Item not as described - who pays postage?

[Runningpear]

I bought item of clothing described as new without tags. When I received it, it smelled of sun cream, was stained around bottom and one seam slightly frayed - clearly not new.
I'm going on hols and needed at short notice so I washed (stain came out) and contacted seller. Seller first says they don't accept refunds so I can post back at my own expense and she will return cost of the item only (no postage), I say no way and item is not new. She then says she never said it was new, I referred her to the listing and she conceded she made a mistake. She reluctantly says she will refund 1 postage fee.
I don't want the hassle of posting this back and don't trust her tbh to refund. If i open a case will eBay refund me or do I have to post it back and hope she refunds me, whilst losing 1 postage fee?

[19lottie82]

The term "no returns" only applies to non fault returns, so isn't applicable in this case anyway.

Stop communicating with the seller and open a return request, select "there is something wrong with the item" for the reason.

The seller will then have to supply you with a pre paid returns label and accept the return. If they argue or don't respond, simply ask ebay to step in and help once a set time period has passed (7 or 8 days?), you will be provided with the date when you open the case. Then eBay will force the return and provide you with a returns label to send t back for a full refund inc original postage charges.

[19lottie82]

PS if you don't want to send it back, you won't get a refund. You can ask for a partial one as a good will gesture and you get to keep the item, but the seller isn't obliged to issue one.

[Runningpear]

Thank you

[AllToadsLeadToHome]

If the stain has come out why do you want to send it back?

Returned items must be in the same condition as received regardless of how that is. By washing the item you have actually accepted it.

Something to consider for the future. If something is not right, don''t mess with it unless you are keeping it.

[nauticant]

You can ignore this OP:

By washing the item you have actually accepted it.

it's rubbish. On the other had 19lottie82 gives good advice (as ever).

[Runningpear]

I wanted to send it back as it is frayed around the neck seam (still) and not new without tags.
Actually thinking I'm going to keep it as I'm going away soon and the seller was v arsey so can't be bothered with hassle for the sake of £9. I guess it's a lesson learned but v annoying non the less.