seller being awkward about return/refund

Hi. Can you give me your thoughts on this?

I bought some boots on ebay for £11.99 and wa happy doing so because the refund policy stated:
"Buying shoes and/or boots via the internet is always a little tricky as we would all prefer to try them on first
At Budgie20020 we recognise this & if you are not satisfied with your purchase simply let us know by email"



so I, rightly, I think, took this to mean I could return them if they didn't fit. When the boots arrived, so did a flyer advertising the seller's own website, which detaile in the returns policy:

"All returns are subject to a restocking fee of £3.00 which will be deducted from the refund".

This wasn't mentioned in the listing. The boots didn't fit, I emailed asking could I return them, the seller said yes, and geve me the address. I thanked him, and mentioned the £3, saying I assumed it didn't apply to evay listings as it wasn't mentioned in the listing. He replied saying yes, it did, and they were getting round to changing the listings. I've emailed saying I'm pretty sure as it wasn't mentioned, he wouldn't be able to charge it now. Am I right? This seems a tad unfair.

Thanks for reading. Oh, the listing is 120251869391.
******** Never be a spectator of unfairness or stupidity *******
"Always be calm and polite, and have the materials to make a bomb"
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Comments

  • Nex0
    Nex0 Posts: 913 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    If you paid by paypal start a dispute and escalate it to a claim.

    Hes not allowed to charge a restocking fee so if you go that route you will get your money back and will only have to pay the return postage.

    Just make sure you send them recorded delivery!
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    Nex0 wrote: »
    If you paid by paypal start a dispute and escalate it to a claim.

    Hes not allowed to charge a restocking fee so if you go that route you will get your money back and will only have to pay the return postage.

    Just make sure you send them recorded delivery!

    start a dispute for what?
  • Nex0
    Nex0 Posts: 913 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    pinkgem wrote: »
    start a dispute for what?

    If someone wanted to charge me £3 for restocking fees that was not in the listing I certainly wouldn't pay it.
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    Nex0 wrote: »
    If someone wanted to charge me £3 for restocking fees that was not in the listing I certainly wouldn't pay it.

    you can only start a dispute for item not received or significantly not as described though
  • heskpesk
    heskpesk Posts: 2,006 Forumite
    Surely you are untitled to start a dispute on the grounds that you are being charged a restocking fee which is not allowed
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    the only paypal disputes you can start are item not received or significantly not as described.

    i don't know if you could start a significantly not as described and say that the auction stated returns allowed but now seller wants to charge £3 fee?
  • Nex0
    Nex0 Posts: 913 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    pinkgem wrote: »
    the only paypal disputes you can start are item not received or significantly not as described.

    i don't know if you could start a significantly not as described and say that the auction stated returns allowed but now seller wants to charge £3 fee?

    I know what your saying about raising the dispute as there isn't really a option but I think you have come up with the best option.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    if you return them for a refund and the seller refunded -£3 you could(i think) start a dispute
    if they send a seperate payment then you can still file
  • stokechick16
    stokechick16 Posts: 250 Forumite
    To be honest if i was the seller i would not accept the item back. You bought the items as the size stated. If they do not fit that is not the sellers problem i would of thought? You could stick them back on ebay, you might make your money back.
  • Is their ebay account a business account? I think there is some new rule about accepting returns from these sellers. Anyone??
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