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Old Jul 23rd, 2008, 07:10 PM   #1
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Default Just want to vent about my situation with a seller

UGH!!!

Well, let me start off by saying that I am definitely more a buyer than a seller, but that I am very understanding and sympathetic toward sellers as I feel they have it the hardest and I am WAY more nervous when I list something than when I buy. eBay really has unleveled the playing field and has sellers' hands tied now. I am not a nit picky buyer, I pay promptly and I don't freak out if it's been a week and I don't have my item. I may politely ask about if the item was shipped if I haven't heard anything after a week, and request a tracking number, but I am really patient. I also don't complain about shipping fees. If they are that exorbitant I will not bid and if the item is worth it, then I gladly pay. I know how much shipping with insurance, tracking, etc. costs- it's A LOT!

However, after this disclaimer, I am really, REALLY fed up with a particular seller. I purchased an item of clothing, not expensive (around $40 US), but since the seller was overseas, shipping cost me $20.00. That is fine with me. When I received this item, I realized it was not the size stated in the auction. It was a size bigger, and would not fit. I did not try it on, as I have a similar item by the same designer, and it is an item meant to be loose fitting and even in the smallest size (mine- a 34) it is slightly big. So, I notified the seller IMMEDIATELY of the error and told her I needed to return the item for a refund. Also, please keep in mind that this item is used and when it arrived to me, it smelled slightly of smoke (I'm a non-smoker and no one in my home smokes) and the inside tag, which is light in color was dirty. Again, I normally don't make an issue of minor things like this, as I send articles of clothing to the cleaners anyway before I wear them. I'm mentioning this because it comes up later.

Here was my initial question (copy and pasted word for word):

Hello, I have received this item. However, it is not the size listed in the auction. The auction states that it is a size 34, but it's a size 36. Please advise.


I like to leave the seller with plenty of opportunity to fix the situation (ie: offer to send a replacement in the correct size, etc). I do not immediately demand refunds, etc.

This was her response:

Hi, Well I don't see that s a huge problem, does it fit? As its only a dress size bigger. Regards,

WHAT? Why would I even bother if it fit? And, um, yes, it's a problem.

So I responded:

Well, it is a problem as I purchased it under the assumption that it was a size that fit me, and it is instead a size that does not. Thank you in advance for your cooperation.

I certainly hope I do not sound bitchy at this point, but hello?

So she says:

Hi, Sorry for the mistake in dress size but it was also as an indicator of what size person it would best fit. If it doesnt fit, please return and within 7 days and will refund the cost of the jumpsuit (after inspection for any wear or damamge) less postage. Kind regards,

Why would she take it upon herself to state the size as an "indicator" of what size it would best fit and not the actual size on the tag. And WHY would she say it would best fit a size smaller if the item is meant to be loose when worn? Wouldn't it be stated as the next BIGGEST size? Also, inspection for wear? It was sent to me worn and not clean! And would be sent back in the same condition (not damaged, obviously), but I would not want the wear to be attributed to me. Not only that, but in this case, I do feel as though I would be owed a refund in shipping. The mistake was hers. Am I wrong for this? Once, I sold an item that I made a mistake on in the name on the label (I put Forever 21, but it was a different Macy's brand) and I refunded the buyer in full, including her return shipping to me. Maybe that was too much of me?

So I respond:

Actually, as this jumpsuit is very loose-fitting, if you are using your opinion as a description on what size person it would best fit, the size should have been estimated HIGHER rather than LOWER than the stated label, and certainly the actual size on the label should have been mentioned.

As this item was just picked up, and too large, I assure you, it certainly is not damaged, and of course hasn't been worn, but I assume you are keeping in mind that the item was sold used and has been worn, ie: the label inside, which is light-colored, is slightly discolored (dirty). I have not taken it to the dry cleaners to fix this, and it was sent to me by you in this condition. Not something I would complain about, normally, but a different size certainly IS an issue and I do not want to be responsible for any wear on the item prior to my receipt.

