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"New" (poss factory 2nds) been used- seller states "no returns" - what do I do?

(25 Posts)
18yearsoftrying Thu 06-Nov-14 06:17:02

Item sold as "New - other" which means it could be factory seconds but description says it hasn't been used.

It very clearly has as I have been in the line of work (which involves using this item) for 20 years and could tell immediately.

Seller stares "No returns"..... How do I proceed please? Paid £80. Would have paid £110 in a shop.

Thankyou.

WeAreEternal Thu 06-Nov-14 06:23:44

It doesn't matter whether the seller states no returns or not, they can't refuse if the item is not as described.

Have you contacted the seller?

I would do that first, hopefully they would be helpful and offer you a refund or replacement.
If not you can open a item not as described case in the resolution centre. eBay will then tell you to return the item (always send it recorded delivery so that you have proof they receive it) then when they have it back you will receive a refund.

18yearsoftrying Thu 06-Nov-14 07:07:04

Thankyou - I have put the 'no returns' statement to the back of my mind & said that in my experience the item has been used & I've asked how they wish to rectify.

I don't like confrontation....

FunkyBoldRibena Thu 06-Nov-14 07:14:11

Open an item not as described dispute, and send it back with proof of posting and you will get your money back. Follow the ebay guidance on this.

Chrissy41 Thu 06-Nov-14 07:59:51

proof of posting is not sufficient, you need online proof of delivery. eBay won't refund unless you give tracking which proof of postage does not provide.

cheerupandhaveaglassofwine Thu 06-Nov-14 08:24:55

If you open an item not as described dispute eBay will quite often send a link for you to print the postage labels with no cost to yourself

if the seller refuses to take back the item, eBay will find in your favour, provide postage and once it is sent and trackable refund you

nauticant Thu 06-Nov-14 10:21:38

Opening a "item not as described" case is your nuclear weapon OP and will get you your money back, at worst case with you paying for return tracked postage (Hermes are cheap for this).

However, do contact the seller first to notify them of the problem and asking for a solution or proposing one yourself. I'd also set a deadline of having this sorted out to your satisfaction by, say, Wednesday otherwise you'll seek to resolve it via ebay processes.

You don't have to be super assertive or pushy. Just say what you want and if you don't get it hand the matter over to ebay through their dispute resolution system.

18yearsoftrying Thu 06-Nov-14 11:12:12

Ok, so I hit the Contact The Seller button & explained it clearly was not new etc & asked for a full refund to which she has accepted.

She is not happy at all that ebay seemed to have changed the process & automatically gone through their message system and that I should have emailed her directly....as such ebay know of her discrepancy. She has suggested I close the case right now in order for it to not affect her rating.

Ebay have not offered to pay for postage but I have had an email telling me it needs to be rectified by a specific date. Is there a way I can instigate them sending a link to pay for the return?

If they don't do this, Chrissy - how do I gain online proof - is this RM?

Nauticant I can be feisty when needed wink

nauticant Thu 06-Nov-14 11:20:37

Do not close the case untill the matter is resolved to your satisfaction. If it's closed now, the buyer might then refuse to help and I think it's impossible to open another one in ebay.

You'll have to contact ebay to sound out the possibility of them paying for a return and that can be a right faff. How much does the item weight roughly?

PigletJohn Thu 06-Nov-14 11:25:00

ha ha, she wants you to close the case!

Don't, obv.

Ask at the post office for "Signed For Tracked Delivery"

They will print a tracking number on your receipt. Don't lose it.

Chrissy41 Thu 06-Nov-14 11:41:53

send back Hermes or Collect+ - much cheaper and better than RM - and no, do not close the case!

18yearsoftrying Thu 06-Nov-14 12:32:24

Ok this might out me but at 38 wks preg my hormones are raging & I don't care.

Email received just now....

