WWYD: Ebay Item Listed As NWT Reeks of Cigarette Smoke *UPDATE 8/24*

[LexiC123]

Yesterday, I received in the mail a pair of INC brand cargo shorts that I purchased from Ebay. The shorts were listed as "Perfect, new with tags condition" and the attached tag was visible in the photo, confirming to me that I was, indeed, purchasing an item in new condition.

As soon as I opened the packaging, the smell of cigarette smoke was overwhelming, to the point of making me nauseous. (I'm a non-smoker and have asthma, to boot, so I'm really sensitive to that smell.) It was so bad that I didn't even want to try the shorts on, let alone wear them.

The seller has a no return policy, but also states "contact seller if item is not as described". So, of course, I contacted him and told him that the shorts were definitely not in new condition and that I wanted to return them to him for a full refund.

His response? "With such a strong asthmatic reaction, I would hope you would seek out the many sellers that indicate a smoke/pet free home (which we are not). We do not accept returns but I am sure the problem will resolve itself upon washing. I really appreciate your contact. All my best."

Not the response I was hoping for, obviously.

So now I'm torn about what to do. Being an Ebay seller myself has definitely made me sympathetic to other sellers, probably to a fault. Should I just accept the item and try to wash out the smoke smell, because it was my responsibility to ask if it was from a smoke-free environment?

Or is there an expectation that purchasing an item labeled as "new" means just that...that the item is in the same condition as the INC cargo shorts hanging on the racks at Macy's. And it most definitely means smell-free!

Do I keep the item and spoil his perfect 100% rating by giving him negative feedback? Or do I open a case with Ebay to try and get my money back because the item was not as described?

Part of me doesn't want to make a big deal of it, wants to chalk it up to a lesson learned for the low, low price of $19.99 (plus shipping). But another part of me feels taken advantage of, and that I shouldn't have to accept an item in less-than-new condition.

So...what would you do?

 

[rvchat]

Ugh I can't stand smoke smell on clothing. I'd ask him to take it back. HE should or he will run risk of bad feedback.

Yesterday, I received in the mail a pair of INC brand cargo shorts that I purchased from Ebay. The shorts were listed as "Perfect, new with tags condition" and the attached tag was visible in the photo, confirming to me that I was, indeed, purchasing an item in new condition.

As soon as I opened the packaging, the smell of cigarette smoke was overwhelming, to the point of making me nauseous. (I'm a non-smoker and have asthma, to boot, so I'm really sensitive to that smell.) It was so bad that I didn't even want to try the shorts on, let alone wear them.

The seller has a no return policy, but also states "contact seller if item is not as described". So, of course, I contacted him and told him that the shorts were definitely not in new condition and that I wanted to return them to him for a full refund.

His response? "With such a strong asthmatic reaction, I would hope you would seek out the many sellers that indicate a smoke/pet free home (which we are not). We do not accept returns but I am sure the problem will resolve itself upon washing. I really appreciate your contact. All my best."

Not the response I was hoping for, obviously.

So now I'm torn about what to do. Being an Ebay seller myself has definitely made me sympathetic to other sellers, probably to a fault. Should I just accept the item and try to wash out the smoke smell, because it was my responsibility to ask if it was from a smoke-free environment?

Or is there an expectation that purchasing an item labeled as "new" means just that...that the item is in the same condition as the INC cargo shorts hanging on the racks at Macy's. And it most definitely means smell-free!

Do I keep the item and spoil his perfect 100% rating by giving him negative feedback? Or do I open a case with Ebay to try and get my money back because the item was not as described?

Part of me doesn't want to make a big deal of it, wants to chalk it up to a lesson learned for the low, low price of $19.99 (plus shipping). But another part of me feels taken advantage of, and that I shouldn't have to accept an item in less-than-new condition.

So...what would you do?

 

[ceecee]

Can't you just wash them? I bought a leather purse once and had to febreeze it and hang it outside for a week. From now on I check that I buy from non-smoking homes. Since you didn't, you probably should take responsibility for this one.

 

[ellone]

Open a SNAD (significantly not as described case with ebay). The seller will have a week to respond. If he still won't resolve it to your satisfaction, you then have ebay decide the case. Usually in SNAD cases, they find in favor of the buyer and they will usually give you a pre-paid shipping label to send the item back. Once delivered you will get your total cost (price plus shipping back).

