Vinted - stained shirt sold to me as new, but I have to pay return?

HillStreetBlues

Money_Grabber13579 said:

I guess that is the crux of the matter - was the description incorrect?

As I understand it, the shirt was described as brand new, never worn but when it arrived, it was discovered there was a stain on it. To play devil’s advocate, that doesn’t stop it being brand new as wearing something isn’t the only way for it to be stained. So, brand new, never worn might still be accurate.

Now, obviously the fact it has a stain on it is important information and something the purchaser would want to know about. But it’s not believed the seller is a trader so my understanding is that the only protection the purchaser has here is the law of contracts and all that requires is that the goods are accurately described (which they may well have been, but still not what the purchaser wanted).

So, I agree that there are risks to using vinted but I’m not sure that they are denying anyone their consumer rights, because no one seems to have any in this scenario, other than under basic contract law, which is purely between purchaser and seller.

Yes description was incorrect,
from Vinted

 

Here are all the item conditions in more detail:

• New with tags: Just like in the store. The tags are still attached and/or it’s packed in the original packaging. Never used and has no flaws.
• New without tags: Brand new, but the tags or original packaging isn’t there. Never used and has no flaws.

I would be surprised if anyone didn't think a stain wasn't a flaw.
The contract was for a new shirt without flaws, the seller breached the contacted by supplying a shirt with a flaw. The OP should be put into the position as if the breach never took place. That means a shirt without a flaw,  or all monies refunded including any return postage.

Pollycat

HillStreetBlues said:

Money_Grabber13579 said:

I guess that is the crux of the matter - was the description incorrect?

As I understand it, the shirt was described as brand new, never worn but when it arrived, it was discovered there was a stain on it. To play devil’s advocate, that doesn’t stop it being brand new as wearing something isn’t the only way for it to be stained. So, brand new, never worn might still be accurate.

Now, obviously the fact it has a stain on it is important information and something the purchaser would want to know about. But it’s not believed the seller is a trader so my understanding is that the only protection the purchaser has here is the law of contracts and all that requires is that the goods are accurately described (which they may well have been, but still not what the purchaser wanted).

So, I agree that there are risks to using vinted but I’m not sure that they are denying anyone their consumer rights, because no one seems to have any in this scenario, other than under basic contract law, which is purely between purchaser and seller.

Yes description was incorrect,
from Vinted

 

Here are all the item conditions in more detail:

• New with tags: Just like in the store. The tags are still attached and/or it’s packed in the original packaging. Never used and has no flaws.
• New without tags: Brand new, but the tags or original packaging isn’t there. Never used and has no flaws.

I would be surprised if anyone didn't think a stain wasn't a flaw.
The contract was for a new shirt without flaws, the seller breached the contacted by supplying a shirt with a flaw. The OP should be put into the position as if the breach never took place. That means a shirt without a flaw,  or all monies refunded including any return postage.

But that's not how Vinted works. 
Is it? 
You either buy from Vinted or you don't.
Your choice. 
Apologies if my point that you may miss out on great deals didn't sit well with you. 
Again... your choice.

YorkshireJames

Just to let you know the end of the story. I posted a review:
One of the 'new' shirts had yellow stains on the sleave. Falsely advertised as new. The shirts all seemed to have been washed so both new and unworn seemed to be false too. The seller did offer a return where I paid for postage. I would not buy from them again.

The sellers response on the feedback:
They was was advertised as used and worn so not sure what you mean as new. You did show me the mark on one of the shirts - had to use a magnifying glass to see it . Did offer a refund but you declined . I think £10.00 for 5 used next shirts was a good price .

They have just straight lied and said the advert was for used, lied about the stain being small (there were actually three stains). They also lied about the number of shirts (it was 3 not 5) they also lied about the price (£14).

My review will be drowned out in the sea of automatic 5 star reviews.

It's beyond ridiculous. Obviously there is nothing I can do, but I can't believe people operate like this - it's crazy!

Pollycat

Is there a way you can report the seller to Vinted?
The listing should still be available and if that says 'new', it's clear that the seller is lying. 

YorkshireJames

Pollycat said:

Is there a way you can report the seller to Vinted?
The listing should still be available and if that says 'new', it's clear that the seller is lying. 

The seller has deleted the listing.

mikb

YorkshireJames said:

Pollycat said:

Is there a way you can report the seller to Vinted?
The listing should still be available and if that says 'new', it's clear that the seller is lying. 

The seller has deleted the listing.

If Vinted's IT is any good, they will still be able to see it at their end. Possibly for a limited time period, so get onto them as soon as possible!