posted on May 27, 2001 11:26:59 AM new
I recently won a $100 clothing item that was listed in the auction title and description as New with Tags. The pics (all three of them) clearly showed the tags on this item. I received the item on Wednesday, and it does not have tags. It think it looks unused for the most part, but I wanted to give it as a gift so the tags were of importance to me. I wrote to the seller on Wednesday asking if she had somehow shipped the wrong item as this item had no tags as indicated in the auction listing. I asked for a full refund, as this item was misrepresented. She wrote back, telling me that the item was indeed new and that the tags must have fallen off in packing it. She then said she would not refund and to leave her alone. I paid with Paypal and am thinking of just negging her and doing a chargeback (she already left me positive fb). Am I out of line for wanting a refund? I don't think it is fair that she could be selling items as new with tags when they may not be new.
posted on May 27, 2001 11:43:48 AM new
JMHO, but I think the seller should refund you.
I'm a clothing seller myself and I would never advertise something as NWT if it didn't have tags. NWT means just that NEW WITH TAGS!! Especially if you wanted to give it as a gift, the tags would be important.
If by some odd chance that the tags did come off while I was packing something, I'd at least include them in the package with a note about what happend.
If you're not happy with your purchase and the seller won't at least try to work things out with you, I'd say it was time for a neg.
posted on May 27, 2001 11:45:06 AM new
You said yourself the item "looks unused". And it IS possible that the tags simply fell off during packaging - since you said all the pictures in the auction showed the item with all the tags attached.
Things such as a tag falling off is quite minor if you ask me. You said the item appeared to be unused, as the auction stated, so it seems to me you received the item as represented. Give the seller a little slack. So the tags fell off! Had the tags still been attached you would have been quite happy with the item, right?
I would leave a positive and I think a chargeback would be way out of line.
posted on May 27, 2001 12:49:31 PM new
The item was not as represented. For whatever reason, the buyer wanted and expected the tags to be on the item, as advertised. The buyer didn't say anything about finding loose tags in the package, she said they weren't there at all. The item could not be used as the buyer intended (as a gift). If the seller does not take the item back and give a refund, he/she deserves a neg.
posted on May 27, 2001 01:12:34 PM new
If I bought clothing that said it was New With Tags, and it didn't come with tags even though it looked okay, I'd be pretty annoyed. With any item, the prices go higher when things are brand new (with tags attached to prove it). Without those tags, the item isn't worth as much. Especially since the bidding price ended at $100!
Maybe the seller didn't notice the tags fell off, maybe it was an honest mistake. BUT that isn't the buyers problem. And I have a big problem with the way the seller handled it -- instead of asking you to double check the packing materials in case the tags fell off in transit she told you to leave her alone!
I'd write her another email (and cc safe harbor), calmly stating the details once again and the fact the since the tags are missing she needs to refund you or deduct a reasonable amount from the auction price.
posted on May 27, 2001 01:14:39 PM new
I don't think it's quite time for a neg YET.
I would reply and firmly state that I wished a full refund and agreement to send item back. This is not a $6.00 t-shirt, this was a priceier item and whether for a gift or not..... was advertized as new WITH TAGS and delivered WITHOUT. (they wern't even in the box, but even that would not be equal to receiving an item with tags attached). Let's say that the seller is completely honest, which is 50/50 probably the case, she should have email the buyer and mentioned the occurance, and asked if item may be sent anyway.
I had something very similar happen, I had a vest hung up and the tags dangled so temptingly that my dog chewed through the plastic thingy that holds the tag to the cuff. Didn't hurt the garment or the tag, but this item will have to be listed very differently than one 'new with tags attached'. It will most likely also affect the bidding and final price. I can make up the difference on a nice large tanned dog pelt.........KIDDING! JUST KIDDING! Actually I like to chew those plastic strips, too. I can't believe I admitted that! Don't tell anyone, ok?
If an item varies from description it needs to be declared to the buyer. If your buyer buys a Gala you can't send them a Winesap and say "well, an apple is an apple!" If the presence of the tags were of NO importance WHY would us buyers even mention them??? Of course they are important!
I urge you to make another attempt to work it out with this seller, but if all fails do not hesitate to neg. An honest seller will not respond 'leave me alone'.
posted on May 27, 2001 01:34:31 PM new
Um exsplain this tag thing here !!!
I mean unless someone has a tag fetish dont we all remove tags from clothes before they are worn its not like they will be able to return the item to walmart for replacement or refund if they dont fit.
Correct me if I am wrong I dont think I am I buy clothes from catalogs all the time for my wife they normally arrive with no tags on the cothes meaning there is no holes in the clothing from the tags punch on to them.
