WWYD? Item of clothing not size advertised.

[LynetteScavo]

Bought a suit for DSs prom....advertised as 34R, but it's 34S.

I think it was probably a genuine mistake, as it's a "slimfit" suit.

Listing says not returns, and TBH, I'd rather just eBay it myself in the hope of getting money back.

It's a really lovely suit, and don't want to be arsey.

Not sure what to do...I was thinking of massaging seller to let them know it's arrived, but it's not as advertised, so I won't be leaving feedback, or to leave neutral feedback.

Are you confident you'd get your monkey back on it? If it was me I'd open a not as described dispute.

Under Sale of Goods Act 1979, all items sold must be "as described", this includes second hand goods. A no refunds policy has no bearing against your legal rights under this act. Even if the seller made a genuine mistake, they are in breech of their sales contract with you.

eBay policy trumps any seller's individual returns policy. You are entitled to a refund if the item is 'significantly not as described'. You will have to pay return postage by a tracked means though.

Should I request a return?

Do you send it back before the money is repaid?

What does the suit label say? If it says 34r, then they have advertised correctly. If not, then they haven't.

It doesn't matter if the label says 34R, if you can legitimately argue that it doesn't measure the standard 34R sizes for a specific brand. The label may be incorrect or the suit altered. The purchase was made on an item described as 34R

The label says 34S. (The listing title says 34R)

On the other side there is a label saying "slimfit".

The arms are so short, I'm wondering if DS is actually a long, so it may well not have fitted anyway...I always knew I was taking a chance buying a suit that hadn't been tried on, and really don't want to be an arse about it.

It's not being arsey if the listing was factually incorrect! Why don't you message the seller to say it's has arrived but unfortunately doesn't fit because it's an S not an R and put the ball in their court. I suspect the resale on a S will be much less than an R, so don't assume you can resell to recoup your money

The item has been misdescribed in the listing. If the seller doesn't play ball after a polite message, open a case and you will get a pre paid label to return the item for a full refund.

Sorry, that's if you want to return it, that is. If not then I just wouldn't leave feedback. Sounds like an honest mistake.

Writing 'no returns' in a listing is meaningless as eBay will just force a seller to accept a return if the buyer requests one.

I would simply email the seller appologise and point out the mistake and ask to return, if they refuse open a not as described case.
Post it back recorded/signed for, give eBay the tracking number and as soon as it has been signed for eBay will issue the refund.

if the seller states no returns then they are incorrect - so you can ignore that. Of course you should open a return, and you should get a prepaid label to return too.

And don't go apologising to the seller - this isn't exactly your fault is it.

OK, have requested a refund.