Item not as described

RainbowDrops

Reply back saying that as she miss-described the item, it is only fair that she offers you a full refund, INCLUDING your initial postage cost.

This is the description for New without box:
A brand-new, unused and unworn item that is not in its original retail packaging or may be missing its original retail packaging materials (such as the original box or bag). The original tags may not be attached. For example, new shoes (with absolutely no signs of wear) that are no longer in their original box fall into this category.

Therefore, shoes that have been worn around the house are no longer new.

redfragglebiker

reese wrote: »

If I have to open a SNAD case via eBay what effect does this have on the seller?

I think it depends on if they are a business or a private seller but if they have several cases open against one particular account I THINK they can restrict their account in terms on how much they call sell etc and in some cases suspend them or shut them completely. As far as I'm aware this needs to be a history of issues to get any major action taken though so is unlikely to happen after just one case.

You should get a refund from the seller for the cost of the shoes plus postage. In SOME circumstances eBay may provide you with a pre-paid label to return the shoes but not very often so you will not be able to get the cost of returning the shoes back to her reimbursed.

I'm not sure how opening a case affects feedback (ie can you still leave feedback after you've opened a case) but I;m sure someone on here will know the answer to that one!

eaglesrjh

reese wrote: »

If I have to open a SNAD case via eBay what effect does this have on the seller?

as long as the seller resolves the situation then the case does not count against the seller.

Cases only count against sellers now when they fail to resolve the issue.

Starting to look like you don't have too much option, you have been more than reasonable, but as said you may well have to pay the return postage.

Both parties can still leave feedback once the case is closed.

reese

Thanks for all your replies.

I've just looked back at the sellers feedback and it seems that something similar happened before (but over 12 month ago so didn't affect feedback score). She sold something and the buyer left a negative stating it wasn't new!

How will I know if ebay will pay for the postage? I'm annoyed that I'll be out of pocket financially for returning an item that wasn't accurately described.
What it the safest and cheapest way of returning?
The item was bought 'buy it now' does that make any difference to buyer or seller rights?

Thank you.

dannidoes

raise a snad then ask ebay if they will send you a pre - paid sticker as its not fair you lose out - you could go to live chat and ask

RFW

reese wrote: »

Thanks for all your replies.

I've just looked back at the sellers feedback and it seems that something similar happened before (but over 12 month ago so didn't affect feedback score). She sold something and the buyer left a negative stating it wasn't new!

How will I know if ebay will pay for the postage? I'm annoyed that I'll be out of pocket financially for returning an item that wasn't accurately described.
What it the safest and cheapest way of returning?
The item was bought 'buy it now' does that make any difference to buyer or seller rights?

Thank you.

As they aren't as described the seller is legally obliged to pay the return postage (even before you return them). Unfortunately it isn't always easy to get the seller to pay up and no one is going to sue for a few pounds.

As above though you can ask Ebay to pay and let them take it up with the seller. As the seller has admitted they weren't new, you can alert Ebay to the messages sent. Live help in this case is a good idea.

pinkshoes

How much is it going to cost you to send them back tracked? A courier might be cheaper if you have to pay return postage yourself.

If seller refuses to pay return postage (request this in dispute) then leave a neg and low stars!

I once was about to bid on a brand new item when I noticed the seller had then put in the description: "brand new. Only worn a few times."