major online store do something similiar to me with the last set. Presold minis and then when they came out figured out their presale price was a bit low. So they just cancelled my order. Or said I could have one in place of the six I paid for. Nice.

You are taking a calculated risk my preselling. Stick by it or don't do it!



Now wait-a-minute! Who was this? We gotta know about this guy too!

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07/12/2006 2:39 PM  
Seriously overreacting! All of you are. Honestly didn't Vesivus come on here and say he found only about 5 Stirges in a dozen cases? I've also heard of someone not getting a single Small Fire Elemental out of 3 cases. We all agree that the distribution of this set has been f-ed up so the guy planned for what he would normally have gotten and was wrong. He apologized initially and refunded LM's money. In his replies LM did state "canceling an item falls under seller non-performance" which could be interpreted as threatening. If you've read this page: http://pages.ebay.com/help/policies/seller-non-performance.html you know why anyone would feel threatened. To me the seller isn't being any of the names people are calling them. They are just being honest about the fact that they don't have the items and might not get them. Like I said there are far, far worse sellers out there.

R~

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07/12/2006 2:42 PM  
One time I sold an item on e-bay, but it got destroyed before I could ship it.

Do you know what I did?

I notified the buyer that there was a delay, went out, BOUGHT A REPLACEMENT, shipped it, and ate the extra cost!

that's life for you:P

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07/12/2006 2:43 PM  
quote:
Originally posted by robbdaman:
Like I said there are far, far worse sellers out there.



How does this fact release him from his obligation?



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07/12/2006 2:54 PM  
"Seriously overreacting! All of you are. Honestly didn't Vesivus come on here and say he found only about 5 Stirges in a dozen cases? ..."

Baloney! The seller offered an item for sale and made the assumption that he would get that item in the cases he bought. He's gambling that the sales of singles will gross more than the cost of the cases to get said singles. That is the -seller's- risk, not the buyer's. If he has to buy more cases than he expected to fill his preorders, that's what he has to do.

Cancelling LM's preorder is exactly the same as a non-paying bidder. He made a contract and he needs to make good on it or suffer the consequences (seller non-compliance).

Bob


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07/12/2006 2:58 PM  
quote:
Originally posted by robbdaman:
Honestly didn't Vesivus come on here and say he found only about 5 Stirges in a dozen cases?


I'm not exactly sure how that is applicable, but something tells me vesivus wouldn't have been so cavalier about it.



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07/12/2006 3:05 PM  
Well to be honest I didn't really feel like fighting this one out. I've had a series of negative experiences in dealings with people lately (for instance, landlord refused to refund a security deposit when there were no damages). As has been pointed out, in this case I got my money back so it could have been much worse. So I fired off the following email:

quote:
I'm not sure where you are getting a "threat" from my previous email. That was not my intention. I was simply asking if we could work something out to our mutual satisfaction. Obviously you don't feel that we can.

Thanks for your time.


Like I said, I'm not in the mood to fight right now. A few minutes later I was very surprised to receive this reply:

quote:
Hi again. I think that I see what the problem is here. The stirges have gone up - dramatically. I was not aware of this until I actually looked at some of the closings a few minutes ago. I understand that while you may think I'm trying to screw you over, I do not play this game, and I have not been watching the market for these figures. I will also tell you that I took your message to be threatening and offensive although I do thank you for good spelling and politeness (both seem to be getting rare).

Here's where I stand - after calming down a bit. I have 2 stirges and 2 small fire elemental left. I didn't think that you would want your order in that state - I understand a little better now. If you want to resend the payment I can:

1 - send those items plus others that I have to make up the difference at an exchange in your favor (given what I have left).
2 - acquire 1 stirge, and send that order along with the 2 fire elementals (you pay for stirge order only).
3 - some combination or derivative of 1 and 2.

Finally, I think that it would be appropriate to apologize for my ignorance of your situation.


So I was very happy to read this. Here's what I replied:
quote:
Hi again,
I appreciate your last email very much.

I honestly was not trying to be threatening in the email with the policy link. I posted the link simply for informational purposes. You have my apologies if it came off as a threat. I'll take your comments to heart if I'm ever in a similar situation in the future.

I also believed that you were being honest about not getting enough of the uncommons this set. My friends and I are encountering similar distribution problems with this set.

I'm also very glad to read that you're willing to work something out. I'm pretty flexible about a solution. Either of the proposals you outlined below would be acceptable (I would probably prefer option number 2).

The easiest thing would probably be for you to just send me what you have (2 stirges and 2 fire elementals). I could pay you some pro-rated amount for these figures. I would be fine with this as a solution and would happily leave you positive feedback for all three auctions. Please let me know if that would work for you.

Thank you again for working with me on this.

He agreed and it looks like we've reached a mutually agreeable compromise.

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robbdaman
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07/12/2006 3:08 PM  
No, I just checked and he was cavalier about it. He stated that he opened 18 cases with only 12 Stirges averaging a stirge for every 9 boosters.

For everyone that keeps saying that this is non-compliance, I'm sure LM can complain to Ebay and I'll bet nothing will come of it. The seller didn't have things in stock and he refunded LM's money, Ebay has much worse sellers to worry about more than this guy and I doubt they'll do a thing about it. You can report away but I bet the Ebay guys laugh at someone complaining about a piece from a game they didn't get. They'll worry about the guy that doesn't send the hundreds of dollars or even thousands worth of stuff.

R~

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Forums > Dungeons & Dragons Miniatures > D&D Minis General Discussion > Ebay seller not honoring pre-sale: RESOLVED!



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