Not happy with item OR seller's offer - AIBU?

[frazzledgirl]

Bought a Gap dress on eBay. Described as size 10, New.

When it arrived, label says 6 (although I can just get into it so this may be wrong) but the label's old-style and it really doesn't look new at all.

Pointed this out to seller, who says it fitted her mum who's a size 10, and that she's had the dress a long while although it hasn't been worn so is new.

Offered to refund if I post.

Thing is, dress only cost £3 but postage a whopping £5 (about twice as much as it actually cost). Would have been OK if I'd liked the dress, but to pay about £7 to NOT buy something that wasn't really as described isn't on, IMO.

AIBU? If not, what could I reasonably ask?

TIA

The size 6 may be US6 which is a UK 10 so you might not have a case to argue there.

Not sure where you stand on the "new" thing though?

It does say UK6, which is weird - think it's a mistake (which suggests it was a second and she's being a bit misleading saying it was expensive ).

You're entitled to the £3 and the £5 back, but would have to cover your return postage, which should be recorded, but you could do 2nd class recorded to keep the cost as low as possible. It all depends whether you think you'll wear it really....

These days Gap clothes all show both US and UK sizes (and various others too) so it does sound quite old. It's true that US 6 is UK 10.

If it clearly says a UK 6 then you could argue that shes not listed it correctly and that the item is not as listed ie. it is not size 10 (regardless of whether or not it fits a 10 it is in fact a UK6).

In that case she should refund the costs incl P&P surely?

In her shoes I would have listed that it states UK6 on the label but fits up to a UK10 if I had felt that the label was wrong.

Would be happy to cover postage back, as long as mine's refunded - is there something official I can show her which says she should refund postage?

I wouldn't wear it, no. Quite apart from the condition, it's too tight at the top and very unflattering. The latter is my problem, of course, but the reason I buy Gap on eBay is the sizing's so consistent, which is another argument for it's being old.

I have never left neg feedback and really don't want to start now. She's only got about four so far, so a bad one would reeeeaaallly mess up her rating - hopefully that will persuade her...

I can't find where it says about p&p in the ebay help files, but if you open a paypal dispute as the item is "not as described" then if they find in your favour you will get a refund including original p&p. If she's not offering to refund p&p you could point this out to her and say you would prefer to resolve it amicably without opening a paypal dispute.

You need to put your case carefully though - the description "new" means unworn and in shop bought condition, so the fact it's a few seasons out of date is irrelevant. However if you feel it's not in new condition then that is relevant.

I've opened a paypal dispute before for an item that didn't arrive and it was very easy.

A good seller would offer the P&P, but if you took it to a dispute, paypal would make you pay return postage. So unless she offers out of the goodness of her selling heart, you will have to fork over the postage. But then, you could put all of her stars really low and neg her if you wanted.

I have messaged back to say I'll pay return postage if she refunds my original purchase price and postage.

We shall see.

The condition isn't damaged, but the label looks to me as if it's been washed, and the fabric is that shiny sateen stretch cotton that starts looks dusty as it ages if you know what I mean? To me, that's not new but maybe would be acceptable under the strict terms of the description?

Thanks for all the advice, BTW.