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Issues with a item

I received a skirt which I won a week ago - no answers from the seller until today - for £25. I collect certain designers and this skirt matches other pieces I have. It was described as new with tags but there are some issues. I sent the message below to the seller. I'm not sure how to proceed, it needs dry cleaning for starters. I'm unwilling to part with it as pieces like this only come up once in a lifetime. As a seller, what would you do?
Hello, thanks for replying as I was getting concerned. The skirt arrived today and I'm not thrilled about a few things. You described it as 'new with tags' yet it's clearly second hand and the tag is actually a dress agency tag. Secondly, the hook, to meet the eye at the top of the buttons is missing. Lastly and very disappointingly, there is a stain in the back of it, light brown, as if something had been spilt. This will have to be dry cleaned out. As you can see, there are several issues that I would like you to address. Thanks
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Comments

  • soolin
    soolin Posts: 73,399 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to be clear what you want here. If seller says tough luck all you can do is go through paypal for a SNAD chargeback which will result in you needing to return the skirt tracked for a full refund.
    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.
  • MsCrow
    MsCrow Posts: 534 Forumite
    I'd like her to stump up the cost of dry cleaning and repairs to the hook and eye - it's delicate silk chiffon. I'm aware of the SNAD thing which is why I don't really want to go that route; the chances of finding this skirt again are nil.
  • soolin
    soolin Posts: 73,399 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    In that case I think I would give her a couple of days to respond and if she doesn't get back to her with a quote for the repairs and dry cleaning, ask outright for XX to cover.Be prepared though for her to say nothing doing and just send it back for a refund.
    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.
  • MsCrow
    MsCrow Posts: 534 Forumite
    edited 15 July 2009 at 12:18PM
    Mmmm, I'll try that route but shall baulk at sending it back, I'm so cross she misdescribed it in the first place and completely overlooked condition. If she goes the sending back route, are you able to ask for partial refunds through paypal? If so, I'd raise it for the cost I'm quoted from our decent dry cleaners.

    I just checked and on contacting the seller about a problem form it says ' This seller doesn't accept returns.'
  • soolin
    soolin Posts: 73,399 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If the seller is selling as a personal seller, ie her own personal goods then she doesn't have to accept returns for a change of mind but she must still accept returns for items SNAD, so ignore that bit.

    If she buys to sell, and the second hand clothes market is big business, then she should accept returns for any reason.

    She may of course be incorrectly registered.
    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.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 15 July 2009 at 1:42PM
    MsCrow wrote: »
    Mmmm, I'll try that route but shall baulk at sending it back, I'm so cross she misdescribed it in the first place and completely overlooked condition. If she goes the sending back route, are you able to ask for partial refunds through paypal? If so, I'd raise it for the cost I'm quoted from our decent dry cleaners.

    I just checked and on contacting the seller about a problem form it says ' This seller doesn't accept returns.'

    When you raise a claim, you can propose a partial refund (and keep the item)

    However the seller may not agree and insist the item is returned for a full refund.

    A request for a partial refund can sometimes be useful if the seller fails to respond. When you raise the dispute to a claim, say that you would return the item if the seller agreed, but the seller has failed to respond so you don't have their address - I've won a partial refund that way :)

    As soolin says, ignore the bit about no returns - that's only if you change your mind not for an item misdescribed.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    soolin wrote: »
    ...If she buys to sell, and the second hand clothes market is big business, then she should accept returns for any reason...
    I thought DSRs only applied to BIN items, not auction items.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • MsCrow
    MsCrow Posts: 534 Forumite
    Premier wrote: »
    A request for a partial refund can sometimes be useful if the seller fails to respond. When you raise the dispute to a claim, say that you would return the item if the seller agreed, but the seller has failed to respond so you don't have their address - I've won a partial refund that way :)

    Thank you, that's very helpful. I will await her reply and try this is if there's no communication. I may as well get it dry cleaned anyway due to my reluctance to it send back - I'm taking it away next Friday - but shall wait as long as possible before I do for a response.
  • piratefairy
    piratefairy Posts: 4,342 Forumite
    Premier wrote: »
    I thought DSRs only applied to BIN items, not auction items.

    As far as I'm aware, DSRs would apply to any BIN, but also if she is a business seller, she would have to acceptr returns that way, auction or BIN.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    As far as I'm aware, DSRs would apply to any BIN, but also if she is a business seller, she would have to acceptr returns that way, auction or BIN.

    I don't think so. DSRs only apply to business sellers and not to auction formats. (so just BIN, SCO, etc)
    The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.
    http://pages.ebay.co.uk/help/buy/return-item.html
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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