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Item not as described?

Hi,

I've won/paid using paypal 3 used football shirts on ebay from the same seller. Each shirt was listed seperately, described as being in excellent condition, with postage cost of £2.50 and he stated he wouldnt accept returns. He sent the 3 shirts in the same package after we had negotiated a combined postage cost of £5.

I received the shirts today and 2 are brilliant but I am not happy with one of them. The one I'm not happy with has a dodgy neck/collar. I checked online to ensure that its not supposed to be designed like that!!! I wouldnt normally worry but the neck isnt central and thus the folded over collar doesnt sit properly and looks lop sided. This couldnt be spotted from the photo on the listing and maybe i'm being cynical but it might well be the seller took the photo at such an angle so this defect couldnt be seen.

I'm about to email him to let him know that i'm not happy with the third shirt. Before i do so i'd like to pick this forums brains so that i know where i stand should he be unwilling to reasonable.

Basically, i want to keep the first two shirts and be refunded for the third. He stated the shirt was in excellent condition but due to the dodgy neck i dont think this is right so can i claim the item is not as described? If so i assume that means he has to accept return/refund the shirt even though he said he wouldnt. Who is liable in this situation for the cost of returning the defective shirt. From memory its got to be sent back to the seller recorded to satisfy paypal hasnt it?

Thanks in advance for your help.

Comments

  • moochie
    moochie Posts: 109 Forumite
    edited 21 April 2009 at 11:43AM
    hiya, ive just posted and saw your question, im in a bit of a similar situation :)

    as far as i am aware, you have to pay for return postage for items returned to seller, although it is the general opinion that a 'good seller' will refund you these, in practice it rarely happens. Take lots of pictures of the item before you return, and make sure you return it with tracking, recorded delivery or whatever, paypal will automatically find in the sellers favour if you can't provide tracking, and trust me, from experience you don't want to have to try to appeal against a paypal decision, its like talking to a brick wall!!! They don't work on logic, i don't even think a lot of those who work for them are human beings, more robotic i think!

    as for claiming, i think it depends on how paypal have processed the payments, its similar to my situation, 3 items same seller, separate auctions, i have 2 claims open because paypal split the transactions into 2, 1 with 1 item and 1 with the other 2. Though i was given the option with the double transaction as to which item i wanted to claim for. Ive read time and time again that what the auction states, ie no returns etc, is worthless as far as paypal is concerned, if seller can't prove delivery or that the item is as described, they lose.

    im sure much more experienced posters will come and answer for you, ive just been searching the ebay boards myself and this is what ive come up with :)
  • moochie wrote: »
    hiya, ive just posted and saw your question, im in a bit of a similar situation :)

    as far as i am aware, you have to pay for return postage for items returned to seller, although it is the general opinion that a 'good seller' will refund you these, in practice it rarely happens.

    Thanks for your post. That's the bit i'm confused about. It wont cost that much to return the item but as a point of principle i dont see in this situation why the buyer should have to pick up the cost of returning the item. From the photo i couldnt see the defect and he described the item as being in very good condition. I wont be wearing the shirt due to the defect. When you buy a shirt i would expect the neck to be central and if it wasnt i would have expected him to point this out. I hope you get your own situation sorted out quickly. Cheers
  • durham_girl
    durham_girl Posts: 2,715 Forumite
    Red_Lozzer wrote: »
    I dont see in this situation why the buyer should have to pick up the cost of returning the item.

    That's just the way it is, blame Paypal
    :j30/7/10:j

    :j24/1/14 :j
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