eBay problems....

MissGee

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So I bought a saddle cloth for a christmas pressie for my OH.

Brand new from an eBay shop. Vertigo, so not particularly cheap.

GP Full size and it's too small to go under his exselle 17" GP saddle...

Seller is saying I can only have a refund if it's still brand new, unused and in original packaging.

Well I never thought for one second it wouldn't be big enough as it's not like it was going under an unusual saddle, so I threw away the packaging. However, it's only been tried on so I would say it's still in unused/new condition.

What's your thoughts.... should I be arguing for a full refund or is it just not worth it...

Bit gutted as I specifically bought it to match his Vertigo show jacket :(
 

dianchi

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I would just re-sell yourself elsewhere, I doubt given the refund requirements that ebay will find in your favour im afraid
 

SadKen

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Would the packaging have allowed you to see if it fitted under the saddle? And was the returns policy clearly stated on the ad?

If either applies, I think you'll be out of luck. However, don't despair, I'm sure you will be able to resell it very quickly on ebay with only a small drop in price. Just undercut by around a fiver and it'll go!

Edited to say that it's not always worth returning stuff. I had to pay £5 to return two tiny pots of counterfeit makeup as ebay won't let you get a refund unless you provide a tracking number. It'd be a lot more than that recorded delivery for a saddlecloth, which would more than negate the slight loss on reselling. Just something to consider.
 
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Chestnut horse

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If you bought it from a 'shop' on ebay which is classed as a business then you have every right to return it. It's a pity about the original packing but they will have to refund you as long as it is in immaculate condition. Ebay usually comes down on the buyers side....... This is classed as long distance and under current law the seller has to give a refund (there is a time limit to this and I think it is 21 days not sure though)
Good Luck
 
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Janesomerset

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I may be wrong (please check!) but I don't think you would incur any more expense by escalating your case on eBay. If eBay find in your favour (and as Chestnut horse says, they most often find in the buyer's favour), your problem would be sorted, and if they don't, you are no worse off. I opened a case about an item which was sold as blue but turned out to be green, and they sent me a printed postage label to return the item (tracked delivery) and I then got a full refund including the original postage. Good luck!
 

Baileyhoss

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I think you would be wrong to escalate a case against the seller. eBay are notoriously biased against sellers, but it's you that threw away the packaging before checking the fit. If you return it without packaging, The seller can't then resell the product as new so they would lose out and have a strike on their record. Quite unfair I think!
 

Shysmum

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You are entitled to return this as it is not fit for purpose, and you have a certain length of time under Distance Trading laws. They could argue the toss about packaging, but how are you supposed to inspect the goods without opening it ?

If you have disposed of the packaging, you don't have any chance, sorry.
 

luckilotti

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ok, i have an ebay shop..... in our refund policy we have the same, must be returned new, unused in original packaging/tags attached etc or we reserve the right to deduct a restocking fee as we can no longer sell the item on as brand new (amount depends on whats missing/damage etc) HOWEVER - in most cases, a clear bag isnt a massive issue is it!? (assuming that is what the packaging was?). I have never yet deducted anything for a plastic bag being missing as this can be replaced easily if the item has clearly never been used. if tags have been removed then thats different.
It may just be that the seller has sent you a standard reply for the return (as we do), i would contact them and explain that the packaging has been disposed off and ask them to confirm the refund amount, again mention that it hasnt been used etc.
Good luck and hopefully its a 'human' seller who understands real life :)
 

EmmasMummy

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Surely a Full size shoul dfit a 17" saddle??? Its not like you bought a small wondering if it might stretch to fit, if I was buying for a 17" saddle I would have bought full size and fully expected it to fit! extra full woul dbe like 18" and above and pony for like 16/15" and below. So it is understandable you took the tags off.

I would just send it back. Have you checked the tags definately say full size? If it was cheap, is there the possibility its a seconds, and so it is really a pony but with the wrong label in?
 

missmatch

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Under DSR's - Distance Selling Regulations - It is illegal to have a restocking fee. Buying on a bin from an ebay shop gives you exactly the same rights as buying from a real live shop. Op you have 7 working days to return under dsr's, this must be by durable means, an email will do. Failing that you can open a Paypal case for snad. You bought something which is significantly not as described, no matter what way you look at it. A saddle cloth described as full should be just that and if its not then its not as described. You will have to send it back tracked. Upload your tracking details into the Paypal case and you will be refunded every penny it cost originally inc the initial p&p. You will not get the money it costs to send back.
If anyone is in doubt then hear is the govguide to dsr's: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
 

Batgirl

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I think you would be wrong to escalate a case against the seller. eBay are notoriously biased against sellers, but it's you that threw away the packaging before checking the fit. If you return it without packaging, The seller can't then resell the product as new so they would lose out and have a strike on their record. Quite unfair I think!

I agree with this, you have no original packaging the seller cannot sell as BNWT anymore, the fit is not their problem it is yours and you should have kept the packaging. Beign rather unfair to the seller if you ask me.
 

MissGee

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Thanks guys for all your thoughts.

I'm torn....

I'm so so angry with myself for not trying it on before taking it out of the packaging but then to be honest... I've never bought a full size saddle cloth that's not fitted before should I really have thought to do so?!

Think I'll just put it down to experience ;-)
 
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