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Received Faulty Product through Ebay, what should be my next course of action?

I was hoping for some advice, I have been buying from ebay for quite a few years now and selling quite a bit recently.
I have just purchased a new item without tags and when it arrived it is clearly not brand new, I have contacted the seller who has just helpfully replied saying they dont accept refunds.
To be honest I was really surprised by there response and feel I want to now take this further, I wanted this item as a gift and I dont feel it is suitable as a gift.
The condition is not really bad and I would probably accept it (though be a little disapointed) if I had bought the item as used for myself, but when someone sells something as new I consider that to be unworn but this item is actually dirty and slightly damaged.
Should I open a case in ebay or paypal? I have never had any problems at all thankfully through ebay but dont really want to just roll over and accept this comment from the seller.

Thankyou for any advice.

Kerry
Competition wins - 09/03 - £500 ELC Vouchers 11/04 - Lush Goodies 21/04 - Gillette Fusion Gift Pack 22/05 - Mirrors DVD 29/05 - Return Flights to London & £500 29/05 - £50 Homebase Gift Vouchers 20/09 - Remote Control Helicopter 28/09 - £225 Bingo Win 05/10 £25 Photobox Vouchers 16/09 £90 Cash 30/11 £29 Cash 03/01 £20 03/04 Fifa Football :T

Comments

  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    I don't have much practice with not-as-described disputes, but...

    In either case you have to return the item at your own expense, as Paypal cannot reimburse you for return postage out of the seller's account, but you will get all you paid back.

    However, apparently eBay have sometimes given out return postage labels or credits, so it might be more worth your while going through them. You would have to return tracked in either case.

    Good luck.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • Thank you very much Crowqueen, this is a first for me too.

    I expected that I would have to return it at my cost and am prepared to do this out of principle as I dont want this buyer to think they can get away with selling an item as new when it is not.

    I was reading through pages and pages of this thread before reading you reply and had opened a case in paypal, hope thats the right thing. I have escalated it so I am assuming I will just have to wait for what paypal decide.

    Thank you again for your response.
    Competition wins - 09/03 - £500 ELC Vouchers 11/04 - Lush Goodies 21/04 - Gillette Fusion Gift Pack 22/05 - Mirrors DVD 29/05 - Return Flights to London & £500 29/05 - £50 Homebase Gift Vouchers 20/09 - Remote Control Helicopter 28/09 - £225 Bingo Win 05/10 £25 Photobox Vouchers 16/09 £90 Cash 30/11 £29 Cash 03/01 £20 03/04 Fifa Football :T
  • PRINCESSKERRY
    PRINCESSKERRY Posts: 841 Forumite
    Part of the Furniture Combo Breaker
    Well I heard back from Paypal this morning and they have asked me to return the item to the seller for a full refund.

    Will Recorded delivery be sufficient? I hear stories about recorded delivery not tracking online etc, if this is the case would Paypal refund me if despite me posting recorded they couldn't confirm the seller had signed for it?

    Thankyou

    kerry
    Competition wins - 09/03 - £500 ELC Vouchers 11/04 - Lush Goodies 21/04 - Gillette Fusion Gift Pack 22/05 - Mirrors DVD 29/05 - Return Flights to London & £500 29/05 - £50 Homebase Gift Vouchers 20/09 - Remote Control Helicopter 28/09 - £225 Bingo Win 05/10 £25 Photobox Vouchers 16/09 £90 Cash 30/11 £29 Cash 03/01 £20 03/04 Fifa Football :T
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Well I heard back from Paypal this morning and they have asked me to return the item to the seller for a full refund.

    Will Recorded delivery be sufficient? I hear stories about recorded delivery not tracking online etc, if this is the case would Paypal refund me if despite me posting recorded they couldn't confirm the seller had signed for it?

    Thankyou

    kerry
    A recorded delivery number is sufficient for Paypal, yes.

    There are sometimes issued but you are insured for £46 so if by some chance it does go missing or doesn't show as tracked, then it is possible to claim your money from RM instead. If the dress was worth over £46 though it should go Special Delivery.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • PRINCESSKERRY
    PRINCESSKERRY Posts: 841 Forumite
    Part of the Furniture Combo Breaker
    Thankyou so much Crowqueen, great I will just ensure it is sent back recorded today then.
    Competition wins - 09/03 - £500 ELC Vouchers 11/04 - Lush Goodies 21/04 - Gillette Fusion Gift Pack 22/05 - Mirrors DVD 29/05 - Return Flights to London & £500 29/05 - £50 Homebase Gift Vouchers 20/09 - Remote Control Helicopter 28/09 - £225 Bingo Win 05/10 £25 Photobox Vouchers 16/09 £90 Cash 30/11 £29 Cash 03/01 £20 03/04 Fifa Football :T
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