Am I entitled to a full refund?

soolin

gromituk wrote:

Why? If the seller's description was inaccurate, why should the buyer suffer? I thought the contract was for the goods as described, for the total price agreed, including postage?

As no colour was stated and the photos show two different colours I don't think the sellers description can be deemed inaccurate. The description was incomplete but suggested that potential bidders check beofre bidding if colour was important (a very strange condition of sale, but in the auciton terms nonetheless).

The only option the buyer has is to try a paypal chargeback for item not as described and I'm not sure which way paypal will rule on that. IF paypal decide for the buyer then the OP will get the full amount back that he paid including post and packing once he returns the trousers at his own cost. If paypal decide for the seller then the buyer will get nothing and will have to rely on the goodwill of the seller for any refund.

Soo

gromituk

OK - thanks for that. It is indeed not clear cut.

richto

I notice the seller says

"Insurance:
All items will have a certificate of posting and we are not responsible for lost, damaged or stolen goods since insurance is available for an additional cost"

Wrong - he is liable whatever postage you pay for. He has to deliver the item intact and as described.

gromituk

I notice on the site that you advertise in your signature that you will deduct 15% of the full refund value of the items you sell, if they are returned within the terms of the Distance Selling Regulations. You do this by insisting that you are making multiple contracts with the customer. Is this legal? After all, it's a deliberate ploy to undermine the aims of the Distance Selling Regulations, which are designed to allow the customer to examine the goods without obligation in the same way that they would if they were buying them in a shop.

soolin

gromituk wrote:

I notice on the site that you advertise in your signature that you will deduct 15% of the full refund value of the items you sell, if they are returned within the terms of the Distance Selling Regulations. You do this by insisting that you are making multiple contracts with the customer. Is this legal? After all, it's a deliberate ploy to undermine the aims of the Distance Selling Regulations, which are designed to allow the customer to examine the goods without obligation in the same way that they would if they were buying them in a shop.

Any buyer winning a paypal chargeback would get the full amount paid refunded, regardless of seller terms and conditions.

Soo

Lindsaye_2

They do have a purple look to me?!

soolin

Lindsaye wrote:

They do have a purple look to me?!

Getting back on topic I sold some Miss Sixty jeans several years back. They were actually a sort of funny looking purple shot through with a denim coloured thread whcih meant that in real life they appeared to change colour. In the photographs they came out charcoal grey, it was very frustrating.

I did mention in the auction though several times what the label stated as colour and how I would describe the colour and still had several people email to ask whether they were black or navy denim!

Soo

Peter_Griffin

ebay are not going to be any help to you, if you want a refund - which i think you are entitled to then your gonna have to work it yourself. All in all you spent less than a tenner here, but i suppose its the principle - you could sell them on yourself. But i would just bug the seller, send an email a day , there are other nasty tactics you could use but it depends how far you are willing to go!!

good luck

budgetflyer

I think with a lot,when they get to "powerseller" status then they can rampage around ebay giving crap service ,imposing ridiculous terms and conditions and basicaly acting like bullys. People are almost frightened to complain,after all these people are powersellers! What right has a insignificant buyer with maybe only 200 or less feedback got to complain about crap service of someone with 27000.
You dont want to look like the stick in the mud amonst all the happy buyers so you end up not leaving any feedback.