Need eBay auction help regarding filing a dispute. UPDATE in post 10!

[Ladyhawke]

I won two auctions for sweaters that were supposed to be, according to eBay's category description: "New without tags: A brand-new, unused, and unworn item." Seller described them even as "New Without Tags." What I received were two sweaters far from NEW. They are obviously used, have been washed and worn a few times.

One sweater is dingy from being washed with darks. And the other sweater, I don't even know what discolored it so badly and unevenly! I have a feeling it was from body oils left on the clothes for so long, and had been unwashed. Anyone seeing them in person would know the discoloration did not happen overnight.

Both sweaters shows wear & tear from being worn & washed. One has a frayed tear in the hem. Obviously not a new tear as the yarn has natural fraying from washing a few times.

The Seller must have doctored & photoshopped the eBay pictures, because colors are so much brighter, and the contrast is so much more between the light and the darks. There was just one picture of each item. No closeups to see actual detailing from wear or the dinginess.

I tried to be nice and ask if perhaps he sent the wrong set of sweaters and still has the new ones, or if he had made a listing mistake. Now, he is trying to use that against me, saying his pictures show they are new or I wouldn't have asked.

He had also put in a description towards the bottom that some of the items he sells "are used and in like new condition in addition to New With Tag and New Without Tag condition." At first, I wondered if he was going to use that as his disclaimer, saying he warned people they might instead get a used item. But, I told him eBay has two different categories, Either an item is New, unworn, OR Used, pre-worn. He can't sell something in describing it as "New Without Tags" when it is really a USED item.

Instead, when I told him I could supply pics of having been washed & pre-worn, in his second email back, he is claiming the sweaters were New, unworn, and that _I_ must have washed them and dinged them up. (Unevenly too, I suppose?)

I'm shocked, because he's a longtime Seller with 100% positive feedback, which was why I was nice to him. Although, now I wonder if the feedback isn't from bullying other people and making the same claims and getting away with it all this time. I guess because I was nice to him in my first correspondence and tried to give him a way out, he thinks he can bully me and I'll roll over. I'm not the roll over type.

I am planning on taking pictures to show the sweaters do have wear & tear on them to show eBay and to file a dispute. I have no problems giving him 2 negative feedbacks if this doesn't get resolved. I don't care what feedback he gives me. Although, isn't the rule now that he can't neg me in retaliation?

I'm surprised he's willing to take the hit to his Seller rating. But, maybe bullying and being passive aggressive in the past has worked for him. Maybe he needs the money so badly he needs to lie about the condition of the items to get a few dollars more? I don't care.

But, how do I fight this claim that he says the items are new, and that I must have washed them? Can he actually win the dispute?

Do I need to file a separate dispute with PayPal?

 

[lovetoscrap]

File the claim with ebay. I have a thread here somewhere where I had a dispute about item not as listed. Within an hour the money was back in my account (of course the seller was online and responding right away). What I found out afterward is that if there is not a whole lot of money involved ebay really doesn't investigate too much. They just refund your money, let the seller keep the money they got and call the whole thing done.

I was a little disappointed because I wanted the seller to lose the money I sent but I think that ebay is now more concerned with just being sure everyone is happy. You will probably get the money back and then you can leave negative feedback for the seller.

 

[SandrA9810]

Well it seems that Ebay will side with the buyer most of the time. i was talking to a lady who ebay's coach bags. She had several photos of the bag up close, and detailed description that it was a new product.
Her buyer must've decided they didn't like the style and after she refused a return. The buyer then scratched and destroyed the bag, took pics of it and disputed with ebay.... Ebay took the buyer's side.
And the lady wound up with a destroyed bag she could not sell again. And not returned in the same condition it was sent in.

 

[Ladyhawke]

File the claim with ebay. I have a thread here somewhere where I had a dispute about item not as listed. Within an hour the money was back in my account (of course the seller was online and responding right away). What I found out afterward is that if there is not a whole lot of money involved ebay really doesn't investigate too much. They just refund your money, let the seller keep the money they got and call the whole thing done.

I was a little disappointed because I wanted the seller to lose the money I sent but I think that ebay is now more concerned with just being sure everyone is happy. You will probably get the money back and then you can leave negative feedback for the seller.

Both auctions together totalled $40 + $10 shipping. $20 for each sweater. I'll have to look for your thread. I read a lot on & off, don't post very often. I knew this place would have people with prior experiences with this sort of thing.

Thanks.

 

[etoiles]

I had this exact same thing happen to me but to a Garfield statue that I got for DH for Christmas which had a piece broken off of it and not in the box so obviously it was broken before being sent.

I ended up getting all of my money for the item and the cost of original shipping back but I had to pay to ship back the item as well which really ticked me off. I didn't feel I should have to pay for shipping the item back since I wouldn't have bought it if it was described accurately. It cost me $12 to ship it back and I left them negative feedback.

Since then I have not used Ebay. I hope that Ebay has improved since then and the seller pays for returning the item!

