posted on May 2, 2001 01:35:09 PM
Last week, I won a new with tags clothing item that indicated it was a size 12 in the auction title and in the description. I paid via paypal and received the item today. The item is as pictured, but the tag on the item and the sales tag clearly shows that the item is a size 10. I wrote to the seller and stated the issue, and inquired if she had perhaps sent me the wrong size by mistake, and could I exchange since I wanted the size item that was listed.
She wrote back the following: "I don't make mistakes. I also don't give refunds. Sorry the item doesn't fit you. I guess I made a typo when I set the auction up. See ya."
Quite a professional response, isn't it?? I wrote back that this was clearly an oversight on her part, and that the item was misrepresented both in the auction title and in the description and that I am requesting a refund.
If you were the seller in this situation, would you refund? I feel a full refund of both the item cost and postage is justified.
posted on May 2, 2001 01:41:06 PM
In this case I would refund. I just had a similar thing happen where a typo on one of my auctions caused someone to bid on something that they would not have otherwise bid on. It was my fault and I accepted full responsibilty and am refunding the full amount including shipping.
Normally I don't do refunds, but this was my error-- it wasn't my customers.
posted on May 2, 2001 01:47:02 PM
When an item is misrepresented, the seller should refund selling price plus shipping both ways. Even if the seller normally does "all sales final", the situation is changed when they, either intentionally or accidentally, materially misrepresent the item for sale. Material misrepresentation would be listing the wrong size on an item of clothing, neglecting to list major damage on a piece of bric-a-brac, or listing something as old which can then be proven to be a reproduction. (misrepresentation does not include listing an item "as-is" - the seller in that case as good as stated it might or might not work).
This is only my opinion, of course, but over the past 3 1/2 years, I've see enough sellers agree with these basic outlines to say this is the norm.
posted on May 2, 2001 01:47:39 PM
I would definately send a full refund including shipping and provide it with an apology for the listing error. In addition, I would refrain from ending any correspondance with "See ya", as it shows this person is an idiot.
posted on May 2, 2001 01:48:23 PM
The item is NOT AS DESCRIBED ... and it is the seller's fault because they typed without checking. As hard-line as I am about no refunds, if I screw up, I would refund.
They owe you a refund, or they deserve a NEGATIVE. "Item not size as listed, refused to refund" sounds good to me.
posted on May 2, 2001 01:51:13 PM
Wow, my auctions state "all sales final" but if and when I make a mistake I will refund. If I had listed that dress with the wrong size I would have refunded immediately. It's not the buyer's fault that the seller put the wrong SIZE in the auction! Listing a clothing item at the wrong size is a BIG mistake and the seller should be more than happy to refund you.
If she doesn't refund you, NEG HER. Did you pay by credit card? Do a chargeback.
posted on May 2, 2001 02:01:11 PM
Absolutely agree with Amy. My mistake in description or something similar, my refund, as bidder would obviously have not paid a wooden nickel if it had been described correctly.
Described correctly but bidder changes mind, sorry but its theirs to keep & treasure.
posted on May 2, 2001 02:19:27 PM
If I make a mistake, I not only refund the item, apologize profusely, I pay for postage both ways and include in the envelope a flyer I have made up for 10% off their next purchase from me. Everyone is human and make mistakes but this is a pet peeve of mine - take responsibility for your own actions. She should refund your money AND the shipping.
I would turn her butt in to ebay and then I would leave a neg if you already haven't left feedback. This type of seller makes it bad for the rest of the sellers. Remember the old adage, one bad apple spoils the entire barrel AND that is true.
posted on May 2, 2001 02:19:48 PM
You definately deserve a refund. Isn't it a contradiction to say "I don't make mistakes" and then say "I guess I made a typo"? Last I knew, a typo WAS a mistake! She needs to grow up and learn to take responsibility for her actions! Definately deserves a neg!
posted on May 2, 2001 02:44:23 PM
I recently had a similiar situation....Purchased item, received it, totally different than the auction description (& damaged in packing)....I emailed the seller, calmly explained the situation, & my expectations for a resolution....I expected to be ignored, BUT to my very very pleasant surprize, the seller offered a "FULL" (including shipping) refund & allowed me to keep the item!!
