When is a handbag considered misrepresented?

suzysbags

Member
Mar 22, 2009
50
0
I just purchased a Maxx handbag off Ebay and it reeks of cigarette smoke. I'm a non smoker and the smell is so strong I can't open the bag in the house. Also she listed the bag as leather when it says on the tag 100% PVC.

She does not offer a refund but, just the fact that she claimed the bag was leather in the title, I have grounds for a return. But my question is this, had the bag been leather, could I claim she misrepresented the bag when there was no mention of the offensive smell? I guess I could have asked her before bidding, but I think it should be disclosed if it reeks of cigarette smoke. :yucky:

Just wanted your thoughts on this subject.
 

Ellie Mae

Peace B with U
May 24, 2008
10,677
3
Definitely misrepresented when seller says leather and tag says PVC. I have also seen many instances here on ebay forum in which buyers filed SNAD against sellers who did NOT disclose odors.
If you paid via PP, you can file a SNAD dispute for misrepresentation that bag was leather, when indeed it is PVC. You can also add that the bag reeks of cigarette smell, but IMO, the misrepresentation of the bag material is a more "concrete claim".
You can also message the seller and request return/refund, based on BOTH above reasons, and try to work this out w/out filing a dispute, if you so choose. Just be sure that ALL correspondence is done via the ebay messaging system, as sometimes sellers will make agreements and then do not follow thru.
Keep us posted on what's going on, plz....
 

L4F4

BITE ME
Apr 4, 2009
526
0
I think you have a legitimate claim because it was sold not as described for both of the reasons you mentioned. If the seller refuses to accept a refund then she leaves you no choice but to open a dispute that you will probably win.
 
Feb 2, 2009
1,291
69
Haha the seller probably didn't notice the cigarette smell because she smokes herself! :amuse:

But the bag was definitely misrepresented if she didn't mention it was PVC, but leather instead.
 
Apr 15, 2007
63,313
7,030
You have a very valid point as well as a claim. Your seller did misrepresent

the description of the bag hands down. The fact that it smells from smoke

isn't nice either. You should open a claim, keep all e-mails and follow paypal's

instructions to send this item back. I also would take a pic, and send it back

with signature confirmation as well.
 

oh reverie

♪ ♫ ♪
Jan 18, 2009
488
0
I think that not mentioning the smoke smell is inaccurately describing the item, as it is a physical aspect of the bag. You may just be able to file a SNAD for that. But that's just IMO. :amuse:
 

suzysbags

Member
Mar 22, 2009
50
0
I'm so happy to announce that the seller decided to refund the full amount of the transaction and asked me to donate the bag. I guess if you are a heavy smoker, you don't realize that your handbag has a strong smell.

But I am throwing this out for discussion, if your handbags smells of smoke and you don't disclose it in the description on Ebay, would that be considered misrepresentation?

I personally have cats. Should I worry that someone would be allergic to a handbag if it came from a pet friendly household of 2 cats? If it's a leather handbag, it comes from a cow which is an animal. But if someone is allergic to cats, could they get a reaction from a handbag that came from a household with cats? Even if the cats don't have a direct contact with the handbags?

Please give me your input. Thank you everyone on the PF for your support and advice.
 

shinymagpie

vintage bag lady
Mar 29, 2008
2,991
29
I'm so happy to announce that the seller decided to refund the full amount of the transaction and asked me to donate the bag. I guess if you are a heavy smoker, you don't realize that your handbag has a strong smell.

But I am throwing this out for discussion, if your handbags smells of smoke and you don't disclose it in the description on Ebay, would that be considered misrepresentation?

I personally have cats. Should I worry that someone would be allergic to a handbag if it came from a pet friendly household of 2 cats? If it's a leather handbag, it comes from a cow which is an animal. But if someone is allergic to cats, could they get a reaction from a handbag that came from a household with cats? Even if the cats don't have a direct contact with the handbags?

Please give me your input. Thank you everyone on the PF for your support and advice.
There's a thread somewhere on this. The point with cats is saliva. Their phermones last for months. If you handle the cat, which has washed itself with its tongue (of course) then touch any item, or put it on furniture, or put it on something the cat has licked or lain on, then the pheramones can transfer. My friends eyes used to swell up every time she walked in the door of my house. Even if the cat was nowhere in sight and I had vaccumed the daylights out of the house. It's not psychosematic. You can't fake swollen eyes. This is why I read up on this stuff, watching my friend everytime she walked in the door.
 

suzysbags

Member
Mar 22, 2009
50
0
There's a thread somewhere on this. The point with cats is saliva. Their phermones last for months. If you handle the cat, which has washed itself with its tongue (of course) then touch any item, or put it on furniture, or put it on something the cat has licked or lain on, then the pheramones can transfer. My friends eyes used to swell up every time she walked in the door of my house. Even if the cat was nowhere in sight and I had vaccumed the daylights out of the house. It's not psychosematic. You can't fake swollen eyes. This is why I read up on this stuff, watching my friend everytime she walked in the door.
I understand a house maybe full of pheramones if you have cats, but can the limited exposure to pheramones on a handbag give someone the same allergic reaction as walking into a household of cats?
 

shinymagpie

vintage bag lady
Mar 29, 2008
2,991
29
I understand a house maybe full of pheramones if you have cats, but can the limited exposure to pheramones on a handbag give someone the same allergic reaction as walking into a household of cats?
Depends if you touched the handbag after touching something the cat was on. You could just declare it I guess if you have lots of cats. The chances of cat exposure are much higher.

By the way, off topic, as you are a cat lover, take a look at youtube for mask maru and you will find a hysterically funny home video from Japan about a cat which wanders around with a paper bag over it's head. All the cat's idea too...
 

VelaLV

LV/Coach Collector
O.G.
Apr 6, 2008
94
12
I am allergic to cats. Of course, I love them but I can't be in the vicinity of anything that has had a cat around it especially in an enclosed environment. Everyone's level of tolerance is different.
 

shinymagpie

vintage bag lady
Mar 29, 2008
2,991
29
I love the descriptions which say they have cats but the cats don't use the whatever it is.
That's true that the cats don't usually use the whatever it is, but if you read my earlier comment and also VelaLV's post, you will see why the point has been made. It's the saliva from the cats which lasts for months. No the cats probably don't lick the whatever it is either you would hope... but they do wash themselves and people handle them. Hence the problem. Anyone who does use this line is very aware of allergies. I think that if it were a big issue to me, I would email the seller asking if there are cats or aardvarks or whatever the allergen is in the house. Sorry if I misinterpreted your comment. I had lovely images of cat's slinging their Hermes bags over their furry shoulders.
 
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