"I have contacted ebay about the issue with the starting of the defect case. They have stated that if you cancel the return request (although of course I will take direct return - this has never been in question) then I can get them to remove the defect. So if possible are you willing to please close the return & we can deal with this directly? Thankyou again for your assistance with this matter".

Should I just ignore the communications for the time being & simply return via a paid trusted tracked option?

GloriousGloria Thu 06-Nov-14 12:53:23

Yes ignore and return tracked ASAP then repel saying you have returned and here is the tracking number.

Do not close the case.

Frankly if she had listed the item correctly then the case wouldn't have been opened. Once she has received the item she should refund and eBay will close the case.
If she doesn't eBay will see that you have returned with tracking and refund you.

Chrissy41 Thu 06-Nov-14 13:17:25

yes ignore - and neg too. Am raging on your behalf - what a lying cheeky sod the seller is!

WhereYouLeftIt Thu 06-Nov-14 14:26:49

If she was that bothered about her rating, she wouldn't have tried to pass off used goods as new. Or try it on with 'no returns'. I would be deeply suspicious of anything this seller claimed - like "of course I will take direct return - this has never been in question". Keep everything official and via eBay - it's your best protection.

18yearsoftrying Thu 06-Nov-14 17:06:28

This is why I LOVE MN!!

Thankyou all so much for your advice!! I appreciate every response & wise word!

18yearsoftrying Fri 07-Nov-14 19:22:06

OMG.

2 emails received today because I didn't reply to her yesterday - basically asking me to confirm that if she refunds, I'll leave positive feedback!!

I have responded (via ebay) by saying I wish to keep things above board & communicate via the site and NOT through personal email & that appropriate feedback will be left.

hmm

WhereYouLeftIt Sat 08-Nov-14 09:44:28

Stay strong!
1. 'No returns' is meaningless, and trying to diddle you out of your consumer rights.
2. She tried to pass off used goods as new.
3. Feedback rating is meant to reflect how you actually trade, so asking for positive feedback on this transaction is asking you to lie. For me, that would make me feel like an accomplice in any of her future attempts to trade fraudulently, as my positive would add to the pre-trade reassurance to her future customers.

Your response was spot-on.

glammanana Wed 12-Nov-14 11:29:18

Do keep us up-dated 18years would love to hear you have a fab outcome on this.This person is certainly giving sellers a bad name in my humble opinion. glamma x

18yearsoftrying Wed 12-Nov-14 14:23:26

I emailed saying it sounds as though she is concerned about the feedback that may be left.....& guess what!?

That seems to have stopped her constant communications! Silence!

Am awaiting a shitty email any day now. I will let you know what happens....

18yearsoftrying Thu 13-Nov-14 18:55:45

2 emails received today confirming that she has fully refunded but that she wishes I would confirm I won't open a case or leave neg feedback.

I have replied by saying that as of yet the funds haven't cleared and when they do I will be stating the item had to be returned and was refunded without question.

Am I right in thinking with Paypal the refund can be reversed/the payer can request for the money to be returned before it has cleared? There was a thread on here a while ago about it.

Chrissy41 Thu 13-Nov-14 19:07:17

no a refund can't be reversed. Is it clearing and not available yet?

fairisledog Sun 23-Nov-14 15:13:08

Did you get this resolved satisfactorily ?

18yearsoftrying Thu 11-Dec-14 04:21:28

Sorry for the delay in replying - it is currently stupid o'clock & I have a 3 week young baby attached to my boob!

All sorted with big thanks to you all. Refund (incl postage) returned & cleared so I left appropriate feedback. No feedback left for me though.

I have however noticed since that she is now trying to sell it again...with the same description. I do wish at times like this that ebay would go back to how it used to be - it used to show the full nickname of all bidders. I would love to contact them to suggest they may wish to retract their bids.

WeeFreeKings Thu 18-Dec-14 21:30:49

Might be too late now but you can report a listing if there's something you know to be wrong about it. Congrats on the baby!

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