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Shoes labelled with wrong size

I've bought some trainers on BIN a month or two ago, that I didn't try on until today. I didn't try them on as I have the exact same pair in the size I ordered and have been wearing them for years, so I was surprised to find they're too small!

I am treating them as defective and I've contacted the seller and I only have a few days left to open a case so will be doing that shortly if I don't get a reply.

What I'm unsure about is whether they are fake. They are supposed to be ivory in colour (like the ones I already have) but are much more yellow than the ones I have. I let this go at first as I thought they may be a newer/older version of the shoe I have now. However, when I think back to the feedback for the seller, there were a few mentions of fakes being sold. I'm now wondering if mine are fake. I had a good look at them when I got them, just in case, but I brushed it off at the time. The fabric is thicker/stiffer and a slightly different colour than the ones I have. The only other difference is that the ones I bought are made in Vietnam, and my existing ones were made in China. If they're fake, they're extremely good copies (apart from the size issue). The seller is selling lots of pairs at a bargain BIN price.

So, after the lengthy explanation (sorry!), I don't know whether I have any place to say these may be fake in my resolution centre dispute/claim? Can I get into trouble if they're not? What proof can I provide?

I can't wear them and I can't sell them on as they're sized incorrectly. Am I going to end up losing out by paying for postage to return them?

Comments

  • mrs.way
    mrs.way Posts: 133 Forumite
    Hi I am not 100% sure on this but what if you open a case for item not as described? You will get a refund for sure (eBay always sides with the buyer and does not tolerate fakes!) but not sure on the issue of sending them back.

    I bought a damaged bag, the seller wouldn't accept that it was damaged so I did a case, got my refund and no-one ever mentioned sending the bag back (not even the seller)so I binned it so I was quite lucky xxx
  • Your first contact should be with the seller, but you are clearly on a tight deadline as 45 days is time you have to open a dispute.

    If you get no response from the seller, then if you believe they are SNAD open a Paypal case stating the size is incorrect. Once escalated you will be asked to return the items, via tracked method, at your expense.

    If you believe they are fake, then open an Ebay case. Ebay put the onus on the seller to prove they are genuine. Ebay will not ask you to return them. But you must wait for Ebay to proceed in the case, which can be slow and not always straightforward.

    Only open a case for counterfeit if they really are. If the seller can prove they are, then you will be stuffed.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    What brand trainers are they and how much is this seller selling them for? Branded items sold at very low prices are nearly always fakes.
  • Thanks for the replies. They are Converse sold at £20 (RRP £49ish I think).

    I've just had a look at the seller's feedback again. It seems other people buying converse have had problems with sizing too. I suppose I took a risk buying from a power seller with a few negs but I checked when I received the shoes and they looked genuine. I forgot to do the important bit -trying them on! I did have to email the seller asking where they were and feel confident they were only posted after this email.

    I'm really not having much luck with ebay lately!
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    A lot of fakes these days are actually very good. 40% of RRP along with the sizing issue sounds like fake to me!!
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