Can the seller deny a refund and if so, what do I do?

  1. I bought a lovely pair of Christian Louboutin ivory shoes on eBay last weekend. They arrived today (prompt shipping!). I paid via PayPal (of course!).

    The problem is that the shoes are damaged, which wasn't represented in the auction. The left heel looks like it met one too many times with a sidewalk grate and the front of that shoe is squished in at the tip. The right shoe has stains. The seller said nothing about these in the auction listing! The pictures seemed to be carefully taken from angles (now that I look at it) to hide the defects and represent them as near-perfect condition.

    I had asked the seller before buying if they would fit me (TTS US 8), which she said that they would and just had her mom try them on who is a US 8 and they fitted her perfectly. I have a narrow foot and they are a bit tight on me.

    I've emailed the seller via eBay to see if we can arrange a refund. The only thing I'm worried about is the listing does say "All sales final." I've had other sellers refund my money for shoes that didn't fit, etc. even though the auction listing said "All sales final." I'm always worried though that one will say no because they don't give refunds.

    In the event of the seller refusing a refund, what are my options? Can I send pictures to eBay or PayPal to show that the item was misrepresented to get a refund if the seller refuses to?
     
  2. You'll have to file a dispute if the seller doesn't refund. You definitely have a point with the damage and it not being disclosed, but in my opinion the seller stated the size of the shoes in the auction, so she is not liable for the fact that they don't fit you.
     
  3. Second that.
     
  4. The seller switched between saying it was a size 7 and a size 7.5 in the listing, which is why I had to ask what size it would actually fit. Plus with Christian Louboutin shoes, the sizing is very erratic and depends on the model. It's not the big issue though, the big issue is that these shoes are really in poor damaged condition.

    Reading on eBay, I guess I have to wait until 10 days after the end of the auction before filing a dispute, which isn't until the middle of next week!
     
  5. Did you pay by Paypal - if so you will need to file a dispute under SNAD to start the ball rolling.
     
  6. ^ I always pay via PayPal.

    How long should I give the seller to respond before filing?
     
  7. Yep, you need to file a snad (signifantly not as described) through paypal. I would go ahead and file now and she can respond throught paypal so they will have the record of all the emails should you decide to escalate it to a claim.

    Also, if you don't go through paypal...she probably won't refund the original shipping, paypal will. You have to pay to ship the shoes back though, and use dc, and insure.

    Good luck
     
  8. She responded. She basically said "sorry, all sales are final." She completely ignored my statements that the shoes are badly damaged and stained and that wasn't represented in her listing. I responded saying that the big issue is about the damage to the shoes that she didn't describe in the auction and I would like to resolve the issue without having to do it through PayPal and eBay.

    I'll see what she says this time and if she still refuses a refund, then I'll go ahead and file with PayPal and eBay. I can't file with eBay until the 11th (Tuesday).
     
  9. Don't bother filing with ebay, go straight to paypal, file and then escalate it to a claim. It is going to take time to get your money back so I would start now.
     
  10. I wouldn't wait for her reply, she's obviously a dishonest seller trying to play hardball. :rolleyes:

    File a dispute, listing every fault and flaw, in great detail and say how their condition differs from that stated in the listing. Mention how the shoes were, obviously, intentionally photographed from angles chosen to hide the damage.

    Also add any correspondance to and from the seller before escalating to a claim, as you can't add it to the page after you have escalated. :nogood:
     
  11. Thanks for posting this....I didn't know that.
     
  12. ^ No problem! :flowers:

    Sorry for spelling correspondence with an a, BTW! :lol: :rolleyes:
     
  13. Thanks for the help everyone!

    This is what her response was:

    "Hi Kelley, again, i am very sorry that you didn't like them but they are used and that why at such a low price, for a brand pair, they will sell more than $500 on ebay now ! I really tried to take all the detail on my list so all my buyers can see clearly. Again, i can understand what you feel but thats something difficult about buying online, i wish you can look at them by youself before you buy, and i am always try to make all my buyers happy as you can see from my feedbacks !"

    This was the auction listing:
    http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=260188552427&ssPageName=STRK:MEWN:IT&ih=016

    You'll notice that she says absolutely nothing about damage to the left heel or tip and nothing about stains on the right shoe. Her feedback is 98.4% positive, which I gave her the benefit of the doubt as most of the negative responses was from awhile ago about slow shipping time.

    I'm filing with PayPal right now. I'm so irked about this. I would have rather have bought the CL Decollete Zeppas in 38.5 that were listed a couple of months ago with a .5 inch of silver metal showing as at least that seller pointed it out in the text and even took a close up picture of the spot. That seller had even admitted that she took some shoe polish to try and cover it up a little, etc. but at least she was honest about that tiny flaw.

    UPDATE: I just escalated it to a claim. I put in it that I'm willing to send real photos to PayPal so they can compare it with the auction listing photos. I also included the text from the auction listing as it says zilch about any damage to the shoes. I'm photographing the shoes tonight to have just on hand. I'm done with trying to communicate with this seller. "i am always try to make all my buyers happy" my ass!
     
  14. Report to Ebay/Paypal that item is not as described and be prepared to take pictures and show proof. It may take like a couple weeks to resolve.
     
  15. Good for you, I think that you did the right thing by filing a claim. I do not see any damage in the pictures (to the heel) and she did not mention it in her listing, therefore I think that you are in the right here. Good luck!