My guess is even if you file a charge back through for the paypal purchase if the person is wise the charge back could be fought by them sucessfully as long as they can prove they shipped the item.
you say the clothing you received looks new or unused even though it was advertized with tags you really were not buying the tags you were buying the clothing.
some complaints I here about Item are just so silly who in there right mind buys clothes just because they have tags what you gonna do toss out the clothes and wear the tags sheesh.
look at there auction picture is this the same clothes color and all just missing tags ??
posted on May 27, 2001 04:20:09 PM new
If the auction description said tags were included, I'd expect the tags to be included - period. The tags would not fall off easily during packing! Sounds fishy...
Return the item to the seller, signature required. Then do your chargeback. Or write them one last time and professionally spell-out what you are going to do if they don't refund. Then do it.
posted on May 27, 2001 04:32:20 PM newsome complaints I here about Item are just so silly who in there right mind buys clothes just because they have tags what you gonna do toss out the clothes and wear the tags sheesh.
If tags were not important why was it listed new with tags and not just new ?
it's obvios the seller felt they could get more by listing nwt
I would leave a positive and I think a chargeback would be way out of line
If it were me I would do the chargeback and the neg filing any concession from the seller
Quite simply the seller did not deliver what was advertised.
posted on May 27, 2001 05:18:07 PM new
Thanks for all the advice & input. Even though some of you think I should just be content that I received the item in new/unused condition... I would NOT have bid on this item had it not been new with tags. I certainly would not have bid up to $100 for a used item, regardless of condition because this is for a gift. I did write to the seller again tonight after reading the posts here; she responded as follows:
"I will not be processing any sort of refund (partial or otherwise) for the XXXX. You were lucky to get it at a lesser price than I paid for it originally at XXXXX. I am sorry that the tags somehow were lost when I packed the XXXX up, but the situation is out of my hands. I do not feel that the item was misrepresented as it is in new condition even without the tags. Please do not write to me again."
I am taking some of the advice posted here and will be returning this item to her on Tuesday.
posted on May 27, 2001 05:22:36 PM new
Just be prepared, she may refuse the package - which will mean you will be charged for shipping again when & if it gets sent back to you.
posted on May 27, 2001 05:33:00 PM new
As a clothing seller myself, I don't see how the inclusion of tags affect the item's gift quality. I mean, since you purchased it on eBay, the person should not be able to return it to the store, so what's the point?
Anyhow, she should have responded more tactfully and offered some kind of compramise. A few months ago, I had 4-5 identical items that are pretty high end. I used one pic for them all and the picture clearly showed the tags attached. The third item sold did not have tags attached (Whoops!), so I emailed the buyer to let him know. He was okay with it anyway, because it was brand new.
But the absence of tags/ boxes/ dustbags, etc. does not mean that an item is used. Frequently when purchasing closeout/ liquidation/ shelf pulled apparel these items do get separated from their owners.
I mean think about it, if tags really are that important, shop at a retail store. there has to be some give and take with an auction.
Now, I don't think the seller responded in the best manner, but I don't feel that the item was "misrepresented."
And the chargeback advice is a bad idea. This is NOT a valid reason for filing a chargeback, try convincing your credit card company that a missing price/brand tag is misrepresentation.
posted on May 27, 2001 05:35:40 PM new"I will not be processing any sort of refund (partial or otherwise) for the XXXX. You were lucky to get it at a esser price than I paid for it originally at XXXXX. I am sorry that the tags somehow were lost when I packed the XXXX up, but the situation is out of my hands. I do not feel that the item was misrepresented as it is in new condition even without the tags. Please do not write to me again."
What a lazy, uneducated, unprofessional response ---> "You were lucky to get it at a esser price than I paid for it..." The simpleton dosen't realize it was an auction in which she had total control of begining bid! I doubt very much the tags were lost, and even if they were it was her fault! She's right about one thing the "situation is out of her hands" and in the hands of YOUR credit card company!
Before you go the expense of mailing the item back, check with the credit card company and see if you must send it back in order to get a charge back granted. If not, don't bother.
I feel for you here because I buy on eBay too. Lazy and fradulent misrepresentations are running rampant.
UBB
[ edited by morgantown on May 27, 2001 05:37 PM ]
posted on May 27, 2001 05:40:03 PM new
For all of you that don't think the tags matter concerning "gift quality," perhaps so. However, it's still a case of misrepresentation - simplistically so. It was important to the bidder and she BID HIGHER than shen would have without the tags.
posted on May 27, 2001 06:20:37 PM new
New with Tag or NWT is used as a catch phrase in many auctions and auction titles. They are put there because most sellers knows that this is a VERY IMPORTANT selling point of clothing items. As a bidder I would bid higher on a NWT item and would also be disappointed if it was delivered without the tags... especially if it was purchased as a gift.
