Seller refusing refund please help!

Ianna

Hello moneysavers

I recently bought some BNWT jeans advertised as being 30 by 30 but when they arrived they were 34 leg length and I might add the packaging was torn because the seller's wrapping was rubbish. They're labelled as 30 inches but measuring them they're clearly over, I've checked and double checked. I sent a pleasant and polite message to the seller saying that they were too long and I'd need a refund.

She's refusing a refund saying that they are the right length. They just aren't, I've checked this with several people. She hasn't sold the goods as advertised. What do you think is the best course of action? I haven't replied because I'm really cross and need to calm down. :mad: :mad: :mad:

Any help would be much appreciated. This is my first real problem on ebay so I'm new to this!

smartie1976

To be honest this is going to be a tricky one. Technically she has NOT mis-sold the item as she has listed as the label states, irrespective of what the actual measurement is, and as a seller I certainly wouldn't measure the length of trouser legs to verify it's correct. She is within her rights to refuse.
So i'm not sure you'll be able to win on this one.
Your options I think are are either to cut them down to size, or re-sell with the measured length stated.

appleblossom

If they are BNWT and labelled as a 30", then she has sold them as advertised albeit they are incorrectly labelled - the fact that she sold them like this tells me that she didn't know they were a 34" else she would have mentioned it in the description. I recently sold a pair on BNWT trousers that were labelled a 14, I bought them, didn't like the style didnt; even try them on so put them on ebay, had a very snotty email from buyer saying they are not a 14 they must be a 12 because they don't fit her. I said I sold them in good faith as a 14 and that makes vary etc., however, she could either sell them on or I would refund the sale price only (worked out with postage costs cheaper for her to sell them), she said she wanted to return them, I gave her my address and filed a dispute to get my fees back under the buyer is returning goods for a refund reason, she replied to the dispute very angry saying what am i playing at, she has paid etc etc, explained the procedure and that I was trying to get my fees back, but now that she had closed the dispute so i couldn't do this, i would still refund her the cost she paid less my fees, I've not heard from her since - the point I'm trying to make is that I did not try them on so did not know they came up smaller, and your seller ob. did not know they measured a diff.length but.... you did receive the item you bought as they are labelled a 30". I don't think there is much you can do about it unless you ask again for a refund, were there other bidders that she could offer a 2nd chance too? point this out if there were - unfortunatley, I think your rights are about as much as if you bought them from a car boot sale - I am sure I will be corrected if this is wrong though. if she does agree to a refund, it is likely it will be for purchase price only. good luck.

smartie1976

julieblake wrote: »

I recently sold a pair on BNWT trousers that were labelled a 14, ...had a very snotty email from buyer saying they are not a 14 they must be a 12 because they don't fit her. I said I sold them in good faith as a 14 and that makes vary etc

Essentially clothing, especially waist sizes, are a tricky animal as there is so much variance.
Some buyers think it's their RIGHT to return it because it doesn't fit, when actually they don't. There is no legal right to a refund if an item "doesn't fit".
Only if it's mis-described or faulty.

Irrespective of that, if the label matches the description you unfortunately will have no grounds for dispute as there is no "mis-description".

Ianna

If it makes a difference the tag is tied on and doesn't state the size and the sticker on the leg saying the size looks like it's been peeled off and stuck on (and just says 30, doesn't specifically say that the leg length is 30). I'm really confused because they're obviously long, I could tell without trying them on.

Does that make a difference or am I screwed? *sad face*

lindens

Ianna wrote: »

If it makes a difference the tag is tied on and doesn't state the size and the sticker on the leg saying the size looks like it's been peeled off and stuck on (and just says 30, doesn't specifically say that the leg length is 30). I'm really confused because they're obviously long, I could tell without trying them on.

Does that make a difference or am I screwed? *sad face*

I would see what the actual tag sewn into the waistband of the trousers state. If that says 30 then the buyer is within their rights and you probably can only do what the poster above states, keep and shorten or sell on. If the label sewn in states 34 but they others state 30 then either the buyer is pulling a fast one or genuinely made a mistake themselves.

Ianna

I can't believe I didn't think to check the label inside the trousers.

I am poking myself in the eye as punishment for my stupidity. *pokepokepoke*

me4bargains

There was an article in the papers a few weeks ago saying shops are incorrectly labelling their clothes to please their customers.
Its a psychologial thing. Think about if it said a size 12 you'd be over the money even its actually measurements were more a size 14!!
Apparently FCUK are the worse as they was a difference of six inches between the tags' size and the actual measurements.
Maybe this is the case here.
I dont think the buyer can do much.

Cute_'n'_Quirky

Take them be hemmed up!