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what to do?buyer mis-describing goods.

24

Comments

  • Bargainbabe_2
    Bargainbabe_2 Posts: 1,741 Forumite
    spor7y wrote:
    My mate has just purchased a dress of an ebayer who sells clothes from 'topshop', 'river island' and 'karen millen' but they are really from a budget department shop.
    Anyway she fell in love it and because the seller claimed it was new with tags by 'so boho' she took a chance and paid a whopping £35 for it.
    She's awaiting the delivery.
    I have since gone into P****** and seen the same dress for £6, told my mate she's stormed down to check and is now fuming!!
    When the dress arrives(providing it has been misdescribed) what can she do?

    Well without anymore input from the OP (or perhaps from anyone else who knows more) I can only make the following assumption.

    The seller uses keyword spamming in their listing to bring attention to their auction. Buyer purchases dress for an over inflated price (ie £35!). Mate goes shopping and pops into Primark and recoils in horror when they see their mate's eBay purchase for £6. Buyer is naturally angry. Here I would like to quote the following from Martin himself:



    With private sellers it’s ‘buyer beware’.


    Buy goods from private sellers and you’ve only a right that the product is correctly described and the owner has the right to sell it. Here it’s caveat emptor or let the buyer beware. If the buyer says nothing and no description and you buy it – then that’s it – even if it doesn’t do what you thought it may – you were not missold.



    Basically, unless the seller is claiming its from a shop/by a label it isn't, then the seller is not at fault. The seller is under no obligation to mention the fact that the dress is from Primark.
    If this is the case then the buyer has absolutely no right whatsoever to 1) Ask for a refund unless it has been genuinely misdescribed 2) Leave bad feedback just because the buyer paid way over the odds for an item.
    "There are no pockets in a shroud..."
  • MarkyMarkD
    MarkyMarkD Posts: 9,913 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't understand a lot of the comments on this thread. The OP didn't say they advertised goods "like" Topshop, Karen Millen, or whatever but they advertised goods FROM Topshop, Karen Millen or whatever.

    In those cases, the items have been misdescribed pure and simple if they were in fact purchased from Primark. And in those cases, it's completely fair to ask for a refund and to leave bad feedback.

    Keyword spamming is an evil thing - it's pathetic to see auctions with "not" xxx in them. What a waste of people's time that is.
  • Ms-Money-Penny
    Ms-Money-Penny Posts: 1,604 Forumite
    The seller uses keyword spamming in their listing to bring attention to their auction. Buyer purchases dress for an over inflated price (ie £35!). Mate goes shopping and pops into Primark and recoils in horror when they see their mate's eBay purchase for £6.

    Keyword spamming is an ebay offence and can be reported
  • soolin
    soolin Posts: 75,029 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    One other thing to remember is that items can often go for more than retail intentionally.

    There have been two instances recently where a range of labelled items have reached prices far in excess the retail price. The first was a dress from Tesco's FLorence and Fred range. This dress (a Grecian looking affair) was shown in a Sunday supplement as being the best buy as it retailed at about £30 (can't recall all the details) but was identical to a catwalk item selling for hundreds.

    Tesco sold out within hours and these Tesco dreses were changing hands at up to three times the Tesco price on ebay.

    The other thing was reported on one of the daily ITV shows, a skirt from Primark was shown and recommended as a must have by some fashion editor or someone. Again this sold out in hours and was changing hands on ebay for vastly inflated sums as 'the Primark skirt seen on xxxx programme'.

    Like someone has already posted, something is only worth what someone will pay for it. However I agree with other posters that until we have more imput from the OP as to whether this was sold 'as' a certain label, or sold as being 'like' a certain label we cannot really help further.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Tojo_Ralph
    Tojo_Ralph Posts: 8,373 Forumite
    1,000 Posts Combo Breaker
    MarkyMarkD wrote:
    I don't understand a lot of the comments on this thread. The OP didn't say they advertised goods "like" Topshop, Karen Millen, or whatever but they advertised goods FROM Topshop, Karen Millen or whatever.

    The OP said.....

