Buyer wants refund because item "flawed" and doesn't fit her

[bellacherie]

I sold a dress and described the size and measurements.

The buyer received the dress and said she always fits clothes in that brand and size but this dress is too small and doesn't fit her, so the dress must be flawed and she wants a refund.

I stated all sales final in my listing and have described it as it is.

I did not find the dress too small and I also have many clothes in that brand.

What am I supposed to tell her?

[~lse~]

I know you will get this because you're Australian: tell her she's dreamin'

Seriously, some people! Grrrr.

[bellacherie]

Originally Posted by ~lse~

I know you will get this because you're Australian: tell her she's dreamin' Seriously, some people! Grrrr.

Apparently the only "reasonable" thing for me to do is refund her! I told her to contact ebay.

I would have loved to tell her she's dreamin' but I fear this would only irritate the grisly girl.

[bellacherie]

Here's the communication so far if anyone is interested (from latest to earliest):


Dear me,

Please note that in your description you have listed the dress as a generous size 6 (NOT ACTUALLY TRUE, I state that this is a size six, and that Cue sizes are generally quite generous) fit which it most certainly is not. I am not able nor inclined to take the dress to a Cue sales assistant as it I have enough judgement and experience of normal Cue sizing to be very sure that this is not a true size 6 Cue dress. If you are not prepared to refund the money I will be taking this to ebay. This is not a case of me simply getting my own size wrong. The dress is not for a size 6 Cue (standard or generous)her


- her





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Sent Date: 29-Oct-09 19:42:34 AEDST


Dear her,

Please note that in my listing I state that all sales are final. I have described the dress to the best of my ability and even given measurements at the bottom of the listing. Cue can make styles that do not fit certain builds and I can't be at fault for that. If you take the dress to a Cue store and they find that it is faulty, I will happily refund. But to do that, I would need a contact number and name of a sales assistant or a written letter. Alternately, you are welcome to relist the dress and I don't even mind if you use my pictures. If you find that unreasonable please contact ebay.


- me




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Sent Date: 29-Oct-09 16:59:22 AEDST


Dear me,

Hi me, My problem with the dress is not the fiited style of the season - the dress is not a little too small it is so significantly small it is clear that it there is a problem with it. I think it is only reasonable that I return the dress to you for a refund. Thanks, her


- her




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Sent Date: 29-Oct-09 07:17:33 AEDST


Dear her,

Hi her, I am also a standard size 6 with Cue and didn't have a problem with the dress. The bust/waist is firm and fitted but that was the style of that season. The dress was purchased at a Cue store and was not marked as flawed though you are welcome to take it in to one and get their opinion. Thanks


- me




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Sent Date: 28-Oct-09 20:55:40 AEDST


Dear me,

Hi me, Have received the dress today and unfortunately there is a problem with it. When I tried to do the zipper up it is way way too small - about 10 cm. I am a standard size 6 cue - it is the staple brand of my wardrobe and I hav purchased every type of clothing in the label, shirts pants dresses etc and they have fitted perfectly every time. The size discrepency is so great that it must be a flaw in the pattern. There is no way this could be a proper fit. It is unfortunate as the dress is otherwisw lovely- but the size or pattern is flawed. Can you please get back to me?
Thanks, her.


- her

[ladyisobel]

Unfortunately, if she opens a dispute, she'll more than likely win, i would just have her send it back and refund.

[mydogsfriend]

Have to agree with lady...it's usually best to simply accept the return and relist the item rather than trying to fight it. Get your fees refunded and you won't be losing any $$ - just time.

[bellacherie]

If I were to offer that - wouldn't I also lose the cost of posting the item to her if she claims for the full amount?

[chloehandbags]

Originally Posted by bellacherie

If I were to offer that - wouldn't I also lose the cost of posting the item to her if she claims for the full amount?

Well, no, not if you had just offered to accept the return and refund, less original shipping fee (as it's a fit issue) and assuming she accepted (which she might not have done, of course, if she, truly, believes the size and/or measurements you gave are very off).

Assuming your description and measurements were completely accurate and not misleading in any way, however, you would have, hopefully, avoided her bothering to open a dispute.

That's the advantage, to the seller, of offering returns for any reason.

Whereas, if you give the buyer no way out, you risk them opening a dispute and perhaps even going as far as to make up a bogus issue and/or, even worse, damaging the item (although, I believe this is very rare) and assuming the buyer then wins that dispute, you would be out the original shipping fee, too.

[TallulahJane]

I would call Paypal and talk to them. I don't see why you wouldn't win if she opened a dispute. You listed the correct size and measurements.

[karmenzsofia]

Nah...I would not agree to a return/refund if I'm sure that I described the item in detail and accurately, posted plenty of photos, etc. You say you noted the size (and you're sure it's the correct size) and included the measurements. If the measurements are correct, but the dress doesn't fit her, the dress was still as described. So I would fight this one if she opens a SNAD PP case.

IMO, buying an item of clothing online (that is, without trying it on) involves certain risks--the biggest one being that you won't know if it fits until after you buy it. This buyer was willing to take that risk when she purchased a dress online. The seller noted the size and included the measurements. Sizes run bigger or smaller depending on the manufacturer. But the buyer had the measurements: did she bother to check the dress' measurements against her body to see if it would fit?

While PP rulings tend to favor buyers, there's still a chance you could win that claim if you make a good enough of a case. It also depends on the agent handling your claim.

Is the buyer in Australia too?

[mmmsc]

She can open a PP SNAD case (buyer's world now) and will probably win. But if you feel like a fight, take it on and see what happens. Good luck and keep us posted.

[chikapinku]

Originally Posted by ~lse~

I know you will get this because you're Australian: tell her she's dreamin'

Oh, I love that movie!

I don't see why, if OP included the measurements for the item, why the buyer would win? If the buyer failed to check those measurements then that's their loss, right? Paypal/eBay has really gone down the toilet if they let the buyer win over the OP on this one.

Good luck, OP!

[kkayc]

Sounds like someone is in denial about being a true size 6. It's not worth the hassle, take the refund before she breaks the seams of the dress. I dunno, I've bought stuff on Ebay that ended up not fitting, I just figure that's the cost of buying something without trying it on. Unless there's a huge discrepancy in the measurements, I understand that while my mind wishes I was a true size 6, my body has moved on to a size 8.

[hotshot]

If you feel like you want the challenge of this dispute, then go for it.

Your measurements were accurate and there are so many body types for a size 6

that who knows if she really is a size 6 or perhaps she is not.

Should she rip the seam due to "fit" you will get something back not in the condition

that it was shipped. And she could open a dispute.

[~lse~]

To the OP....the problem with Cue clothing is that their sizing is all over the shop. I would NEVER buy Cue anything without trying it on. If she really does know anything about this brand then she's foolish for thinking otherwise IMO. They have no such thing as a standard size X - every pant and every skirt is cut differently IME. It's actually something I find incredibly frsutrating when it comes to Cue because otherwise I love their clothes.

I really think it's terribly unfair for you to cop this. I have bought clothes online because they were not available in store and even though I ordered my 'normal' size - and being familiar with the brand(s) - they've not fit me. Sheesh I wish I'd whinged and got a refund but I didnt see it being the vendors issue/problem. I guess I am stupid

Originally Posted by kkayc

Sounds like someone is in denial about being a true size 6. It's not worth the hassle, take the refund before she breaks the seams of the dress. I dunno, I've bought stuff on Ebay that ended up not fitting, I just figure that's the cost of buying something without trying it on. Unless there's a huge discrepancy in the measurements, I understand that while my mind wishes I was a true size 6, my body has moved on to a size 8.

LOL