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What to do about item I'm not happy with?

I'm not sure where I stand with an item I purchased. It was described as excellent condition in the title and description. But part of the item is damaged. Thinking it might've been done during shipping, I checked the photo provided but found that the damage was already there (not done during transit). The damaged part is a mirror (the flexi type found on kids toys). In the photo, it could be argued that it was part of the mirror's reflection or something was shinning in the mirror but it is there. I didn't notice it.
What should I do? I'm not happy that the item was described as excellent condition and no mention of the damage. But it is shown in the photo.
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Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    First - you email the seller!
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • colony
    colony Posts: 205 Forumite
    First - you email the seller!
    Agreed. Politely explain and ask for a refund. Some people are decent still!
    Wins: Avene Protective Hydrating Cream; 2 x Calvin harris Tickets @ iTunes Festival.

    Debts: Student Loan £14207.93; Graduate Loan £400 ; Car loan £19000
  • stressers
    stressers Posts: 191 Forumite
    I will contact the seller. But I didn't want to complain when I don't know if I have a leg to stand on. The damage is sorta in the photo but no mention of it in the description.
  • stressers
    stressers Posts: 191 Forumite
    I emailed the seller saying about the damage. They replied saying that the bend was very very minor (no is wasn't!!!) and it can clearly be seen in the photos provided. No it can't. I thought it was something being reflected in the mirror. I can only see it because I know what it is now, what I am looking at. With bend, the seller says the item is what they consider as in excellent condition. No where in the description is there any mention of any damage (minor or large) and this is not what I consider excellent condition.
    Anyway, seller says if I feel the item was damaged in the post then we can make a claim from royal mail. I've never done this so I don't know if it can be done or if it is worth it. Also, seller says if I am not satisfied to return the item and they will refund me. I don't know if seller will refund the postage costs as well and I don't what to be even more out of pocket.
    What is my next step? I've been with eBay for YEARS and have never been in this situation before.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    To be honest, the refund on return is the best offer you're going to get.
    The seller isn't obliged to refund your return postage.
    Without knowing the sums of money involved, it's hard to know whether that makes it worth your while.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • colony
    colony Posts: 205 Forumite
    If she files an "item not as described" dispute, won't she get back the full amount paid back?

    As she didn't mention the damage in the description, and described it as "excellent", I would file a dispute with Paypal (if you used it).
    Wins: Avene Protective Hydrating Cream; 2 x Calvin harris Tickets @ iTunes Festival.

    Debts: Student Loan £14207.93; Graduate Loan £400 ; Car loan £19000
  • shelly
    shelly Posts: 6,394 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    colony wrote: »
    If she files an "item not as described" dispute, won't she get back the full amount paid back?

    As she didn't mention the damage in the description, and described it as "excellent", I would file a dispute with Paypal (if you used it).


    If a buyer wins an item not as described dispute they get the full amount paid back but OP is asking about the cost to return the item. As fay said the seller isn't obliged to refund the cost of returning the item.
    :heart2: Love isn't finding someone you can live with. It's finding someone you can't live without :heart2:
  • stressers
    stressers Posts: 191 Forumite
    I'd rather not go to dispute - only if I have to. I don't really care what happens to the item, whether it is returned to the seller to sell again (if they want to) or not. I just want a refund and not have to pay out to get any of my money back. If I sent the item back, I think I'd only get the money back on my actual bid which was only £1. But the postage was expensive, so I wouldn't really be getting a full refund.
  • soolin
    soolin Posts: 74,408 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you win a paypal dispute you have to return it at your own cost but you get all of the orignal payment back including postage paid.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • stressers
    stressers Posts: 191 Forumite
    soolin wrote: »
    If you win a paypal dispute you have to return it at your own cost but you get all of the orignal payment back including postage paid.

    I'll get the amount I bidded, the p&p costs and the p&p to return item to the seller refunded?
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