Argh! seller refusing to refund, help needed...

scotsgirl_3

Hi

I'm hoping someone can help. I ordered an item from ebay

http://cgi.ebay.co.uk/Goth-gothic-steel-boned-corset-handmade-to-measure_W0QQitemZ160094032156QQihZ006QQcategoryZ14221QQtcZphotoQQcmdZViewItem?hash=item160094032156

which was custom made for me and which I received at the end of February. When it turned up, the sizing was completely wrong - i checked and i'd got all the sizes right, but the seller had made it totally wrong. I got in touch with her and she immediately said she would refund or remake it. I originally said to remake, and she was asked for corset back so she could see where her maker had gone wrong. She then said she couldnt tell me how long this would take, so I responded saying " on reflection, could I have a refund and I'll reorder in the future when you're quieter"

she responded by saying "Yes thats fine, is it still ok to send the corset back though? i usually get them back in before i send out a refund so i can at least reuse the boning etc! I'll send you out a cheque as soon as ive recieved it." ( this is what the actual email says)

I sent it back to her recorded delivery, and 've just had an email saying she won't refund me as she's checked the sizes and they are correct! but she'll refund the postage for me sending it back:eek: :mad:

What can I do here? I spend £93 and feel like I have been totally scammed. She was being so nice that Ididn't take pics of how badly it fitted etc ( I also didn't bother complaining about the poor quality of the sewing etc as i didnt see the point)

Can I try to do a claim through paypal, or is there any other way I can get my money back?? Annoyingly I already have a dispute open ( first one ever!) with someone else due to them not delivering an expensive item and refusing to refund until they go through a royal mails process

TKPeters

When did you purchase & when did you return it? As it may come under DSR & she should refund everything

Paypal the best way, if your measurements are right & the seller is not producing a garment that will fit then you are entitled to have your money back.

Claim with Paypal & give them the return tracking number to prove she has it back & email her to let her know that you've started a claim

They're also registered as a private seller (non business) which is strange when the business & shop are called Desert Orchid Designs Corsetry

At Desert Orchid Designs we make every effort to preserve our resources and reduce some of the environmental impact of our mail order business.......

scotsgirl_3

Thanks TK

I've already sent her an email saying this is really unacceptable etc and saying I didn't want to have to file a dispute so I was going to give her a chance to respond before filing. Is having two claims open at the same time likely to be a problem? I'm just worried that Paypal will think I'm a scammer! The account has been open for years and this is the first time i've ever had to open a dispute!

pinkgem

that is awful! i can't believe the seller thinks that you would be fine with just having your return postage back!

why is she offering to give you the return postage back if she thinks she has done nothing wrong anyway?

start a paypal dispute, for item not as described, explain what has happened, if they just say to return the item (although you already have) then you have got your tracking number as proof of delivery

scotsgirl_3

she said she's refunding the postage for returning it " because I've been so nice about it all" - she also said she'd give me a discount in the future !!!!!!She's already refunded the return postage of £2.37 - I can't beieve she thinks its ok.

I was just a bit worried by her t&c's - which contradict her emails to me. Will paypal pay attention to the fact she says she won't refund for wrong sizing, or are they more likely to accept the fact she promised a refund in previous emails ( with no mention of checking sizes etc)

Thanks for all your help!

TKPeters

scotsgirl wrote: »

Thanks TK

I've already sent her an email saying this is really unacceptable etc and saying I didn't want to have to file a dispute so I was going to give her a chance to respond before filing. Is having two claims open at the same time likely to be a problem? I'm just worried that Paypal will think I'm a scammer! The account has been open for years and this is the first time i've ever had to open a dispute!

We currently have 4 disputes with 3 different sellers open

Paypal wont give a !!!! about the emails, escalate the dispute to a claim & they will refund you within a couple of weeks if she doesn't step in first

pinkgem

scotsgirl wrote: »

she said she's refunding the postage for returning it " because I've been so nice about it all" - she also said she'd give me a discount in the future !!!!!!She's already refunded the return postage of £2.37 - I can't beieve she thinks its ok.

I was just a bit worried by her t&c's - which contradict her emails to me. Will paypal pay attention to the fact she says she won't refund for wrong sizing, or are they more likely to accept the fact she promised a refund in previous emails ( with no mention of checking sizes etc)

Thanks for all your help!

a seller can write what they want in their auction, they can say they won't take responsibility for items lost in the post, but if they can't prove it was delivered then paypal will refund no matter what the seller says in their auction

scotsgirl_3

Thanks guys

Do any of you know how long paypal disputes/claims tend to take? Their website is highly informative - not!

pinkgem

scotsgirl wrote: »

Thanks guys

Do any of you know how long paypal disputes/claims tend to take? Their website is highly informative - not!

i think paypal disputes take approx 30 days

they give the seller 10 days to respond initially but some will reply instantly, others may not bother at all if they don't have a leg to stand on

then paypal have to investigate

Blacksheep1979

TKPeters wrote: »

When did you purchase & when did you return it? As it may come under DSR & she should refund everything

DSR don't usually hold for bespoke items (ie you can't send back within 7 days for automatic full refund). Best bet as everyone else has said is an item not as described or similar claim with paypal. If that fails, as they seem to be a business money shouldn't be a problem so small claims court should be successful.

greeneye

Scotsgirl did she refund the postage via paypal and if so have you accepted the refund?

Can't remember if you have to click accept when you get a Paypal refund but if so wondering if clicking accept has any future reprocussions for opening a dispute?

Scotsgirl don't worry if you have I'm probably just being over cautious and accepting an initial part refund most likely has no bearing on opening a future dispute.

I'm sure someone will be along shortly to clarify this.