Another Vinted question

vammc

Hi,
I recently bought a waterproof snowsuit on Vinted. The item was described as in "perfect condition" with a picture of the front of the suit and label.
I picked up the parcel and discovered part of the suit is torn on the hood with a hole through the waterproof layer. The suit has significant wear and tear to a point that some of the fleecy material is worn away exposing the base layer.
I reported that the item was significantly not as described and emailed the seller as per Vinted's instructions that the item is torn, there is a hole and signs of significant wear along with pictures. The seller replied saying she can see the wear and hadn't noticed it before but I should expect that in a "preloved" item and I could patch it up myself.  The seller asked what I wanted and I said a refund + postage. As it was one of two items I have to send the entire bundle back for a return. The seller refused to cover the return and changed her opinion saying there was no damage at all to the item when it was send and refused further communication saying Vinted will sort it out.
I have also had a closer look at the seller's posted pictures and you can see that the part torn/detached has been flipped over to hide the damaged area prior to sale.

So this is the issue after paying "buyers protection," postage and then paying the tracked returns, I have forked out almost half the cost of the item. The seller knows full well that even if Vinted finds in my favour, which they will as the damage is clearly from persistent wear and tear and pre sale damage, I will still be the one paying all the fees.  Vinted states buyer covers all costs in all circumstances. I am sure this is in breech of the Consumer Rights act  2015 (if the item is faulty/damaged seller covers cost) but I am not sure if this applies to selling platforms like Vinted or if Vinted's terms that buyer pays fees supersedes the act. Would approaching my credit card company be an option even though they are not denying the return as such, they are just requesting I pay all the fees which means it is not a refund to begin with? 
I'm a bit annoyed about the whole experience and salty about having to pay postage to get a refund of something that was misrepresented and damaged. There is also such a tight timescale to getting a refund of having to post an item in 3 days or you will not be refunded. I'm just a bit suck with what to do next?

soolin

I use Vinted a lot as a seller and it does seem weighted in favour of sellers as there is no automatic right to a refund for postage returns where item is SNAD.

Have a look on the Vinted forums, there's a few people mentioning this issue on there and I don't know what other users are suggesting as a way of forcing the refund. 

Spoonie_Turtle

Interesting.  It seems problems with Vinted are on both sides - withholding money from sellers whilst also trampling over buyers' rights.  Weird.

soolin

Spoonie_Turtle said:

Interesting.  It seems problems with Vinted are on both sides - withholding money from sellers whilst also trampling over buyers' rights.  Weird.

As a seller I’ve not had any issues yet. One of my first parcels never arrived but Vinted refunded the buyer without bothering me at all. 

There is a wait for payment ,sometimes up to 3 weeks which is a bit of a shock if you are used to eBay paying out instantly. 

Buster_Danog

vammc said:

The seller replied saying she can see the wear and hadn't noticed it before but I should expect that in a "preloved" item and I could patch it up myself.

This never ceases to amaze me. I had a seller on ebay who sold me a counterfeit jacket. She protested at me asking for a refund on the basis that if she was the buyer she would have kept the item.

vammc said:

So this is the issue after paying "buyers protection," postage and then paying the tracked returns, I have forked out almost half the cost of the item.

You will get the buyer protection fee and postage back when you return the item. I have been refunded a few times and always got a full refund. I had to return the item on one occasion as I recall. I got lucky on one occasion, and had a few sellers just issue refunds without returns for items that were described with the wrong size.

Edited to add: I meant you will get back the postage you paid for to have the item delivered to you when you bought the item. You do have to pay for return postage.

Spoonie_Turtle

Buster_Danog said:

Edited to add: I meant you will get back the postage you paid for to have the item delivered to you when you bought the item. You do have to pay for return postage.

But that's wrong, the customer shouldn't be out of pocket because of something that's the seller's fault (whether it's an honest mistake or a deliberate misrepresentation).

soolin

Spoonie_Turtle said:

Buster_Danog said:

Edited to add: I meant you will get back the postage you paid for to have the item delivered to you when you bought the item. You do have to pay for return postage.

But that's wrong, the customer shouldn't be out of pocket because of something that's the seller's fault (whether it's an honest mistake or a deliberate misrepresentation).

I agree,  where an item is SNAD a seller is expected to pay for return costs as well as refunding the original payment in full, the issue is how to enforce that. 

Buster_Danog

But those are the rules on Vinted. Are you both saying it is legally wrong? Vinted is also a foreign company based in Lithuania so I am not sure there is much that can be done about it. I have given them feedback on this issue in the past.

In my experience there are some nasty sellers on there who know they have got you by the proverbials if you have bought something cheap that is misdescribed.

Spoonie_Turtle

Buster_Danog said:

But those are the rules on Vinted. Are you both saying it is legally wrong? Vinted is also a foreign company based in Lithuania so I am not sure there is much that can be done about it. I have given them feedback on this issue in the past.

Pretty sure Lithuania is in the EU, where these rights also apply.