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Do I have a case for 'not as described'?

(7 Posts)
WeAreEternal Fri 13-May-16 11:43:11

I bought a BNWT dress from a seller, the photos were professional model ones that looked to be taken from a website.

The dress was listed as "Jules black rock dress"
And the description stated the same along with measurements for the length. although the 'brand' section of the auction did not say Jules I assumed since it said Jules in the title and the description that it was a Jules dress.

It has arrived and it is definitely not an Jules dress, it is cheap and the stitching is poor, tbh it looks more like a market stall knock off.
The label and tags both say "black Rock clothing".

tbh I feel that it is 'not as described' but I'm not sure if I would win a case.
Clearly they just used the word Jules in their title and description to ping searches but I feel that is wrong and misleading.
However, they also stated the real brand (black rock) so is is not as described?

What do you think?

nauticant Fri 13-May-16 11:48:40

To be honest, a buyer can open and win an item not as described case in nearly all circumstances. You should win without any problem.

The only issue you might face is having to pay to return the item. But even with this you should tell the seller that they need to provide a pre-paid label for return or if they refuse you should contact ebay (who are surprisingly helpful).

Whatever you do, make sure the item is returned via a tracked delivery service.

summerwinterton Fri 13-May-16 12:29:30

Of course you would, keyword spamming is misleading you into thinking it is a genuine item. You should get postage costs to return it too.

19lottie82 Fri 13-May-16 17:29:03

Yes, open a case with eBay and you should get a pre paid label to return the dress. If you don't contact eBay and request one.

WeAreEternal Sat 14-May-16 13:03:16

Thank you.

I contacted the seller they claim that the dress is from Jules but it's not a Jules dress. I told them how I felt the auction misrepresented the dress and they were fairly defensive and said its not their fault that I make assumptions.
I was polite and factual and tried to play the 'I think there has been a mistake' card which I think went in my favour because they eventually said that if I really wasn't happy with it I could return it.

I opened a return request with the not as described/damaged option so I'm just waiting for them to accept that and hopefully I will be able to get them to pay the return postage.

Another thing I realised is they sent is second class (two standard stamps) so the postage will only have cost them a pound or so, the auction stated first class recorded and I was charged £5.
I will definitely be sending it back recorded just incase in 'goes missing' otherwise.

summerwinterton Sat 14-May-16 15:32:54

You will get a label to return it - and yes, it has to be tracked with online proof of delivery or you won't get a refund. You can escalate the case if the seller doesn't co-operate. And you will get a full refund of what you paid out initially too. I hope you leave low stars for their extortionate postage costs too.

sherbetpips Mon 16-May-16 20:26:24

Do s it say Jules or Joules?

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