Item Not as Described Fiasco

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  1. I bought what I thought were black kid leather single sole Simple pumps. Seller didn't describe the shoes well and used a stock photo of the Simple pumps, but sent me the New Simple--the same Louboutin pump with a platform. I opened a claim via eBay, but the seller is refusing to admit she did anything wrong claiming I didn't look at the photos carefully enough. She offered a $25 refund, which I declined ... So now I don't know what happens.

    Does anyone have any advice on the eBay return policy since eBay split with PayPal? I just remember when you opened a case on PayPal things were easy as a buyer if a seller did something like this.

    TIA!!! :flower:
     
  2. I assume the claim you opened with ebay was "not as described." If that was the case, then you have to wait a certain number of days before you are allowed to escalate to give the seller time to appease you. She can't offer you another partial refund but she can accept the return or offer an exchange. Since it was not as described, she would have pay shipping both ways and you would get a full refund. If she doesn't agree to take the shoes back, you can escalate when the time comes. Then ebay will make a decision. Make sure that everything is documented in the resolution center. It isn't enough if you discussed it in ebay messages outside of the case. Explain clearly that the picture in the listing showed a different style than the shoe you received. Assume the ebay rep doesn't know anything about the brand.

    Don't open up a Paypal claim. If you do, your ebay claim will close automatically. I think it is easier to prove SNAD in ebay than Paypal. If they decide in your favor, they will give you a prepaid return label.
     
  3. That's the danger of using stock pictures. Not only is the seller infringing on another person's/company's intellectual property but the buyer doesn't know whether what she sees is what she'll get.

    This is an easy SNAD win (or should be). In your claim, show side by side images of the listing picture vs. a picture of what you received.

    If for some reason, you don't win SNAD through ebay, then you can file through Paypal. (That's one of the benefits that the split between the two companies lets you do.)
     
  4. No worries. They are completely different styles of shoe. You should easily win a SNAD through either entity as long as you explain this clearly in the case notes.
     
  5. Thanks a ton. I hadn't thought to upload a photo of the shoe she sent. Great call
     
  6. Wow, how easy would this have been for her to avoid?

    I just saw a phillip lim bag described as the medium (no actual written measurements/description, instead a picture of a barney's printout w/the medium specs), but it clearly was the mini version.

    An extra 5 minutes of effort to accurately depict the item would prevent the headache of a return/unhappy buyer in both cases. I don't understand some sellers, even inexperienced ones.
     
  7. Somehow eBay denied my claim without an explanation although I uploaded photos and explained the issue clearly! Now what?
     
  8. CALL Ebay tomorrow and speak with a CS and appeal the denial and explain what was sent to you and ask them to look at the photos while you are on the phone. It's suggested that whenever you upload photos you then call CS and get them to look at the photos while you are on the phone.

    Don't forget to ask for the CS number and keep it somewhere - if something goes wrong down the line you can refer to that for them to see what the CS said and did for you.

    If you get an upheld CS then hang up and call back again.

    Did you perchance fund your Pay Pal payment with a credit card? You still have the option to file with Pay Pal and/or do a chargeback to recover your funds.

    Man the inconsistency at Ebay is awful!
     
  9. Go to Paypal. One of the good things about the ebay/paypal separation is that if one dispute doesn't end favorably, you can now file disputes in both places.

    Did you happen to pay for the purchase funded with a c.c.? A c.c. dispute is final option.
     
  10. Luckily I paid with a cc via PayPal BUT I have awesome news!! I called CS to explain, and thankfully I took the advice from members here and had uploaded photos. My appeal was granted and eBay issued me a full refund. They told me I could send the shoes back or donate them to charity.

    So I have one question: do they take back the money from the seller or was this from their own pocket?
     
  11. Nope, the seller got to keep the money. Ebay refunded from their own coffers.

    While you certainly deserved to be made whole, I hate when ebay doesn't punish the seller for wrongdoing. It rewards and encourages sellers who don't show their own pictures of the actual items they're selling.

    Hopefully when ebay gives a courtesy refund, they also ding the seller's account that was the reason for the refund. Maybe enough of the dings and the seller will be suspended.