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Item not as described on Ebay

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Was wondering if anyone could help me out.

I bought a bureau for a buy it now price from a reputable Ebay shop. It was £450 plus £45 delivery. It has a long description of being an oak bureau etc. and also has 4 or 5 photos of the item.

The item was delivered yesterday morning and once we opened it, we found the bureau is identical to the one on the internet apart from the colour. It's like it has been stained and instead of being a lighter wood colour it is more of a mahogany.

Here is their photo:

http://members.aol.com/nmwalls1801/bureau2

Here is the photo of it in our hall:

http://members.aol.com/nmwalls1801/Bureau

They are saying they will come and collect the item and refund the £450 but won't refund the p&p as they believe the colour is funny on our camera and they do look the same colour. Our camera picture is exactly how it looks in our hall. On their website, they do offer a guarantee that if goods aren't as described they offer a refund of delivery too.

Where do we stand legally? Because the furniture wasn't as described as per the photos, do we have a right to ask them to refund the delivery charge?

Thanks in advance!
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Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    That is a massive difference is colour, even allowing for differences in lighting etc.

    Did you pay via Paypal? If so, tell them that the item is not as described, and as such you will make a Paypal claim if all monies are not refunded.
    Gone ... or have I?
  • ruby6kids
    ruby6kids Posts: 554 Forumite
    looking at both pics closely, (the woodmarks on the second drawer!) it is the same piece of furniture, just difference in lighting when pics were taken
    :T Thanks to all lovely MSE'rs - you are great friends :T
  • I paid via Paypal but paid via a debit card, will that still be ok?

    Will they still be able to recoup the delivery cost for me?
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    ruby6kids wrote: »
    looking at both pics closely, (the woodmarks on the second drawer!) it is the same piece of furniture, just difference in lighting when pics were taken


    I agree - there are some disctinctive grain patterns on the drawer 2nd from top that are in the identical places on both pictures.
    "You were only supposed to blow the bl**dy doors off!!"
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I disagree, there is a distinct difference in the colours, one is more a yellowy brown and the other is a more of a red brown. All that the grains show is that the wood has been cut in the same direction.

    OP, has the retailer admitted that it is a different piece of furniture? As they are coming to collect it, would it be worth speaking to them when they come out, and asking them to compare the picture with the item (assuming it is not a courier that collects it).

    Because you paid through Paypal, they should intervene. If you forward the pictures to them with your claim, they will then ask the retailer for their response, and then make a decision.
    Gone ... or have I?
  • Did the advert actually state colour or that the one on the picture was the one you got?

    If not then your onto a loser
  • Thanks for the replies.

    The retailer says it is the same piece of furniture as advertised on Ebay and that it is an issue of lighting. It does look like the same piece apart from the colour, it's like it has been stained or something. It was bought as a gift for my mum whose furniture is all a similar colour to the advertised picture. They have offered a refund as a good will gesture, they have a 7-day money back guarantee. They say it is the same piece as shown in the pictures and that no alterations have been carried out on it.

    The description was as an oak bureau with mahogany veneer inside and showed photos from various angles which were all the lighter colour.

    Thanks again!
  • I can't see the images?
    "Beautiful young people are accidents of nature, But beautiful old people are works of art."
    -- Eleanor Roosevelt
  • first image doesn't work for me but on the refund side paypal won't refund postage but if you paid by credit card get onto them as anything you buy over £100 they are liable for as well (section 75 of the consumer credit act) - don't let them fob you off.
  • Butlers1982
    Butlers1982 Posts: 3,286 Forumite
    Hi

    Why dont you put your post on the "ebay forum" any problems ive had have been resolved there very quickly. There are a lot of experienced traders there.
    Here is the link:

    http://forums.moneysavingexpert.com/forumdisplay.html?f=40
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