Ebay seller - is this reasonable?

[Booboos]

I bought a lambswool girth from an ebay seller who seems to specialise in rather expenssive dressage stuff (horse is being funny about girth so trying all sorts of options). The day it arrived it was obvious it was too small as the lambswool added that extra bit to it. I immediately e-mailed asking to exchange for a larger size but seller said that the girth couldn't be in unused condition as I wouldn't have been able to tell it was too small without using it. In fact I had not used it, merely put it on on one side and it was obvious it was too small - it was in pristine condition exactly as it had arrived. Seller was so odd I just said I would like to return for a refund. She refused because I had cut off the tags (still had them and re-attached them with string but apparently I had to re-attach them with the plastic bit). Does it sound reasonable to refuse a refund because tags were not attached?

 

[flyingfeet]

Was this an auction or buy it now?

You have more rights with a buy it now. However if they have acknowledged receipt, you would expect a refund and if you paid with PayPal you will be covered.

 

[Booboos]

It was buy it now from an e-bay shop and I paid with PayPal. I contacted Trading Standards, and will tell you what they said, but was just interested in whether people thought this was a reasonable reason for refusing the refund.

 

[LindaW]

I think it was unreasonable to refuse the exchange, after all you are sending it back before they send a replacement.

A refund, I'd say unreasonable unless they gave measurements, in which case if it is the size they say, then I would be delighted with but wouldn't expect a refund.

 

[brightmount]

Having cut the tags off, that does make a difference, as the seller could not re-sell it with the guarantee that it is new.

Your best bet would probably be to re-sell it on ebay yourself, or sell it to a friend or put an ad somewhere.

 

[flyingfeet]

If it was a buy it now, you can return for any reason and demand the seller refund in full including P&P.

These are eBay rules and if you paid with PayPal they will force the seller to do this.

Tags are irrelevant as long as the item was not used, however if you returned it covered in horse hair etc, then the item is soiled and you have a dispute.

 

[Booboos]

Thanks guys. Trading Standards said that I was entitled to a full refund and did not have to give any reason for the return as it was bought over the internet and I was returning unused and within 14 days. They thought that the excuse about the tags not being attached was "ridiculous" but if the seller insisted I would have to take her to court. In light of this I informed her I would never buy from her again and gave the girth to a friend.

 

[brighteyes]

Did you do a suitably informative feedback

 

[OWLIE185]

A recent court case decided that a consumer could return goods even if it was not with the original packaging materials

So provided it was faulty or not as described you can return the goods.

If the seller refuses to exchange for a larger size then simply take them to the small calims court (you can claim for all your expenses)

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

 

[FinellaGlen]

That is one of the many reasons I don't buy from eBay. It's not easy getting refunds etc from sellers. In my experience PayPal don't want to help in these situations so you're left on your own. The seller was definitely not being reasonable but you don't actually have much comeback as you've found out. Taking her to court wasn't a viable option as well she knew.