Seller not accepeting returns...

[olimpia]

Even though she said she would in the listing, under returns policy.
I bought a dress and it's too small. I wouldn't have bought it had it been no returns. I contacted her and she says she doesn't accept returns unless the item is faulty or misrepresented. That's not what her listing said though!
What do I do?
TIA

Is it not the size she advertised it at? if the size is wrong then she should except it back but if it just doesn't fit then thats not her fault. How much money are we talking about?

I don't know if the wording on the listing makes any difference but even if you buy from a shop you don't have a right to a refund just because the item doesn't fit.

Can't you just sell it on?

The size was the one advertised but she said it was a generous 12 which I think not.
It was £49 buy it now + £4.50 postage. I know that there's no automatic right of refund even with commercial sellers but if someone says they accept returns surely they must honour their promise especially if you rely on it to buy something?
Yes I could sell it on but would rather have my money back.
AIBU here

Is it a shop or an individual? I thought if a shop they had to accept returns

open a dispute.

She's a private seller, not a business

Can you tell us exactly what the wording was in the returns part of the listing?
If there are no specifics such as "Returns only accepted if faulty" then yes the seller should allow you to return it for a full refund.

You will probably be best opening a Not as described case and requesting a refund that way. If it was described as "a generous size 12" but isn't then that is a mis-description. It might also be worth pointing out in your case that the listing did state that the item could be returned.
I'd be wary of just opening a general "return item" case because if the seller rejects it then I don't think you can open a second case for the same item.

Private sellers, unlike business sellers do not have to accept returns but if the listing says they do then they should honour that. I don't think you are being unreasonable at all - you are quite within your rights if you bought something believing a return would be possible if it didn't fit and now you are told that it's not.

You can't open a not as descrided case because if it says size 12 and it is a size 12 then you have not case.

It doesn't matter that she said it was generous that just means it is generous on her. Surely you knew that. You should have asked for measurments.

I accept returns but not if the item doesn't fit.

It isn't the sellers fault its yours.

Hmmm tea seems like whatever I post on MN I get some sort of hostile reaction every time :(
80sbabe it simply said "returns accepted* under returns policy.

olimpia
Item not as described can in reality cover any eventuality or reason a buyer can think of.
If you think it's not as described then open a case and when prompted by Ebay just say you'd like to return for a refund.
Again I would state that the seller listed the item as "returns accepted" .

I just think that bearing in mind the circumstances of the seller stating they accept returns and then reneging on the agreement that your only option to get your money back would be via the not as described route.

If you want to confirm this you could always ring Ebay customer services.

Essentially though it does not matter what a seller puts regarding returns - if a customer wants to return an item then Ebay will allow that to happen and sellers don't do themselves any favours by refusing.

AFAIK buy it now items are covered by the distance selling regs so you should be able to return for a refund within 7 days. would need to return by a trackable method at your own expense though.

ebay info

I would open a not as described dispute. if it is labelled and sold as a size and it is not that size in reality then it is mis-described and eBay will make the seller refund you.

You will need to return via trackable means. I think your seller is being deliberately obstuctive.

Thanks all! I've rang customer service and they've advised me like you have to open a "not as described" dispute. They said that if I can't reach an agreement with seller after 8 days then EBay would refund me. I've been exchanging messages with the seller all day and she keeps refusing to take it back so I guess I'll have to wait another 8 days to escalate and will DEFINITELY leave negative feedback because she's had plenty of opportunities and been very inflexible. I wrote that the return postage costs would be on me and I understood that she would not refund the postage I paid to get the dress, but she still refused.
The distance selling regs don't apply to private sellers interestingly enough.
80sbabe so is it always the case that EBay will allow returns even if the seller refuses? Even if they say they don't take returns on the listing?

no she has to give you all your money back item cost & p&p, you just have to pay the return postage costs, but a good seller would give you those.

eBay will always side on the buyer in a case like this in my experience

olimpia - yes as fergoose has also confirmed Ebay will side with the buyer in an item not as described case even if the seller has put "no returns".

Also as fergoose has advised you the whole of the original amount you paid will be refunded.
The seller cannot be forced to also refund your return postage costs but any decent seller would do so.

Please make sure that you return it using a method that gives you a signature upon delivery and a tracking reference you can quote. Don't take the risk that the seller will claim it hasn't been received back.
Recorded delivery will cost postage + 95p and cover you for items worth up to £46. Special delivery would cover you for up to £2,500 but cost you £5.65 the other alternative is to use a courier service which would probably also cost about £5.

If I were you I would not instigate any further communication with the seller other than opening the case and requesting a refund upon return. Don't get dragged into arguments just respond to any communication by simply requesting a refund.

Good luck with it all just bide your time for it to end and I hope we've helped you.

You've helped lots! Thank you!
Will report back in a few days.

If you paid by paypal, then you can demand a refund.

I'm not saying it is fair, but I sold some boots on Ebay, quite clear on the size. They 'didn't fit'. She demanded a refund. She got it.

So there you go.

I think it is really unfair that a seller has to refund something just because it doesn't fit.

I'm of the thinking that is the risk you take with buying off ebay .

Not every size 12 in every shop is the same so how can sellers be put to blame for this.

I don't see it as an item not as described case at all but hey ho that maybe just me.

I sold a few items on eBay a while ago, all clothing, and I know its no use to you now OP, but I got a few requests fir actual measurements (inside leg, waist band etc.) never had any returns. If I were buying a specific expensive item, I would always ask fir measurements rather than sizing tbh.

Thats what I would do Anita

I think the issue the op has is that she wouldn't have bought the item if the seller hadn't put 'returns accepted' in the listing in the first place.

I have bought plenty of things on eBay that didn't fit or weren't as expected but I usually only pay a couple of pounds for things so just relist it myself.

Tea - what sort of reason would you accept for a return?

I am not a shop so if I sell a garment that clearly says size 12 I wouldn't refund if it didn't fit. However I do state no refunds, even though I would if I was to blame for something.

But I think what the op is objecting to is that the seller did say 'returns accepted' in the listing.

If it was damaged or faulty or wasn't what I said it was.

I state in my listings that I do not accept returns for items that don't fit so please ask questions before hand.

I refund to eBay policy if the item wasn't what it said it was.

The op's item is a size 12 just what it says in the listing.

Personally if it said in the listing a generous 12 then I woukd ask for measurements.

I don't see how it is the sellers fault and has to lose out on fees simply because it doesn't fit. How can the seller possibly know if the item is going to fit a buyer?? The buyer knows their own body. She should have asked for measurements.