    "My mate has just purchased a dress of an ebayer who sells clothes from 'topshop', 'river island' and 'karen millen"

    Now..... What we don't know is if.....

    a) This is simply a sweeping statement relating to the sellers other goods.
    b) The seller claims to sell clothes from and including the likes of 'topshop', 'river island' and 'karen millen.
    c) The seller claims only to sell goods from 'topshop', 'river island' and 'karen millen
    d) The Dress in question was claimed to be anything more than it was.
    e) Etc, etc, etc.

    As mentioned above, until such times as the OP returns, we will know little else. :)
    The MSE Dictionary
    Loophole - A word used to entice people to read clearly written Terms and Conditions.
    Rip Off - Clearly written Terms and Conditions.
    Terms and Conditions - Otherwise known as a loophole or a rip off.
  • biblejohn
    biblejohn Posts: 553 Forumite
    He probably meant return it to the seller.

    I personally dont see what the problem is here. When you buy anything on ebay or not on ebay its upto you whether you think its a fair price to pay for the item. Sods law might say that once your`ve bought the item you`ll find it cheaper else where, but thats just the way it is.

    If your friend was happy paying £35 for the item and the item is as described then thats fine.

    I always do my research and see what price i can buy items from several other shops usually before i decide on what which shop I will buy it from. You`ll be amazed at the difference in prices. That way i can be sure that im buying a bargin. Sometimes that might be on ebay, other times its cheaper to buy from elsewhere.
  • Bargainbabe_2
    Bargainbabe_2 Posts: 1,741 Forumite
    biblejohn wrote:
    He probably meant return it to the seller.

    I personally dont see what the problem is here. When you buy anything on ebay or not on ebay its upto you whether you think its a fair price to pay for the item. Sods law might say that once your`ve bought the item you`ll find it cheaper else where, but thats just the way it is.

    If your friend was happy paying £35 for the item and the item is as described then thats fine.

    I always do my research and see what price i can buy items from several other shops usually before i decide on what which shop I will buy it from. You`ll be amazed at the difference in prices. That way i can be sure that im buying a bargin. Sometimes that might be on ebay, other times its cheaper to buy from elsewhere.

    Exactly. :T
    "There are no pockets in a shroud..."
  • spor7y
    spor7y Posts: 143 Forumite
    My friend is waiting for her dress to see if it has lebels from 'oh so boho' or primark. I shall update asap.
    For the record this seller claims her clothes are from Topshop etc without the labels, but they are indeed from Primark.
    I agree with the theory something is only worth what people will pay for it, but if the seller had come clean and stated it was from primark I'm pretty sure my mate wouldn't have paid £35 for it.
  • mah_jong
    mah_jong Posts: 1,284 Forumite
    Mortgage-free Glee!
    I am going to go against the grain here...... cos i mainly buy!

    many of you say that its up to the buyer to decide if its a fair price, but we only have the sellers description to go! And yes there can be a market for goods seen on TV, sold out in Tesco or Primarrk and sold on at twice or three times or whatever ... BUT the buyer KNOWS what they are getting!

    There is the quality aspect.

    I have been in Primark and the Next again shop and you have to go through the items. There are some great bargains ...but some of the stuff is not up to scratch! Not being snobby, as I have several items from these locations but it was never the first one of the rack, I had to check them!

    You have expectations of clothes (even used clothing ) from labels.

    Ma

    I shall stand well back for the oncocming flack!
  • biblejohn
    biblejohn Posts: 553 Forumite
    mah_jong wrote:
    I am going to go against the grain here...... cos i mainly buy!

    many of you say that its up to the buyer to decide if its a fair price, but we only have the sellers description to go! And yes there can be a market for goods seen on TV, sold out in Tesco or Primarrk and sold on at twice or three times or whatever ... BUT the buyer KNOWS what they are getting!

    There is the quality aspect.

    I have been in Primark and the Next again shop and you have to go through the items. There are some great bargains ...but some of the stuff is not up to scratch! Not being snobby, as I have several items from these locations but it was never the first one of the rack, I had to check them!

    You have expectations of clothes (even used clothing ) from labels.

    Ma

    I shall stand well back for the oncocming flack!

    Exactly. And if the buyer isnt 100% sure about the goods being suitable for their needs then you dont buy them! There are many items ive not been sure about buying mail order as ive wanted to actually see them "in the flesh" before deciding. Especially with clothes for example, as I personally like to see how they look on me before buying.

    Still we all learn!
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