 

[livndisney]

Open a SNAD (significantly not as described case with ebay). The seller will have a week to respond. If he still won't resolve it to your satisfaction, you then have ebay decide the case. Usually in SNAD cases, they find in favor of the buyer and they will usually give you a pre-paid shipping label to send the item back. Once delivered you will get your total cost (price plus shipping back).

This-
You tried to work with the seller and he refused. You do not find the item to be in the condition described. Let Ebay/paypal deal with him.

 

[HLAuburn]

I think the response about seeking out non-smoking/pet free sellers is ridiculous. When he listed it as in "new" condition, as a buyer, I think it's safe to assume new means no stains, no smoke, no pet fur. I would expect it to be in the same condition as if I bought it at the store.

I would reply to his email and say you'll be returning them for a refund (maybe you could compromise that you'll pay the shipping ) and "nicely" say that if he won't work with you, you'll file a complaint and leave negative feedback. If you put the smoke comment in his feedback, I would think that would turn off a lot of people. It's not worth it to him.

I'm not sure you'd ever be able to get that smell out if they really smell as bad as you said.

 

[vaDisneyGuy]

I would go through the eBay resolution center list the problem and let them take care of it. They will side with you or the seller. As far as feedback Should they keep 100% If something smells of smoke they should list that.

If you were at a store you would not buy something that was full of smoke just because it has new price tags on it.

 

[ready123go]

If it is an item that you are going to wash on a regular basis then I would keep the item and wash it (soak it for a while before the first wash). I wouldn't bother wasting my time filing anything. Instead, just give a slightly negative feedback as a bit of a warning to other purchasers. If you don't come off as extreme, I think more people will listen to your moderately negative review and take it seriously. Then use your time to make money on Ebay for WDW!!!

Just write it off as a PITA episode, without an actual monetary loss (besides the worst bit is over - your nose and lungs have already received the shock). Try not be too upset, just try instead to use it as a memory prompt to qualify your sellers.

 

[Ed J]

L
Or is there an expectation that purchasing an item labeled as "new" means just that...that the item is in the same condition as the INC cargo shorts hanging on the racks at Macy's. And it most definitely means smell-free!



So...what would you do?

Something new from Macys could reek like perfume, would you feel the same way if it was perfume instead of smoke?


I say wash them and move on.

 

[DizneyDogs]

Open a SNAD (significantly not as described case with ebay). The seller will have a week to respond. If he still won't resolve it to your satisfaction, you then have ebay decide the case. Usually in SNAD cases, they find in favor of the buyer and they will usually give you a pre-paid shipping label to send the item back. Once delivered you will get your total cost (price plus shipping back).

This is correct except paypal doesn't give you a pre-paid label - the buyer must incur the return shipping charges and you must ship with delivery confirmation so paypal can verify the item has been returned.

Also here's the link on ebay that describes the process

http://pages.ebay.com/help/buy/item-not-received.html

 

[LexiC123]

Ugh I can't stand smoke smell on clothing. I'd ask him to take it back. HE should or he will run risk of bad feedback.

That's why I was surprised he refused my request. If it were me, I'd work a little harder to keep that good feedback.

Can't you just wash them? I bought a leather purse once and had to febreeze it and hang it outside for a week. From now on I check that I buy from non-smoking homes. Since you didn't, you probably should take responsibility for this one.

Yeah, I won't make this mistake again...will ask about the smoking each and every time.

Open a SNAD (significantly not as described case with ebay). The seller will have a week to respond. If he still won't resolve it to your satisfaction, you then have ebay decide the case. Usually in SNAD cases, they find in favor of the buyer and they will usually give you a pre-paid shipping label to send the item back. Once delivered you will get your total cost (price plus shipping back).

I wouldn't mind paying the shipping back to him, as long as he refunds the purchase price.

This-
You tried to work with the seller and he refused. You do not find the item to be in the condition described. Let Ebay/paypal deal with him.

I'm leaning towards this option, but wondering if I should contact him once more to argue my case (i.e. the misleading "perfect, new with tags condition), in the hopes that he reconsiders his position.

I think the response about seeking out non-smoking/pet free sellers is ridiculous. When he listed it as in "new" condition, as a buyer, I think it's safe to assume new means no stains, no smoke, no pet fur. I would expect it to be in the same condition as if I bought it at the store.