Also, I assume you will be refunding my postal costs as well, as the mistake was yours and not mine. Am I correct?

Thank you.


She fell silent for more than a day. Because she was only giving me 7 days (this is a very short time span to return something overseas, with adequate tracking it would cost me almost as much than the original price plus postage to return it to her for a refund of ONLY the item.), I decided to open a dispute. Right after I did I get this response:

Hi, Thanks for your email. Unfortunately I had tried to be as accurate as possible. The advert actually stated the jumpsuit as a 34 now with this being Stella McCartney, this equates to a UK6 but if you view the advert I also stated that it fits UK6-8 which is a 36; so I feel that I have not been dishonest in any way. Which is why I am very happy to give you a refund on the jumpsuit, but not for postage and packaging.
I do feel that from your tone, this is more about you probably not liking the jumpsuit or it not suiting your style? Stella McCartney designed the jumpsuit to be loose fitting as is plainly obvious in the image.
Please return it and I will refund you the auction price of the jumpsuit.
Kind regards,


Am I crazy? Why is this person insisting that they are in the right for stating what size it would best fit (and isn't even doing that correctly)? Not only that, but now they are insinuating that I just don't like it? WTF. I'm glad I opened a claim. This person does not want to take full responsibility for their actions, and seems to "sort of" admit they made a mistake but they keep trying to justify it or shoulder blame on me.

I feel better just getting this out, but does anyone have any opinions or advice? I'm seriously an easy, trouble-free buyer, but this is just getting under my skin.

(LOL I am sorry this is so long!!)

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Old Jul 23rd, 2008, 07:42 PM   #2
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I'd be upset too, if I were you. You are justified in filing a claim. And I think your messages were professional and to the point. Good luck.
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Old Jul 23rd, 2008, 08:02 PM   #3
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That's so weird that the seller wouldn't just say "ooooppps!! So sorry about that, please send it back so I can refund you." You didn't get nasty with her.

Did the auction have pictures of the tags on the dress or measurements?
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Old Jul 23rd, 2008, 08:09 PM   #4
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No, no measurements. Not much in the way of a description, just said the name of the item, color and size (misstated) and her "estimate" of what UK sizes it would best fit (6-8). I am unfamiliar with UK sizing, but I am familiar with European and Italian sizing, so I knew a 34 would fit. Also the auction showed just a stock picture (of the other color the item was made in), a runway pic (also a different color), and a crappy pic of the actual item with no tags showing.

Quote:
Originally Posted by shoulderache View Post
That's so weird that the seller wouldn't just say "ooooppps!! So sorry about that, please send it back so I can refund you." You didn't get nasty with her.

Did the auction have pictures of the tags on the dress or measurements?
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Old Jul 23rd, 2008, 08:13 PM   #5
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She sent you the wrong size for goodness sakes! Totally her fault. Open a dispute although I don't know if eBay will make her refund shipping.
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Old Jul 23rd, 2008, 08:28 PM   #6
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If you win a paypal claim, you are reimbursed for your entire payment to the seller, including shipping.

Quote:
Originally Posted by jmcadon View Post
She sent you the wrong size for goodness sakes! Totally her fault. Open a dispute although I don't know if eBay will make her refund shipping.
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Old Jul 23rd, 2008, 08:31 PM   #7
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I would totally be pissed. You were so patient and nice with her while she was just kind of like "oh....well that sucks!" I think you were completely justified in everything you did...it's her fault 100%.
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Old Jul 23rd, 2008, 08:47 PM   #8
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I wish people who write what size items "should" fit would "have anvils fall on their heads, cartoon-style". I have clothes that fit me perfectly in my closet from sizes 16-26, some of which are the same brand/different size. Who is to say what "should" fit? List the damn size correctly, sellers!
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Old Jul 23rd, 2008, 09:06 PM   #9
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Quote:
Originally Posted by nooch View Post
I wish people who write what size items "should" fit would "have anvils fall on their heads, cartoon-style". I have clothes that fit me perfectly in my closet from sizes 16-26, some of which are the same brand/different size. Who is to say what "should" fit? List the damn size correctly, sellers!
LOL @ the anvils visual

Everybody is built differently. Sizes don't fit everyone the same, as everyone is proportioned differently. You don't know if I'm smaller on top and larger on bottom or the opposite. Even if I weigh such and such and my height is such and such my proportions might be totally not within the "normal" range for a particular size. Instead of guessing, how about just put the size on the tag, and if you want to "help" put the measurements rather than just "estimating" what size you THINK the outfit would fit? Cripes!

