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Etsy order issue - wrong gift received

Hi,

I wonder if someone can offer any advice on a problematic Etsy purchase. 
  • I found a bespoke gift I liked on Etsy for my wife’s 50th birthday. 
  • The estimated delivery on that particular Etsy site was 20th September and my wife’s bday was 15th September. 
  • However the seller said she should be able to do it in time for the 50th birthday party 15th and the party that day
  • The package arrived but I didn’t check it as it was bubble wrapped and in a large cardboard box so I wrapped it (on the 15th). I then presented it to my wife in front of friends and family only for it to be someone else’s bespoke gift. Clearly a mess up someone else’s order and delivery addresses
  • I emailed the seller straight away saying I was very disappointed and quite frankly embarrassed as this was the big 50th gift and was presented in front of friends and family only for it to be a random other person. I asked for a refund
  • The seller said that as it was bespoke and that it could be redelivered inside the initial delivery time as detailed on the site (20th Sept) that she won’t process the refund. 
  • I would argue that I wanted the gift for the birthday on the 15th (as agreed) so my timeline was the 15th Sept not the 20th Sept. Had the seller told me it couldn’t be done for the birthday on the 15th I wouldn’t have ordered it and in any case upon delivery the gift wasn’t as described as it was someone else’s.
  • Could anyone detail my rights? Am I eligible for a refund as the moment for presenting the gift has now passed

Comments

  • ElefantEd
    ElefantEd Posts: 1,225 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As the item is not as described you have the right to a refund irrespective about anything concerning delivery times. The seller needs to pay the return postage costs.
  • soolin
    soolin Posts: 74,175 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The issue is that Etsy is not necessarily as buyer friendly as sites like eBay. As above you have legal rights but Etsy don’t comply with requirements for business sellers and don’t differentiate between them and private sellers so it isn’t always easy to enforce those rights, however there is some buyer protection so go through the FAQs there and follow the Etsy process. 
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