Help - Filing Item Not as Described Dispute on Paypal

I am not sure that reeking of cigarette smoke woul be deemed as not as described by paypal , it is horrible but you might lose , its normally only if something is broken or fake that they side with the buyer . It is so hard to get rid of that smell i feel for you .

Thanks for your response. Actually, I was going based on the fact that she already told me she was going to give me a partial refund. I have email proof and everything. She never followed through with her word which is the only reason why I filed a dispute. If she would have said a flat out no I would have negged her on ebay, but now she's no longer registered.
 
If you escalate it and if the seller never responds to the claim you will get an automatic refund in *I think* 10 days and they will also tell you that the bag is yours to do with as you choose. That doesn't seem right to me, but that is exactly what happened to me. If she responds they will have you mail it back to her but if she doesn't you'll get a refund and you can keep the bag. Seems kind of dishonest but that's what happens and that's what Paypal will tell you (unless they've changed their policy). :shrugs:

It is true that if she doesnt respond, she will be at fault and the partial refund you requested will be ruled in your favor, HOWEVER, if she cleared her paypal account out, paypal might not be able to get any money from her account to reward you. If she does use that paypal account again, any money she recieves or is in there for her, will automatically come to you.