Item not as described but seller disputing

[hls_1000]

Hi there - I bought a handbag that was described as "used like new", there was no reference of any damage in the description and the bag looked ok in the photos. 

The bag arrived today and in my opinion is in fair condition at best. Dig marks around the bag, filthy inside, split in the corner, definitely well used. 

I (stupidly) emailed the seller to say I felt the bag wasn't as described and that I would be opening a dispute - I gave details and sent photos.  The sellers was polite but basically said she disagreed with me and I was welcome to open a dispute but in line with ebay policy I should expect an item that is used to have "cosmetic wear but works as intended" so indicating she would dispute my claim.  She has  5 feedback so presumably fairly new to ebay.

I've opened a case - and gave the same information and added the photos of the damaged / dirty bag.  The seller hasn't responded.

Can the seller dispute my claim?  I don't want the bag - personally I wouldn't sell anything in that sort of condition so I don't think I would want to even resell (I paid £100 plus postage so it wasn't cheap).

[m25jet]

In addition to the advice that has already been given, if the seller responds via the case asking you to return the handbag in exchange for a total refund and then issues you with an eBay Returns Label so that you can post the handbag back again just download the eBay Returns Label and post the handbag back to the seller.  If the seller did ask you to do that but you didn't return the handbag to her the returns label would expire and the case would be decided in the seller's favour, as the fact that the tracking shows that the label was never used would prove to eBay that you didn't comply with the seller's request to return the item first to secure your refund, in which case the seller wouldn't have to refund the money.  Therefore, if the seller does do that just download the returns label and post the handbag back again.  The eBay Returns Label is paid for by the seller, so it won't cost you a penny to return the handbag to her in order to secure a refund should she ask you to do so.

In the event that the seller fails to issue the refund after the handbag has been returned to her escalate the case to eBay to make a decision upon.  So long as the tracking number on the eBay Returns Label proves attempted or successful delivery of the handbag back to the seller eBay would decide the case in your favour and force a total refund of the money that you paid.  If, however, the seller refunded your money once she had received the handbag back again the case would close automatically as there would be no need for the case to remain open if you had returned the handbag to the seller as per her request and she refunded your money as agreed.

[1956glyn]

Hi

If a buyer opens a not as described case 99% of the time Ebay will side with the buyer because they do not get to see the item themselves.     Yes used does mean there may be light use to the item but it should not arrive basically wrecked.

Ignore the seller and stick with the case and if necessary escalate the case a full 3 days later for Ebay to step in.

Do not close the case on a promise from the seller.

I think you will be fine and win the case. 

[hls_1000]

Ok - thanks. Hopefully this will go smoothly, I'll sit tight and let the dispute reach the conclusion.

[rusticrye]

You say the item was described 'used like new'.  It clearly isn't from what you say, so it's 'not as described'. 

Ignore the seller's nonsensical response. Just escalate the case to Ebay on the date shown (bearing in mind that Ebay works on the 24-hour clock), and Ebay will either force a full refund without the need for return, or supply you with a prepaid returns label at the seller's expense and ensure a full refund once tracking proves delivery or attempted delivery.

Don't forget to leave appropriate feedback to warn others once the case has been resolved. And as you also sell on this account, make sure you add this person's Ebay ID to your Blocked Bidders List.

@hls_1000