Item not as decribed.

[Nursie999]

I bought this item on the 27th September.
Cardigan

Described as new and unworn.
I hadn't received it by the 8th Oct, so emailed seller to see when it was posted.

She replied saying it had been posted and she would chase up proof of purchase.
Then, received this email:
I am so sorry, I checked receipts and found your item not there. I mistakenly have not posted yet(somehow got mixed with batch posting this week). Will post tomorrow - pls. allow a few days as we are now in Spain - I think 1st class is 2/3 days.

So far not too bad. These things happen.

Cardigan arrived on the 13th. And it is definitely not as described.
The pictures are not very good quality, all I can see is cardigan is a bit wrinkled. Also has label on photo.
Cardigan is actually also signficantly bobbled, has food stains on it and has clearly been worn.
I emailed seller and said I wasnt happy, would return but wanted a refund including postage.

Seller replied:
I am sorry you are disappointed with cardigan. I will obviously refund. I am currently on holiday in Spain so cannot receive return parcel - is it possible to return next week. I would like to point out that I tated this cardigan was without labels - I also stated that I had to hotograph th identical grey one because black is so difficult.
This was purchased at Debenhams, Wimnledon. Gerry Weber Department(sale) and has never been worn. I am sure of his as I am size 22 and bought it for my daughter who considered it "too old for her".
I will give you return address as soon as possible.

I replied that there was no way that cardigan hadn't been worn, was very disappointed blah blah blah.

Today is the 19th, and there has been no communication from the seller since.

Should I contact them again for address, or go through ebay/paypal?

I don't want to be a pest as she told me she was away, but I don't want to lose out either.

open not as described dispute and take it from there - wonder if she is stalling.

either way she lied about the condition and gave photos of the wrong item

eBay will give you address to return, but you will need proof of delivery, ie a signature

I would contact her to ask for return details and then in a day or two open paypal dispute

Ok, didn't want to be unreasonable.
Will ask for address and give her 24 hrs to reply.

In this instance I wouldn't be waiting any longer - you need to open a case and state your dissatisfaction to Ebay asap.
The photos are a mix of two items it seems so therefore it's not accurately described.
Providing you return the item tracked you will receive a refund. I too think the seller is stalling. Their feedback shows that they have pulled a similar stunt before and their response isn't exactly customer friendly. The price paid is irrelevant the item should be as described.
As for the "black items are hard to photograph" comment - well that's just hilarious. Don't take any more excuses and use the resolution centre to sort it out.

Definitely open a SNAD.

You will need to send it back tracked, but don't worry about signature, as buyers only need to show attempted delivery to get a refund (to stop sellers shirking their responsibilities by refusing to sign).

I wonder (like Fergoose) if they are stalling, so that you run out of time to open a dispute.

It's worth bearing in mind that you opening a dispute, and eBay finding in our favour, will be a mark on their account.

Looking at their DSRs then I think their selling days could be numbered anyway.

I'm also puzzled as to how they posted it from Spain?

To be honest you'd probably be best off opening the dispute in PayPal, and escalating it immediately.

I don't get this. She photographed a cardigan with labels on but the cardigan she sent you was a different one? [bangs head on wall]

It sounds like she's in Spain so she asked the daughter to post the cardigan to you. Daughter has since decided to wear the cardigan and subsequently got it dirty but has stuck the cardigan in the post to you anyway.

I wouldn't be happy given that you paid £21 for this.

Open up an ebay dispute ASAP.

My actual reply to her was this :

"Yes,You did list without labels, but as the photo had one, I assumed it had just fallen off.
However, your description stated :
I AM SORRY PHOTOS ARE NOT VERY CLEAR (THIS CARIGAN IS BLACK, ALTHOUGH LOOKS NEARER GREY IN SOME PHOTOS)

You definitely did not mention that it was a photo of another cardigan.

You also listed as new and unworn, which this cardigan is definitely not!
I have dated photos from yesterday with stains and bobbling clearly visible. I would not wear this without washing, let alone sell on ebay.

I have only once returned an item bought from ebay, (which was damaged) so I am very disappointed."

I sent her this (and have now received the address):
Hello,
It has been a week since I contacted you about returning the cardigan becuase it is not as described.
Can you give me a return address please.
If I do not hear from you by Friday 21st, 9am, I will open a dispute with ebay.

She also added this to the email:

"Before you return this item could you please reply to my previous email. I explained that the item did not have tags (they grey one was for sake of pics only) in description. Tis item was definately "new without tags", purchased as a present but not wanted."
I had replied with this:

I think I did.
Your description does not mention anything about pictures being " for description only"
Yes you said, "new without tags". BUT, the item is not as described. Its all bobbled, and has dried food stains on it for goodness sakes. It is most definitely not as new.
Your description states looks grey in photos.
Very different thing from "photo of completely different cardgan"

So under ebays rules, I can claim item not as described, because it isn't.
In future, you should list things like bobbling, if it is not clear from the photos.
I will return today, and expect full refund, including postage.

You're right, I'm beginning to think I should open the dispute anyway.

yes you should open a dispute - she will get a black mark as a seller then too. And you will get a full refund that way.

OK, I've now filed a dispute and have 20 days to make a claim if she doesnt sort it out.

Well, I have received the refund.
Dispute closed.
I left negative feedback, which I have never done before, but stated that refund was given. Feel a but mean though.