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eBay Item not as described case - How is this likely to play out?
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I've opened a case against a seller for an item being not as described. I bought a bundle of maternity clothes that she listed as BNWT, in fact only 2 items were and the rest were used. However, in the description she stated everything was immaculate and only worn once or twice. With this in mind I bid quite high for them and won. I expected to receive the bundle in pristine condition with no wear or flaws but sadly this wasn't the case.
A pair of jeans are frayed at the bottom, most tops have some bobbling, large greasy stain on a nightdress, one of the BNWT tops has a mark on it and both of them have belts missing. There are belt loops on both tops and the style of them is to have a belt that ties over the bump. They would have been sold in the shop with a belt.
I've opened a case against the seller stating the above asking for a partial refund and I keep the items or I return them for a full refund and she covers the cost of return postage. She's having none of it and says she's spoken to someone at eBay at length and they've told her the case will be found in her favour.
Has anyone been in a similar position and can advise as to what might happen? I thought eBay always found in the buyer's favour in cases like this. I'm slightly worried as I paid a lot of money for the bundle and I've ended up with a load of carp!
A pair of jeans are frayed at the bottom, most tops have some bobbling, large greasy stain on a nightdress, one of the BNWT tops has a mark on it and both of them have belts missing. There are belt loops on both tops and the style of them is to have a belt that ties over the bump. They would have been sold in the shop with a belt.
I've opened a case against the seller stating the above asking for a partial refund and I keep the items or I return them for a full refund and she covers the cost of return postage. She's having none of it and says she's spoken to someone at eBay at length and they've told her the case will be found in her favour.
Has anyone been in a similar position and can advise as to what might happen? I thought eBay always found in the buyer's favour in cases like this. I'm slightly worried as I paid a lot of money for the bundle and I've ended up with a load of carp!
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Comments
Definite false advertising
I recommend posting on the buyers forum on ebay and seeing what else folk can tell you.
I think the bit about her speaking to eBay is a load of rubbish.
Sounds like she's trying to scare you off.
I agree. If the case is open then see what happens and escalate it after 8 days if the seller is still messing about. Only communicate with her through ebay, too.
She won't accept me returning the items at my expense or hers. She refuses to refund me at all so I have no choice but to escalate the claim. I don't have the option to do that at the moment, I assume it will appear after a few days have passed.
Something 'worn one or twice' can't also be Brand New With Tags, can it?
Unless they were worn and not washed afterwards.
http://pages.ebay.co.uk/help/buyer-protection-faq.html#The%20item%20I%20received%20is%20either%20wrong,%20damaged,%20or%20it%20doesn%E2%80%99t%20match%20the%20seller%E2%80%99s%20description%20%28%E2%80%9CSignificantly%20Not%20As%20Described%E2%80%9D%20or%20SNAD%29.%20When%20should%20I%20contact%20eBay?
Likelihood is ebay will find in your favour, you'll get your purchase and postage prices refunded but you'll have to pay return postage. You can leave negative feedback but the seller cannot leave negative feedback for you.
I'd be tempted to link that guidance to her, don't enter a tit-for-tat 'ebay said...' '...no they didn't' argument, instead say you want to receive x refund and if she agrees then you get the items you want, she gets a partial sale she wants and you could agree not to leave negative feedback (but I'd leave neutral feedback in this scenario). Otherwise advise you've tried to negotiate as best as you can, you'll have to walk away from discussions if she cannot reason and you'll leave it in the hands of the ebay dispute centre.
Might want to take photos of the problems and email them to her demonstrating SNAD problems.
The rules are definitely on your side here, but you'll have to pay return postage if you cannot mutually agree something.
I wouldn't mention feedback at all. Feedback blackmail is frowned upon by eBay.
If the worst that can happen is that I'll have to fork out for return postage then I can live with that. She's also whinging that it cost her £12 to post to me by Parcelforce and she only charged me £5.00 so there's no way she's covering return postage cost. I've already priced up what it will cost to send back and My Hermes will do it for £5.40, lol!
They don't always do that, though. It's a rarity. Certainly worth waiting until ebay says to return the items, though.
First line of the first post didn't give that away, huh?
and seeing as the seller doesn't want them back, i can see ebay paying the postage.
ebay will probaly send you a label to send it back
Anyway I agree they will rule in your favour. They will even reimburse you and then ask the seller for the money back.
This happened to me, I sold something quite expensive, the buyer said it wasn't as described, ebay refunded them and they never returned it. Lost the money and the item.
Why didn't you point out to eBay that they hadn't returned it via a trackable method? In similar situations, from what I've read on the eBay forum, seller have threatened eBay with legal action. Normal procedure, if the seller doesn't respond to a case, is that eBay will request the buyer return the item and provide them with the tracking number so eBay can see that delivery has been at least attempted before refunding them.
I often buy second hand bundles of maternity clothes on eBay to re-sell. I used to do it all from the same account but realised it was better to keep buying and selling separate so opened another account just for buying, which is within eBay's rules.
She was already pretty annoyed with me for opening a case against her and now she knows I bought her bundle to re-sell she's probably even more narked. She's sent me a message asking if the selling account is mine and I haven't responded.
I'm now worried that if I see this case through and leave appropriate feedback she may try and ruin my business in some way. I sell only BINs with immediate payment so if she or her friends wish to trash my listings they'll initially have to cough up.
I should also point out she didn't post the bundle out to me until 2 weeks after the auction ended and didn't reply to my polite messages asking if she'd sent it. It's been a total nightmare from the get go. I know I should see it through but part of me thinks it would be best to close the case and cut my losses to protect my business account from a potential attack. It's a tricky one!
Basically, I bought an item of clothing that is only sequinned on one side (the front) - the description does not make any mention of this at all and there is no photograph of the back of the item. The seller is refusing to refund me by saying that I should have asked the question and that the black on the reverse of the item can clearly be seen (it can't - it looks like a shadow or seam)
I'm going to open a case with E-Bay next week when I can but I wanted to gauge opinions on how E-Bay would find in this situation.
Is the item usually sold with sequins on the back and in this case wasn't. Or did you just assume it was sequinned on the back?
To be honest I just assumed
And it can be either with or without - like any item of clothing.
What I meant was were you buying a specific top that you knew to be sequinned on both sides. Of course any piece of clothing can be decorated however, which would then lead me to say you probably have no case against the seller. Poor description maybe, but if they didn't lie then you shouldn't assume.