Item Misrepresented?

legacylvr

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Nov 6, 2011
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I sold some old boots on ebay (sold12/7, paid 12/8 rec'd 12/11) that no longer fit me. I stated in the listing that fact, as well that they they had been in (climate controlled) storage, that all storage items were being sold as-is and to ask any questions, request more pictures before bidding as all sales are final. The buyer emailed me YESTERDAY (1/16) to say that when she returned home and tried on the boots (12/17) "the left inside lining was not accurately described because I cannot slide my foot in this boot without the lining ending up all over my sock as it's so worn down that it prevents my foot from freely sliding into the boot so I can wear it."

Note: There was a tear at the top of the lining which can been seen in the pics, (and it's clear in the picture that the lining has never been scrunched up, it's smooth) but she didn't ask any questions or ask for more pictures and the boots were like that when I last wore them (few years ago) and I didn't have any issues with the lining at all. So I really didn't think it would be issue for the buyer.

She states in her message that once she tried them on the 17th and put them back in the box & hasn't tried them again and feels I misrepresented the item and wants her money back. First off, it's not a lot of money at all and I know the easy way out is to just take them back and give her a refund. But I don't feel I misrepresented the boots at all as when I last could wear them, I had no issues with the lining at all. I think she just doesn't like the boots because of the wear and tear and was hoping they would be GREAT condition boots for a cheap price. And why does it take her a near month to contact me with this issue?
 
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legacylvr

Member
Nov 6, 2011
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Thanks :smile: It's one of those situations where if you're the buyer and you dont' ask the questions your SOL and if your the seller you don't list properly your SOL. Funny thing is, she has had plenty of time to buy other things and leave feedback in the time that she bought these boots, so why take almost a month to respond if you had an issue? If I ever have an issue, I contact the seller within a day or two max!
 
Jun 1, 2012
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Most people do contact the seller same or next day if there is an issue wit an item. But it seems that there are becoming more of these "renters" that don't want to buy the item they want to buy it then use it for what ever they needed it for then return it.
 

BeenBurned

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While the other opinions are probably correct, the problem is that she still has time to file SNAD and you risk losing the case.

Personally, in cases where I think I'd have a chance to win, I'd prefer to save SNAD cases for items that are expensive, i.e., pick your battles.

A ding is a ding on your account, whether for a cheap item or an expensive one. In this case, I'd take them back and refund purchase price only. Shipping in both directions should be at her expense.

I'd send something along the lines of:

Dear buyer,

I'm sorry you aren't happy with the boots. I don't have a return policy and especially after this amount of time, I don't know whether and how frequently they've been worn, but I don't want my buyer to be unhappy with her item. So although it's been over a month since you received the boots, as a goodwill gesture, I'll take the return for a refund of the purchase price only. Shipping in both directions would be at your expense.

In the future, it's important that you examine your purchases on receipt so any problems can be addressed promptly.

Sincerely,
Seller
 

legacylvr

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Nov 6, 2011
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Thx BB- but since I do have a return policy in place (I accept no returns) and I even posted in the listing TWICE to ask any and all questions beforehand, twice that the boots were in storage and willing to send pics upon request?

While the other opinions are probably correct, the problem is that she still has time to file SNAD and you risk losing the case.

Personally, in cases where I think I'd have a chance to win, I'd prefer to save SNAD cases for items that are expensive, i.e., pick your battles.

A ding is a ding on your account, whether for a cheap item or an expensive one. In this case, I'd take them back and refund purchase price only. Shipping in both directions should be at her expense.

I'd send something along the lines of:

Dear buyer,

I'm sorry you aren't happy with the boots. I don't have a return policy and especially after this amount of time, I don't know whether and how frequently they've been worn, but I don't want my buyer to be unhappy with her item. So although it's been over a month since you received the boots, as a goodwill gesture, I'll take the return for a refund of the purchase price only. Shipping in both directions would be at your expense.

In the future, it's important that you examine your purchases on receipt so any problems can be addressed promptly.

Sincerely,
Seller
 

BeenBurned

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Thx BB- but since I do have a return policy in place (I accept no returns) and I even posted in the listing TWICE to ask any and all questions beforehand, twice that the boots were in storage and willing to send pics upon request?
I understand that stating your 'no return' policy will hold up for random returns. But the fact is that ebay tends to find in favor of buyers for SNAD disputes. (Note that a no-return policy doesn't hold up in SNAD since items are supposed to be "as described.")

When cases are decided against sellers, there's a ding on the account so you need to weigh whether you want a ding on an inexpensive item when a second ding can seriously impinge on your future ability to list.

Believe me, I'm a principle girl and will spend $100 to get back $75 -- not always the smartest thing to do, but if making a point is important to me, I will do it.

I also understand that buyers are supposed to ask questions beforehand but seriously, if you were buying boots, would it cross your mind to ask the seller whether the boots are "sock pullers?" There are certain questions that just don't come to mind about an item and it's impossible to ask them.

Honestly, I suspect (as others do) that she wore the boots and I agree that even if she didn't wear them, she should have tried them on and contacted you sooner.

But the fact remains that ebay is notoriously pro-buyer and should she file SNAD, you might not win it.

I don't know the price of the boots, but let's use $50 as a figure. Isn't it easier to take the boots back, issue a $50 refund and save yourself a "dispute" on your ebay record? Next time you might list and sell a $400 LV wallet and have a buyer dispute its condition. A second dispute will hurt your selling ability to list and sell.

As I said, you need to pick your battles and in this case, I don't think I'd fight it.
 
Apr 15, 2007
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In addition, your buyer may file a chargeback with her credit card..

So I would weight the pros & cons of this & unfair as it might be, probably

would take them back...

