Advice please - does this item qualify as 'not as described'?

[Biccy99]

Hi guys

I recently bought an Indian dress off eBay for my little girl who is 5. The dress itself is gorgeous, but doesn't fit as the neck hole is so small, it won't go over her head. There are a pair of trousers that go with it that are so long and large that they are clearly not the same size as the dress.

In the description, it says the item is brand new, without tags, approx age 6/7 years.

My girl is tall and thin, normally fits a size 6 to 7 perfectly. Her head is not abnormally large!

My view is that a 5 year old should not have any problem fitting her head into a dress hat is meant for a 6 or 7 year old. And also the size of the trousers is so large that they couldn't be worn by the same child.

As I can't use the item at all I asked the seller for a refund. The seller has offered to refund the purchase price only and said that they will not be responsible for the cost of return postage as it's no returns in the listing. The seller said I should have asked for the exact measurements.

The seller has now also said that their 6 year old daughter has worn it, but the listing description says its brand new. I don't actually think it's been worn, but that the seller has purchased this and had the same problem as me.

Do you think I have a case that this item isn't as described?

[butterflygirl15]

they can't state no returns. Open a case. And I would prob neg them too tbh and leave low stars.

[YeOldeTrout]

I have had this exact problem with Indian clothes for kids, not sure why, but seems common!

If they didn't give collar opening measurements then I would say fair game on Not as Described case for you.

[tigermoth]

In my experience, Ebay is very sympathetic to buyers when they say an item is not the size stated on the listing. I think you will win your case and the seller will then have to refund you the postage cost.

I would talk to ebay customer services first, get the facts straight and then email the seller to explain what will happen if a case is opened. Give the seller a chance to return with a full refund asap.

If you open a case the seller can choose to delay responding to you - the time limits set by ebay for seller/buyer response are pretty generous - and you could wait for weeks before you win the case and get the refund.

[chickenfuckingpox]

does it not have a button neck? can you take it somewhere and have it altered?

i bought my dd an italian dress the sizing was small for definite (good job she was small for her age!)