Ebay seller sent wrong product

Buggles2012

On April 11th I purchased a cross stitch kit from ebay. It was advertised at being a certain size, and the whole reason I bought that one was for the size as it matched another kit I had completed and I wanted to be able to frame them next to each other. Anyway, item arrived on April 13th. I spent 2 hours sorting out the threads, and then started to stitch. An hour into stitching I thought, this doesn't look the right size. I measured the fabric only to discover it was 10cm shorter than it should have been.

I e-mailed the seller who happily sent out another kit. To my surprise, I discovered that this one was also 10cm shorter. So, seller said he didn't know why and would contact his supplier. I said I was not happy and would like a refund. He said that is fine, but he wants both kits sending back to him before he will refund me. I refused saying that I was not sending anything back until I got my refund. I do not trust that he will refund me once I send them back.

We are now sending messages back to one another in a very childish manner, me saying no I want my refund and him saying no he wants his products.

Who is in the right? Should I send the products back before my refund or should be refund me before I send them back??

alx2013

You should definitely send the items back to the seller. Make sure you get proof of posting and send back tracked.
The seller sounds pretty understanding so you should try to work with them - they will need to check the size of the fabric and contact their suppliers.
I do understand your frustration as I love cross stitching myself and I know how much time and effort goes into each project... Is it simply the aida which is short - and is it made in the u.k. as I have seen lots of chinese kits on Ebay...
You have 45 days to open a case with Paypal and 60 days to leave feedback via Ebay so it is in the sellers interest to resolve this amicably...

n0785

A seller should not refund until the item has been sent back to them. Looking at it from their point of view, they don't know that you won't keep it and this is Ebays policy as far as I know.

Send the items back recorded delivery and you will get your refund.

Although the seller is not under obligation to pay for your return postage. You may find a nice seller who will kindly pay for it however..:)

hesjane

The seller sounds like a genuine and helpful seller to me..."happily sent out another kit....... said he didn't know why and would contact his supplier"

He didn't moan, challenge, complain etc. Accepted what you said, tried to resolve it immediately by sending a replacement kit, and when that was obviously wrong as well he realised that the batch he had for sale had an issue and he would deal with that. He hasn't said he won't refund even though you've started using the original kit (some sellers would kick up a fuss and say you should have checked before using it).

Send it back and get your refund. Make sure you send it tracked and signed for.

dannidoes

seller has been as helpful as he can - return tracked and signed for your refund - you wont usually get return postage back

theonlywayisup

3 hours?

10cm is a reasonable amount to miss.

The seller sounds more forgiving than the buyer.

sharpy2010

theonlywayisup wrote: »

The seller sounds more forgiving than the buyer.

And this is the reason the stars system is not fair.

fredwalton

You cannot expect a refund without sending the goods back first. The seller seems to be very fair in considering a refund in the first place, once you have started to use the item you are no longer entitled to a rerfund. it is your responsibility to check that you have the right item before you start to use it, you should have noticed 10cm which is almost 4 inches.
I would advise you to apologise to the seller and send the goods back before he changes his mind and puts in a claim to Ebay

RFW

fredwalton wrote: »

You cannot expect a refund without sending the goods back first.

Legally, as a business seller you are supposed to refund before return, or have item collected or provide the buyer with funds to return. It usually doesn't work like that, especially on Ebay.

As far as this goes the seller has sent a second item, so looks to have fulfilled their obligations. To then ask him to give money back would be quite annoying. If I were the seller I wouldn't be too pleased at being accused of being dishonest having done my best to help.

I'm assuming these aren't high value items? There really is no reason to believe the seller wouldn't refund, especially after being so helpful.

This_Year

Buggles2012 wrote: »

I do not trust that he will refund me once I send them back.

And why should he trust you to send them back once you have your refund?

He's already been understanding enough to have sent you another one, so cut him a bit of slack and send them back to him.

Any childish comments are entirely due to you being unreasonable.

You wouldn't expect Marks & Spencer to refund you without having their item back, would you?

chickywiggle

he did not "send the wrong product".
his supplier gave misleading information which he in good faith advertised using.

I know it's annoying to start something then notice it's incorrect but you let him send another - what is the size stated on the packet - is that the same as the size of the aida??
they could have asked you to return the original before issuing a replacement..............they didn't so they are now out of pocket to begin with.

They are not obligated to refund before return and if you open a case against them you will be told to return first.

Sounds like you are rightly annoyed but taking it out on the wrong person (the seller).........why not contact the company who made the product originally?