Not only that, but if an outfit was baggy and loose, then WHY would you estimate that it would best fit someone SMALLER than the actual size on the tag? Wouldn't you estimate that since it is free-flowing it would fit someone LARGER than the tag size?? I just don't get it.
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Old Jul 23rd, 2008, 10:16 PM   #10
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You are being way too polite. your next response should be:

"You said the jumpsuit was 34 in your auction. The tag says 36. This is not my mistake, it's yours. I expect my shipping costs refunded as well. This is the exact definition of 'significantly not as described' that paypal disputes are based on."
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Old Jul 23rd, 2008, 11:00 PM   #11
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That seller is being a total butthead...yeesh, she sent you an item that was NOT what she listed. A size 36 jumpsuit is NOT a size 34, plain and simple.

Fight this to the end and don't let idiot sellers like her get away with this garbage!
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Old Jul 23rd, 2008, 11:00 PM   #12
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Wow if you lose this.. I think I'll leave eBay forever!! Props for standing your ground!
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Old Jul 23rd, 2008, 11:20 PM   #13
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That sellor is wrong, no buts about it. Stand your ground.
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Old Jul 24th, 2008, 05:26 AM   #14
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OMG, if this wasn't so ridiculous I would go drop that anvil on this seller's head myself.

Check out this response, the seller still REFUSES to admit she is wrong (!):

I am so sorry you feel frustrated but I am not in error. The advert clearly stated that it was a 6-8. So why would I admit to being wrong when the garmet is in fact an 8? You knowingly purchased something that was too big, you said it yourself that the even 34 was too large for you and as you have so kindly shared your measurements, I believe you should never have bid on the item in the first place, as it was marked 6-8, and your body size is clearly more 2-4.


WTF???? I said a 34 was loose, but I could get away with it, and that I already had a similar item, so I knew I needed a 34. Why in the world is this person so pigheaded?! And why is it so hard for her to get it through her pea brain???! She marked it a UK 6-8? No, it was marked a size 34, she OPINED that it would fit a UK 6-8. I don't know squat about UK sizes. Those numbers meant ZILCH to me. All I know is that she stated that this was a 34 (This item is sized on its own tag in EURO sizes only, not UK sizes) and that is all I needed to know. She made an error and will just not own up to it. Oh, but this, dear PFers is the best part of her nonsense message:

On reciept of the dress and reciept of POSITIVE feedback, I will happily give you A FULL REFUND (including the postage you paid).

Please post the item today I will expect to recieve it 7 days and this matter will be cleared. I can not be fairer that that.
Kind regards,


You have GOT to be kidding me!! She's trying to hold my refund ransom and extort positive feedback before giving me a refund?? AND she's going to now acquiesce to giving me my postage after refusing before, given I comply? I would rather eat glass! Dispute escalated to a claim. You have messed with the WRONG lady, missy.

I know this is peanuts compared to some of the fraud people on this forum/thread have been subjected to, but there are obviously more idiots and thieves on eBay than there are decent, honest people anymore.

I hope everyone who is dealing with eBay drama gets the resolution they deserve.
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Last edited by bulletproofsoul; Jul 24th, 2008 at 05:32 AM.
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Old Jul 24th, 2008, 08:17 AM   #15
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ok if she has demanded feedback out of you that is blackmail

open a paypal dispute and alert eBay to her saying this - that is very much against the rules and she cannot with hold your refund for somthing that is VOLUNTARY=FEEDBACK!!!!!!!

her just saying that has made me REALLY mad - how dare she!
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