Help needed - used item condition misdescribed - file a claim for partial refund and NOT return item

[stu4sam2010]

Hi folks, this is the email I sent to eBay Support (no response!)... it is about an item that was purchased clearly represented as being in VGC, however, on inspection and using it seems to be in good  and well used condition - see the following:

I contacted the seller today as the footwear developed a fault where the toecap part was loose and clicking inside the toe of the boot, clearly snapped, after hardly any use and not being worn outdoors yet.

The listing states no returns and the seller refused a partial refund after messaging him today (does not seem compliant in offering any sort of reimbursement), and his response saying clearly that he 'sold them to me in good faith and them being in good condition'.  However, his listing was described as seller notes: 'very good condition' and his comments saying having great condition.  In my opinion the boots would be described as good condition with moderate or more wear to the soles as expected.  I understand that the item is in an 'as is' condition and I had scrutinised the pictures in the listing carefully before bidding.

I hope that you can advise me on what to do here and what is the policy here on partial refund considering the description given?

Thank you, Stuart  stu4sam2010

[vintique*violet]

If you haven't already done so you need to open INAD case via eBay and return the item for a full refund... or once you have opened the case await the sellers response - they may decide to offer a partial refund  ( I think this is at the sellers discretion) or ask you to return the footwear. 

I would not try to negotiate anything without using eBays " case " system. 

Just to add - private sellers  do not have to accept returns however they cannot misrepresent items.. they can omit a fault but not misrepresent... and good private sellers will look after their customers.... 

[tressygirl]

If you are happy to keep the item you can only ask for a partial refund but the the seller does not have to comply.

However,  if you receive an item not as described, you are entitled to a full refund and this a seller cannot refuse.

Proceed this way:

You have received an item not as described,  so you are guaranteed a full refund under eBay's 30 day MBG,  Money Back Guarantee policy,  if you claim within 30 days of the item's last estimated date for delivery.

You then go right of the item in your Purchase History,  and from More Actions select Return this item,  selecting the reason...  Item Not as Described.

The seller has 3 days to accept the case,  if they don't ,  you need to  escalate on day 4,  or within 30 days,  and eBay will step in and force the refund.

If the seller wants the item back first,  they need to pay for a fully tracked return postage.  On receipt of their item they have 48 hours to refund you.  Again,  if they don't,  you escalate the case.

Do not close the case early for any excuse or promise the seller may give,  and do not forget to escalate.

@stu4sam2010 

[stu4sam2010]

Thank you, that's a great help.

I was unable to find the INAD section as some things are not that clear to
locate on eBay 🙂

[stu4sam2010]

Hi, the only suitable option that comes up is 'item is wrong' or 'something
else not mentioned' with 'start a return' during the automated chat
assistant messaging system.

There is no option to hold on and wait for the seller to offer a partial
refund. Perhaps the only solution regarding some part refund without
returning item would be to message the seller again and getting a 'No'
response.

[jckl1957]

Once you start a return, using the nearest reason to the item is not as described, the seller has the option to offer you a partial refund.

They don't have to - it is up to them.  They only get one chance to offer a partial refund so, if they do that, then it is a 'take it or leave it' deal.

If they don't choose to offer a partial refund, they will have to supply a label and refund you in full once they get the item back.

You only have 30 days from receipt to start a return so don't delay.  Just remember, a partial refund is the seller's option and they don't have to offer it.  If you want to keep the item, you may just have to accept it as it is for the price you paid.

Emailing Ebay regarding an issue like this is pointless.  Always start a return.