While it may seem a trivial matter to some, it is not a trivial matter to the bidder, who paid $100 for the item, titled and described as with tags.
If the seller is not willing to work out a comprimise, and the bidder does not feel this is a gift quality item without the tags, she should be able to look into other options to recoup her losses.
posted on May 27, 2001 06:23:24 PM new
If I bid on an item that said it was new with the tags and it arrived without, I would not be happy. Espceially since the item is going to be a gift.
I think further discussion with the seller is imperative. Apparently she doesn't realize the importantce of tags. (Yeah right, that's why she advertised NWT!)
Maybe she just keeps using those same tags over and over again?
posted on May 27, 2001 06:25:25 PM new
interstingly the clothing sellers here don't see a problem with the lack of tags says something about them dosen't it.
I wonder if they list nwt or just new
My money is on their listing nwt looking for that last dollar but once they get it the importance of tag's dissapears
bottom line is still if the descreption said nwt you had every right to expect nwt
I do think you need to check with paypal on how to do a chargeback before you send it back no sense being out both the item and the 100.00
might also try ebays insurance policy i'm not real sure how that works either
btw I am 75% seller 25%buyer
posted on May 27, 2001 06:35:04 PM new
I am a clothing seller and I often sell NWT items. I've never had a tag "fall off" or shipped a NWT item without the tags. But I can certainly understand how during handling/packaging the item, it's possible for the tag to have fallen off. I personally would have included it in the package.
But maybe this seller did not realize it had fallen off at the time?
I am a buyer on ebay also (not nearly as much as a seller but I do buy on ebay). If I purchased a NWT item and received it in "UNUSED" condition and the tags were missing, I would not make a federal case out of it. Even if it WAS for a gift.
Actually, when I even buy brand new clothing in the stores to give as a gift, I remove the price tags so the recipient doesn't know how much I spent on the item. I do that for ANY gift I purchase, whether it's clothing or any other kind of item. I never thought it was the right thing to do, to let someone know how much you spent on them.
So I have to wonder if the "pricey" price tags were so important because they were meant to impress the person who was receiving the gift.
[ edited by ExecutiveGirl on May 27, 2001 06:38 PM ]
posted on May 27, 2001 06:40:32 PM new
MATERIAL GIRL's example of the tags
In the pics might be right,
And the sellers story about the lost tags is crap in my mind,
Can you cancel the payment on your credit card if Paypal wont do it ?
(decline the charge)
(BTW I'm a huge hater of Paypal for all known
reasons
If it's listed as NTW,
It should come with tags,
That's called misinterpreting of item
In my mind.
I sell expensive La Perla Lingerie,
And I sell it with tags,
And I believe that is THE ONLY reason
Why they sell,who cares that they are saving
$400 on a set, if they cannot give it as a gift!
Give me her email address,
I'll give her piece of my mind!
Good Luck!
posted on May 27, 2001 06:46:11 PM new
Lack of tags wouldn't wouldn't bother me either but that's not the point
The point is it bothers trix321 she bought a item NWT and she didn't receive it
posted on May 27, 2001 06:48:26 PM newfurkidmom: Exactly!
trix321: You said her pics showed the item WITH tags attached. Can you check her auctions and see if she sold more of this identical item? Maybe some had tags, maybe some didn't. (Still doesn't mean they weren't new)
Were there close-up pictures of the tags?
Do other of her clothing auctions have the same tags attached?
If not, I would highly doubt that the seller is just trying to "pull one over on you".
[ edited by ExecutiveGirl on May 27, 2001 06:49 PM ]
posted on May 27, 2001 06:57:10 PM new
The price of the item can be removed without removing the total tag, and this is the way I recieve and give clothing gifts. Also some tags do not have the price on them, but this is beside the point.
Believing the item came with tags gave trix321 reasonable assurance that the item was indeed new. When it arrived without the tags and she did not get a pleasant response from the seller, she no longer felt certain that the item was new, and from what I gather, does not feel it would be appropriate to give as a gift. So the item is now useless to her.
[ edited by breezeb on May 27, 2001 08:37 PM ]
posted on May 27, 2001 07:00:12 PM newWhen it arrived without the tags and she did not get a pleasent response from the seller, she no longer felt certain that the item was new
Not true... the buyer stated in her very first post that it appears to be UNUSED. I think if the suit arrived in the EXACT same condition that she received it in WITH tags, she would have no problem.
posted on May 27, 2001 07:03:59 PM new
The key word is "appears"... and later in that post she also wrote "I don't think it is fair that she could be selling items as new with tags when they may not be new."
posted on May 27, 2001 07:06:30 PM new
Go to Belk's, pull a tag off another item, get a swiftack gun and stick it on. Voila! You bring the balls and I'll bring the bat!!