 

[Pig Pen]

My sister is an ebay seller who is in dispute with a buyer. My sister sold a fancy mixer for $70 but the seller decided she didn't want it and returned it. However, the mixer she returned was NOT the one my sister sold her. The buyer returned a broken, beat-up version of the one my sister sent.

It amazes me what depths people will stoop to.

 

[lovetoscrap]

Both auctions together totalled $40 + $10 shipping. $20 for each sweater. I'll have to look for your thread. I read a lot on & off, don't post very often. I knew this place would have people with prior experiences with this sort of thing.

Thanks.

Here is the thread: http://www.disboards.com/showthread.php?t=2581135

You can see that I was posting "in real time" as the dispute was filed and resolved. Nothing was said about me returning the item so I still have a pitiful backpack purse with no straps.

I do think that ebay is more on the buyers side. Good for us buyers, often bad for the sellers. I think that they are realizing that both sides are getting disgusted with the scammers and finding other ways to buy and sell.

 

[Ladyhawke]

Here is the thread: http://www.disboards.com/showthread.php?t=2581135

You can see that I was posting "in real time" as the dispute was filed and resolved. Nothing was said about me returning the item so I still have a pitiful backpack purse with no straps.

I do think that ebay is more on the buyers side. Good for us buyers, often bad for the sellers. I think that they are realizing that both sides are getting disgusted with the scammers and finding other ways to buy and sell.

That's incredible about the backpack!

Do I have to wait till I take pictures of the sweaters, or should I just file? If I can get this wrapped up quickly without the extra trouble, the better.


On the one hand, I am glad to hear eBay is more on the side of Buyers. But, hearing these stories, I feel bad for the Sellers who got ripped off.

BTW, my feedback for 10 years, is 100% positive. Almost all my positive feedbacks left for others usually state, "Item as described." A Seller can look down the page and see I do reward them for being great Sellers by telling other Buyers they are great to buy from.

I hope eBay & my nitwit Seller can see that I've never been out to scam Sellers. Why this Seller wouldn't think my word has some integrity when I will leave his negative feedback is beyond me.

 

[TheBigBadWolf]

That's incredible about the backpack!

Do I have to wait till I take pictures of the sweaters, or should I just file? If I can get this wrapped up quickly without the extra trouble, the better.


On the one hand, I am glad to hear eBay is more on the side of Buyers. But, hearing these stories, I feel bad for the Sellers who got ripped off.

BTW, my feedback for 10 years, is 100% positive. Almost all my positive feedbacks left for others usually state, "Item as described." A Seller can look down the page and see I do reward them for being great Sellers by telling other Buyers they are great to buy from.

I hope eBay & my nitwit Seller can see that I've never been out to scam Sellers. Why this Seller wouldn't think my word has some integrity when I will leave his negative feedback is beyond me.

I would file the dispute now. It's doubtful eBay will ask for pictures. I've had to file disputes a couple of times, and they've never asked me for pictures. You will most likely get a full refund. I would insist if the seller wants the clothes back that he will have to pay the return shipping UP FRONT. I refuse to pay any extra shipping when a seller has tried to rip me off!

 

[Ladyhawke]

UPDATE here from OP:


I got a full refund!!!!!
WOOHOO! Doing a happy dance!


Thank YOU to all of you who helped!

I literally couldn't have done it without your advice, knowledge & support.

I didn't have to send any pictures, although I described in MICRO detail what the (many) pictures would show. That alone probably scared the eBay Resolution people, that I know that much about the difference between a new and a washed several times piece of clothing. They are probably saying, "This gal needs a life!"

As far as I could tell, I DON'T have to return the sweaters either and pay for that. The refunds have already been processed to my PayPal account.

I did offer to send them back at the SELLER's expense. I think that helped my case. I wasn't trying to keep them for free. Off to the Salvation Army the decent one will go. Maybe they can try Oxyclean on it. The other is being tossed. Someone will end up with one nice used sweater for the new year.

 

[Robinrs]

UPDATE here from OP:


I got a full refund!!!!!
WOOHOO! Doing a happy dance!


Thank YOU to all of you who helped!

I literally couldn't have done it without your advice, knowledge & support.

I didn't have to send any pictures, although I described in MICRO detail what the (many) pictures would show. That alone probably scared the eBay Resolution people, that I know that much about the difference between a new and a washed several times piece of clothing. They are probably saying, "This gal needs a life!"

As far as I could tell, I DON'T have to return the sweaters either and pay for that. I did offer to send them back at the SELLER's expense. I think that helped my case. I wasn't trying to keep them for free. Off to the Salvation Army they will go. Someone will end up with nice used sweaters for the new year.

They will take your word for it even if you had LIED. This is the wonderful things for buyers for sucks for sellers. I had a buyer who ordered a boy's outfit from me then realized that it was the wrong size. She asked me for the other size like I was Macy's . I told her to send it back but instead she lied to Paypal and told them I didn't give her the correct information. After going back and forth with all the info I had (and I PROVED I posted the correct size and she was confused) she STILL got reimbursed and was able to keep the outfit.