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Unscrupulous seller help please!

Hiya,

Need some help as I've a feeling I'm about to lose my money :mad:

I bought 2 items from a seller on ebay to be used as gifts. When I received the items they had large white promotional writen written on them which was not depicted in the auction listing nor the picture. I cannot now use these items as gifts as they are COMPLETELY unsuitable. The seller is refusing to give me a refund.

I had seen other auctions from other sellers for the same item which had stated that the item had promotional writing on them. Was I wrong to assume that the items that I eventually bought were pristine? He did not mention the promotional writing in his listing, which I think he should have as it is HUGE! He also must have turned the item over in it's packaging so as to photograph it without the writing showing. The seller is saying that he will not refund as I should have asked the question and he would have answered honestly.

I have put a claim in with paypal for item not as described but I am worried that they will side with him and agree that I should have asked if I specifically didn't want the writing on the item.

Aaaaaarrrrrrrghhhhhh! It's not a great deal of money but I can't afford to lose it as I've just had a baby and money is a bit tight atm :-(

Thanks, F x

Comments

  • I would think that the seller should have either shown a picture so that you could see it said promotional on it or alternatively mentioned this in the auction listing description. Sounds rather deceitful IMO.

    You've done the right thing by putting in a claim with PayPal.
    --><-- Sugar Coated Owl --><--

    If you believe, you will survive - Katie Piper

    Woohoo! I'm normal! Gotta go tell the cat.
  • As far as I know, Promotional Items can not be sold.

    Is there anywhere on the packaging that says 'not for re-sale'?

    I would be peeved if that happened to me.:mad:

    Can i ask what you ordered?
    :dance: "Never save something for a special occasion. Every day in your life is a special occasion". _party_
  • chirpy007
    chirpy007 Posts: 444 Forumite
    Part of the Furniture Combo Breaker
    Very unfair, he should have informed you. Sounds like a right little tw*t. Good luck, hope you get your money back
  • angelcake
    angelcake Posts: 4,496 Forumite
    Hi, Yes he should have told you, you do have a case! Items are supposed to be described as they are, he has deceitfully hidden this from you on purpose! whats his feedback like cos he sounds arrogant!

    Would he give you a partial refund and you do something with the gift..... i.e if it is smellies take out of the packaging and into a nice basket or something?

    Sorry to hear this and Good Luck with paypal!
    :p:p Angel :p:p
  • syanide
    syanide Posts: 357 Forumite
    email him back and say they are not as advertised but also start a paypal claimback for them and raise it with ebay...
    =======================
    :cool: Search Engine Specialist :rolleyes:
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  • hjb123
    hjb123 Posts: 32,002 Forumite
    Yep carry on with the paypal route and do a dispute - dont worry too much - you should be able to win the dispute - but in order to get a refund you will probably have to return the items to the seller by a trackable means and also at your expense. Was the item quite valuable? As another poster says would you be able to accept a partial refund and give the present either as it is or out of the packaging?

    Does the seller sell quite alot? Whats his feedback like?
    Weight Loss - 102lb
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