to want a full refund from this seller?

[TheSeventhHorcrux]

I have just spent $100 (£67) on some silk flowers from Etsy to use in my shop (I make custom wedding hairpieces)
My order has just arrived and I very excitedly ripped it open only to find the cheapest, nastiest polyester flowers stuck on thick, cheap plastic stems.
I can't use these. Even if I was able to incorporate them with my designs, I wouldn't for fear of the poor quality ruining my business.
The flowers were very specifically listed as "silk" this stated over and over in the shop and on product descriptions.

For those of you not familiar with Etsy, each store writes its own "policies" and this lady's policies state that the refund amount will be reduced by 20% for "restocking fees" and that the postage won't be refunded and I'll have to pay for it to be shipped back.
All of this taken into account - from my original purchase of £67 I will recieve a refund for £26...

AIBU to want a FULL refund of everything as the product was falsely advertised as being quality silk?
(or do I just need a bit of a kick up the arse? )

YANBU

Pretty sure she has to refund all postage as the item wasn't as described. Check with eBay because if its her error I'm sure she has to pay for it all. And YANBU!

Including your return postage I mean!

Sneezing, it isn't Ebay she's selling through

Horcrux, you need to have a look at the Distance Selling Regs. I'm sure it will be covered in that

even if she writes her own rules the seller has to stick to the law. You can't advertise for sale one thing and sell another. This seems to be the situation here. Full refund and postage has to be given. If not ask CAB for help. Also it has to be the case that etsy has a policy that items must be as described or they ban a seller? I don't know this selling platform but it must, for it's own credibility, have such a statement that the seller will have agreed to.

If she's selling polyester as silk, then she is selling something falsely and of course she should refund the whole cost. I have no idea what Etsy are like, but if they are anything like eBay they will support you in a dispute.

Distance selling rules, items not as described. Trading Standards can advise as to best procedure to get full refund.

But are you sure they aren't described as "silk like" or even "faux silk"?

Just took a quick look at Etsy's Terms of Use. They say: "Compliance: You agree to comply with all local laws regarding online conduct and acceptable content."

I'm wondering whether your transaction comes under British trading standards rules, under which you'd definitely be entitled to a full refund. Also there's a bit on Goods not as described that I would think means the seller can't refuse a full 100% refund.

I've had to get refunds from people myself, online and off, and always been successful. One thing to remember is that contracts/terms of sale that remove your basic rights as a consumer cannot be enforced. I think though please check that this is the same in the USA.

So, although they can say that your "refund amount will be reduced by 20% for "restocking fees" and that the postage won't be refunded" the seller is highly unlikely to be able to enforce this as the goods are nothing like the description which, under our consumer regulations, means you're automatically entitled to a full refund of everything you've paid including postage. If you'd changed your mind that'd be different.

Etsy is your best bet. Because it's all about geography: if the seller won't give you a refund and isn't based in the UK you may be legally in the right but your chances of getting money from them are very slim. There's no way to collect it that doesn't cost more than the money owed. Etsy may be able to exert more pressure. I'd start on the site's refund/grievance system asap. Good luck.

Absolutely positive they are described as being silk - I was really careful to check before I bought and then double, triple checked when they arrived and had OH check too in case I had missed a disclaimer or something...

It's from the USA though...not sure about their trading standards - can't be too different though, I'm sure...

Writehand - thank you so much for your detailed reponse! I'm going to check that out now.
I'm waiting to hear back from her at the moment.
I'm astonished because all of her previous feedback (and there is more than 1000 of that) is positive saying how create and good quality the flowers are

I wish you luck with this, and also hope you'll report this seller to Etsy. It's such a lovely concept of a website I'd hate for it to be tarnished with dishonest sellers.

imnotaslimjim whoops! Sorry OP

yy, her rules are above and beyond distance selling regs - she can't overrule distance selling regs or trading standards.
she has to refund in full if they're not as described, or replace them with the correct item.

This is reassuring. Hopefully we can resolve this between us rather than involving Etsy but I will if I have to. The problem is also that I bought it from my shop account so she can react if I leave negative feedback by leaving me negative feedback which again will tarnish my reputation!
I am a silly Horcrux indeed!