Sold as new without tags, but clearly used. Its this common?

[cavalo]

I've received two parcels today, both were women's clothes sold as new with tags and both are clearly not new. Is this common? I paid more than I would have if I'd known they were used. I've sent messages to the sellers showing photos of the marks , thread pulls , bobbling etc. (One is a boden cardigan, the other is a dress that's been worn. on a night out and had something spilled down the front.)

no - it is called fraud :)
if it has been used, then it is not new... so a misdescription.
Describing something as better than it is with the intent of securing more money for it is fraud.

the description 'as new' or 'nearly new' allows more latitude...
new without tags is exactly that - never used, but no longer has tags (e.g. maybe given as a present etc.)

Not happened to me ,but I did receive a fake garment; contacted the seller and explained that I thought the item to be of inferior quality ( you can't legally send fake items back) .
If the seller does not contact you ,you can ask ebay to take up the case or alternatively paypal or credit card company if that was your method of payment.
It's such a bloody cheek to pull a stunt like that.
I hope this is soon resolved.

No, it's just someone chancing their arm.

Open an item not as described case with eBay now.

Really not much point in contacting the buyer first as they don't get a defect anymore when a dispute is opened.

User, that's kind of true........ however you must have proof that the item is fake (letter from manufacturer / official shop) , otherwise, yes, you still have to send it back if you want your money back.

I have found it quite common but that doesn't make it okay.

Some people seem to misunderstand what new without tags actually means. They just think "well, I've hardly worn it so it's like new" rather than literally all that has been done is tags taken off.

The OP has stated that the items were described as new with tags.
19, I didn't tell the seller the item was fake as I would have to take it up with Trading Standards. I just wanted my money back ,which I got.

Op has said both with tags and without tags, op which did the advert say?

"I've received two parcels today, both were women's clothes sold as new with tags and both are clearly not new".

If I buy clothes on ebay, I ask the seller for the product code. It makes it easy to spot a fake as manufactures of fakes often copy a label from another garment. My ( fake) winter dress had a product code that matched a sundress.

Threads title says without

I always assume that no tags = used. Caveat Emptor.

user, yes, I know that. I was just referring to the statement hat you made " you can't send fake items back"...... which isn't quite that simple.

brod there are three categories when listing on eBay, used, new with tags and new without tags. The latter should be just that.

And "caveat emptor" certainly doesn't not apply when trading on eBay! Unless it's a cash on collection item.

Oops, they were described as new without tags, I can only blame predictive text for the "with" tags the second time I wrote it. I'm annoyed as there was an identical used version of one of them at a low auction price, but I thought "no, the Buy It Now one is new, it's worth the extra".
Thanks everyone for your help.

lottie, I get what you are saying about tags, I was just stating my personal view. And I stand by caveat emptor, meaning buyer beware. Why do you think it doesn't apply?

brod caveat emptor definitely does not apply to eBay sales, because a buyer can open a "not as described"case and eBay will almost always enforce a full refund upon the return of the item to the seller.

If you bought something frm someone on gumtree, then yes, but on eBay, definitely not!

sellercentre.ebay.co.uk/ebay-buyer-protection-policy

lottie, I do see what you mean, but as I think is known there are sellers who can't or don't describe or photograph their items in anything but the very vaguest terms, and others who hope to deceive. It really is up to the buyer to decide whether the item is what they hope or believe it is. The system is only as robust as that. Notwithstanding, as you mention, the complaints process, the buyer has to use his or her common sense.

Here's an example of what I mean:
www.ebay.co.uk/itm/Open-Toe-Embroidery-Presser-Foot-FOR-BERNINA-OLD-STYLE-Machines-730-830-801-930-/161672321555?hash=item25a46bda13:g:JbkAAOSwPhdVLIhp
This item is listed at less that half the price a genuine original part would fetch. It is made and sent from China. So far so good, except for the fact that the description leads the unwary to think that it might be genuine because there is no statement anywhere to the contrary or that it is a generic part. I for one would not use a copy part because there are no standards of engineering that it has to comply with. Caveat, dare I say, emptor?

brod I get the point you're trying to make, but at the end of the day, it doesn't matter. A buyer can still open a case and will be refunded, it's as simple as that! Hence why CE does not apply with eBay.

Common sense also, does not apply with ebay disputes...... trust me!

To put it simply, CE does not apply, as eBay offers all buyers a money back guarantee, and common sense does not always apply as to whether or not the buyer should be refunded. eBay are notorious for siding with the buyer.

brodchengretchen, I used to buy clothing in a little shop where they removed the tags at the till and kept them, presumably to keep a check on their stock. I have also bought many things and removed the tags, stupidly before trying on and realising I looked a mess. I have sold them as new without tags and explained in the listing.

I can see your point though as I have had items arrive that were clearly not new, one had a tag tied on that just said 'New' and it reeked of dog and had hairs on it. Feedback can be a very useful tool, read, and also between the lines before you buy.