Its a no win situation for you....unfortunately
 

legacylvr

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Nov 6, 2011
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So this is what has happened- I know I should just refund, but tell me what y'all think. I can see where my response sounds "defensive" to her, but I was providing facts. Also- she originally states that she tried boots on once, then later says she tried several times. She also admits to seeing the lining in the picture "frayed". I was listing a bunch of items from storage at once so that's why I had as-is, from storage in the listing. On my normal listings i go into more detail about the items and provide several pics.

Seller:
Yes I bought this pair of boots with the auction ending 12/7/2012, and paid in full on 12/8/2012 and they arrived 3 days later on 12/11/2012. I got them when I came home (12/17/2012) on Christmas Leave from Texas to find that the left inside lining was not accurately described because I cannot slide my foot in this boot without the lining ending up all over my sock as it's so worn down that it prevents my foot from freely sliding into the boot so I can wear it.I tried them on that one time and have not attempted to wear them since the 12/17/2012. I placed them back in the box you mailed them to me in. I am wanting my money back for misrepresentation of this item on your part. I would greatly appreciate your cooperation with this matter.

My Response:

I am very sorry you feel the boots were mis-represented in the listing. However, I can assure you they were not. When I last wore the boots before putting them in storage, I had absolutely no issues or problems with the lining slipping or falling down. Since the boots do not fit me anymore, I am unable to try them on or wear them and would have had no idea if there was an issue with the lining sliding down since being in storage. I certainly would NOT have listed them if I thought there would be any issue whatsoever. The boots are listed as good pre-owned condtion, not great or excellent, so it's hard to know if you just didn't like these boots once you received them, they actually sat in the box for a month or you wore them and changed your mind and don't like them like you thought you would? If I ever have an issue with an item I've bought, I contact the seller immediately, so I am not sure why it has taken this long to contact me about this. Given your purchase and feedback history you have had access to Ebay since receiving the boots and ample opportunity to contact me in regards to this, but have not.As stated in the listing, I don't not accept returns. I give you, the buyer, ample notice in the listing that these items are from storage, they are being sold AS-IS and to ask any and all questions prior to bidding as well as asking for additional pictures.Sincerely,


BUYERS CASE:
"I’m contacting as contacting the seller as suggested wasn’t very helpful & she seemed more defensive towards me in her response to a misrepresented item & me wanting my refund. I paid 12/8/12, delivered on Dec 11th, & I got home on leave from Texas Dec 17th. I opened the box to find that the left inner boot lining was more damaged than the seller had initially described. In the listing, the picture only shows the upper stitching is loose. (I put on the right boot, my foot sled freely & I laced it up with no problems.) But my issue is with the left boot, I slid my foot & it stopped due to the left inner lining is more damaged & sheds shavings on my sock that prevent my left foot freely sliding to wear this boot. I tried it with different socks but no success with my attempts. I looked more at the inner lining & the upper part that you can in the picture is more damaged as well, the stitching is loose, threads hanging free & only being held by a few threads. The same day I tried to wear the boots with no success; I packaged them back in the box the seller mailed them in to me as I cannot wear the right boot without the left boot. And that’s where they have been sitting since. I did like these boots but after I received them & found the left boot damaged & couldn’t wear the left boot I changed my mind, contacted the seller about this & wanting a full refund. The seller initially had the condition listed as “Women's brown leather Laredo Lace up boots, in good pre-owned condition, size is 6 1/2M. These boots have been re-soled (Vibram), but show wear as I did wear them after they were repaired. The leather on these have lots of life left, still very sturdy. We are cleaning out our storage unit and I can no longer wear these as my feet grew during both of my pregnancies, my loss is your gain.” **the only good pre-owned condition of this boot is the re-soles that were done** I contacted the seller on Jan 16th & explained the left boot inner lining was more damaged & I couldn’t freely slide my left foot to wear it as the lining was shedding shavings & my sock was covered. I also stated I want my money back for a damaged, misrepresented item on her part. The seller replied to me on Jan 17th & apologized if I felt the boots were misrepresented in the listing. I feel she is being defensive & rude with me, and uncooperative in refunding my money. She doesn’t believe I put the boots back in the box she mailed them to me that same day after I tried them on, especially several attempts with the left boot. I don’t what my feedback and purchase history have to do with this issue as she took an ample low with that hit at me. If I need to provide the pictures I have of the left boot I will to show proof."

The buyer wants:
A full refund
 

BeenBurned

Coach, Dooney, Uggs
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You've asked for opinions but I don't think you're going to be happy with mine. I stated several days ago (when you first posted) that I thought you should take the return. It's small potatoes in the big scheme of things.

And now that I've read her dispute, if I were on the "jury," I think the evidence weighs more heavily on her side and I think you'll lose the dispute.

I know it's not what you want to hear but the fact that she's honest enough to admit that there's no problem with the right boot, I tend to think there IS a problem with the lining on the left.

If you have the opportunity to settle this yourself by agreeing to the refund (only return shipping will be at her expense once a dispute is filed), you'll save yourself an account ding. If ebay has to make the decision, your account will be dinged.
 

legacylvr

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Nov 6, 2011
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Oh no worries- I appreciate the response! this is my first issue since starting to sell, so I just want to make sure i have my bases covered- so that's why i posted the convo's. I was very close to doing the refund, but i just wanted to post here to make sure I wasn't missing anything. It helps to have unbiased opinions. Thanks!
 

BeenBurned

Coach, Dooney, Uggs
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My only issue with her side is why she put them back into the box they came in --- then waited a month before contacting you.

That bugs me (as it does you), but her dispute is with the condition of ONE boot and if she'd used them, I would think both boots would have problems.