I would reply to his email and say you'll be returning them for a refund (maybe you could compromise that you'll pay the shipping ) and "nicely" say that if he won't work with you, you'll file a complaint and leave negative feedback. If you put the smoke comment in his feedback, I would think that would turn off a lot of people. It's not worth it to him.

I'm not sure you'd ever be able to get that smell out if they really smell as bad as you said.

It really is that bad: the shorts were outside all day yesterday, spent last night in the garage, and were outside all day today...and they still smell gross!

I would go through the eBay resolution center list the problem and let them take care of it. They will side with you or the seller. As far as feedback Should they keep 100% If something smells of smoke they should list that.

If you were at a store you would not buy something that was full of smoke just because it has new price tags on it.

I agree completely.

 

[LexiC123]

If it is an item that you are going to wash on a regular basis then I would keep the item and wash it (soak it for a while before the first wash). I wouldn't bother wasting my time filing anything. Instead, just give a slightly negative feedback as a bit of a warning to other purchasers. If you don't come off as extreme, I think more people will listen to your moderately negative review and take it seriously. Then use your time to make money on Ebay for WDW!!!

Just write it off as a PITA episode, without an actual monetary loss (besides the worst bit is over - your nose and lungs have already received the shock). Try not be too upset, just try instead to use it as a memory prompt to qualify your sellers.

That's the goal, absolutely.

So... slightly negative feedback? Does that mean neutral?

Something new from Macys could reek like perfume, would you feel the same way if it was perfume instead of smoke?


I say wash them and move on.

Actually, yes I would feel the same way. I would never buy clothing that reeked of perfume.

Certain perfumes make my throat close up. Asthma sucks.

This is correct except paypal doesn't give you a pre-paid label - the buyer must incur the return shipping charges and you must ship with delivery confirmation so paypal can verify the item has been returned.

Also here's the link on ebay that describes the process

http://pages.ebay.com/help/buy/item-not-received.html

Thanks for the link.

 

[mom2val]

!

 

[LexiC123]

I just sent him this message, giving it one more shot to work it out on our own:

The thing is...your listing referred to the shorts as "Perfect, new with tags condition". If the item smells so bad that it has to be washed before wearing, then it's not in perfect, new condition.

Given that the item I received was not as described, I don't think my request for a refund is unreasonable. All I'm asking for is a refund on the purchase price - I'll pay my own shipping.​

If he responds negatively, then I'll give it to Ebay to resolve. Until then...the shorts still sleep in the garage!

 

[ellone]

This is correct except paypal doesn't give you a pre-paid label - the buyer must incur the return shipping charges and you must ship with delivery confirmation so paypal can verify the item has been returned.

Also here's the link on ebay that describes the process

http://pages.ebay.com/help/buy/item-not-received.html

I opened a SNAD about 2 weeks ago - package arrived ripped open and 40% of items missing. Ebay gave me a pre-paid label - it cost me nothing to ship back.

 

[AmandaRG]

The seller obviously feels that they are in new condition. They haven't been worn, but they have been in his/her home with smoking. Unless they state smoke free-pet free, there is a strong possibility there will be smoke/pet hair.

I would wash them and move on, leaving a comment in my less-than-stellar feedback.

 

[aprilgail2]

I have learned from experience that unless a seller says "Smoke Free/ Pet Free" i do not want their items. I have opened to many boxes to practically have the smoke and pet hair fly out of them! I now assume that anyone who does not say smoke free is probable smoking while they box up my item!

I agree-if the OP didn't check to see that it said smoke free pet free than shame on her....live and learn and from now on look and make sure it says smoke free prior to buying an item!

 

[Juliet25]

I would keep the shorts and wash them. I don't think the seller misrepresented them; you knew they were likely coming from a private home. If non-smoking/pet-free is not specified in the listing, I would ask the seller.

I would also be disappointing in getting something that reeked of smoke. I'm just not sure it's neg worthy.

 

[kirstenb1]

It is disappointing, but I'd wash them and move on.

 

[LilyWDW]

Even saying New with Tags just means (to me) there would be no tears or stains on the clothing and the tags would still be attached. Since it is coming from a private home and NOT the store, I would not expect them to be store new. Pet hair and home odors would be expected unless you have asked otherwise. Now, if you had ASKED about it being smoke free and they lied to you, it would be different.

I would keep them, wash them up, and chalk this up to lesson learned.