In my opinion, if the description is incorrect, seller should definately satisfy the buyer...mistakes happen, how you handle them is what really counts!!!
posted on May 2, 2001 04:01:52 PM
An obvious mistake like this deserves a refund with shipping both ways. This isn't a dispute over what "good condition" means, or a even a minor flaw the seller overlooked, this was an ERROR on the part of the seller.
posted on May 2, 2001 04:13:15 PM
I'm also in the same situation with a clothing item I've received. The seller has yet to get back with me. Item was listed in the wrong category and had a misleading title about the size! Was in petite category and petite was in the title. I NEVER would've purchased the item if I had known otherwise. I suppose I'm lucky because I could alter it (or pay someone to) to fit.
Just really gets me steamed! Is there a way to report a seller who sells items that are different from what described (i.e....size or color).
I should've learned my lesson long ago when I received that NEW wool sweater w/a moth hole in it! No more clothing purchases on ebay for me.
posted on May 2, 2001 05:22:22 PM
You people are awesome - thanks for your thoughts! I had not thought of the chargeback idea, and it is viable since I did pay with a cc on paypal. This seller has about 100 fb, but it seems to be a mix of buying and selling. She has 3 recent negs for failure to respond or pay for auctions and 2 negs that seem to be related to being difficult to deal with. There is also 1 neutral for "item not as expected". I haven't left fb for her and her EOA states that she leaves fb AFTER she receives it. I guess I'll trade a neg for a neg at this point. I heard back from her tonight and she said she will consider "going out of policy" and refund half the cost of the item only, not the shipping I paid nor the shipping I will spend to send this item back to her. I think if she wants the item back then she needs to refund ALL the cost of the item AND shipping both ways. However, I'd accept one way shipping if it was offered (which it isn't).
I think I will leave her a neg and then try to resell the item myself. I can probably recoup the item cost, or at least more than her "generous" offer of 1/2 the cost of the item. This is one of the most unprofessional sellers I've ever dealt with!
posted on May 2, 2001 05:35:36 PM
Sounds like you've got a seller who needs a MAJOR refresher course in customer service and ethics! I hope you're able to do a chargeback if you can't persuade her to give you a full refund on her misrepresentation.
I was very lucky one time when I had a problem with an auction. I purchased a silverplate item once expecting it to be vintage but unused (that was my impression based on the description and picture). It certainly looked unused when I got it, but there was some pitting in an area that wasn't readily visible (but very plain if you looked at it in a certain way). I sent a "professional" e-mail to the seller about the problem and a few more e-mails went back and forth. I maintained that I wouldn't have bid on it in that condition since it was for a gift, and I'd like a refund. Much to my surprise, she offered a full refund (plus shipping--total of about $20) and told me to keep the item as well!!!! I didn't feel comfortable with that, so I wrote her that I very likely would have bid a lesser amount and kept it for myself had the condition been disclosed (it was a very pretty item even with the flaw). I told her I'd certainly send the item back if she refunded, or I'd settle for a 1/2 refund if I kept it, since that's what I would have been willing to spend. She willingly agreed to the 1/2 refund, and I got glowing feedback from her (I gave her excellent FB as well). I'd buy from her again in a heartbeat because she was highly eithical and professional; I hope I'd be as professional if I ended up in a similar situation as a seller.
trix321, maybe you could e-mail her again with a link to this thread so she could see for herself what REAL sellers would do!
Without eBay, I might have a real life...
[edited 'cause a post came in while I was typing]
[ edited by mcbrunnhilde on May 2, 2001 05:43 PM ]
posted on May 2, 2001 05:36:16 PM
Send the seller a polite e-mail telling her that you are not going to waste time e-mailing back and forth over her mistake and if she refuses to make good on her error, you will simply intiiate a chargeback with PayPal. Include a link to PayPal's policy of freezing accounts while chargebacks are investigated.
This seller's attitude reeks. "See ya"? What the heck is that?
I hope you're able to do a chargeback if you can't persuade her to give you a full refund on her misrepresentation.
