Item not as described?

sarahg1969

Husband has sold a jacket on ebay. He's not received an "item not as described" message from his buyer. It was listed as a 42 and is a loose-fit linen jacket. He's a 42 and it fitted him fine - but loose, as is the style. He didn't list the measurements, and the winning bidder didn't ask. She now says she likes it, but it's way too big for her husband who is a generous 42, sometimes a 44. You'd think that, if the size were so crucial, she'd have asked for the measurements (particularly as her husband is sometimes a 44). She claims it has the wrong label in. But it's clearly not.

He has replied saying it's a loose fit and it was OK on him, and has suggested that she relists it.

Is he going to be forced to refund? This is the second buyer - the first didn't like the colour and he gave in to her!

He's not a business seller, and the auction does say no refunds.

Mrs_justjohn

Well if the label in it states 42" and that is what it was desc as then it clearly is 'as described'. However this makes not a jot of difference....LOL

If he starts a dispute, depending on what he states as the reason he may well win.

As a private seller you have no legal obligation to accept it back but you have to weigh up the potential consequences of any actions

sarahg1969

Thanks. Hey presto! It's now got stains on it. And if he doesn't refund, she's going to leave negative feedback. Brilliant.

hermum

Tell her to return it & you'll refund on receipt, you'll need to refund all the initial payment including p&p. If they open a SNAD then the chances are they will win & hope that they haven't marked it.

sarahg1969

hermum wrote: »

Tell her to return it & you'll refund on receipt, you'll need to refund all the initial payment including p&p. If they open a SNAD then the chances are they will win & hope that they haven't marked it.

She's going to neg him now anyway. She's said she's donating it to a charity shop.

hermum

Yes because charity shops love stained clothing being donated to them. Chances are they were after a freebie & you didn't play ball.
If I buy something on ebay & it doesn't fit is the wrong colour or I just don't like it, I take it as the risk for buying clothing on ebay. I would only expect to return if it was described incorrectly.
If she leaves a neg, reply calmly & it should say more about her being a pain than you being a bad seller.

Norfolk_Jim

At least you wont have to give a refund now

sarahg1969

Thanks, all. He's being really polite to her, but sticking to his guns. She's ranting and raving and calling him aggressive. Grrr. I wish we'd just taken the blimming thing to a charity shop!

Mrs_justjohn

hermum wrote: »

Yes because charity shops love stained clothing being donated to them.

Actually most don't mind at all. All the ones in my area sell any 'unsaleable' clothes, fabrics, soft furnishing etc to the rag bag man. They get a price per KG and have actually asked me to take in EVERYTHING no matter how dirty or damaged.

Mrs_justjohn

sarahg1969 wrote: »

Thanks. Hey presto! It's now got stains on it. And if he doesn't refund, she's going to leave negative feedback. Brilliant.

Yes I suspected this would happen - I am afraid there is not a lot you can do to combat that type of buyer.

fuzzgun19

I bought something that wasn't as described, but had to open a case, and then the seller agreed to refund, so I sent the item back.
It was signed for, and the surname printed on the RM site was the sellers surname, but I have received this from the seller

"I tracked your package sent through Royal Mail, and noted that they said that I had received and signed for as such. Unfortunately this is not the ease. I did not receive your package, or sign for anything. Upon checking the Royal Mail delivery record, where a signature should be recorded, a number appears scrawled?? I will be happy to refund once I have received the package back, but I do not have it here yet, so at this stage, I would suggest you take this matter up with Royal Mail. I presume you returned using a service that covers you for loss or breakage, as recommended? "

What should I do.. it's clear the seller has received it, but they're just stalling.