Item stinks of smoke

[ritachopra]

I received an item from a seller that stinks strongly of cigarette smoke. It is new with tags and I bought it as a gift but obviously cannot give this to my friend. 

I contacted the seller and she refused to acknowledge the issue. Her item page says she accepts refunds.

I returned the item at my own cost on 3rd April and sent photos of the item being posted in the post box.

Now she isn't replying to me and I haven't got my refund.

I opened a case with ebay who said I need to provide return tracking details.

I couldn't reply to this message from ebay. I returned at my own cost so posted with a stamp.

I have opened a case through PayPal and now ebay has suddenly closed my return case?! I wouldn't have escalated with paypal if I had known ebay would close the case!

I have just checked the seller's feedback and there have been several other people leaving negative reviews because the items stinked of cigarette smoke. The seller has left aggressive comments against all of this feedback and says she has blocked each of those buyers.

I just want my refund for the item & original postage! Please help!!

[ruby*tuesday · Accepted solution]

You cannot Claim through Ebay or PayPal if you have No Tracking to prove Delivery back to the Seller. 

Read the Ebay Money Back Guarantee by entering it into Help and Contact at the very foot of the Page.

You should have Opened a Case with Ebay for Item Not As Described. Being as it stank of Smoke it wasn't in a New Condition. The Seller would have had to send you a Returns Label through the Case, which they are charged for.

Sellers cannot leave Buyers any Negative Feedback Comments. If they do that to you Report them to Ebay.

[john1297576]

You have done about everything you could do wrong.

Without tracking you are just wasting your time.

You should have opened a NOT AS DESCRIBED CASE, seller has to provide a Reply Paid TRACKED label and on return you get a refund.All so simple if you follow instructions,and read the Money back Guarantee top right of every listing.

You can't open two cases, opening a paypal case and ebay automatically closes their case. Obviously you cannot get two refunds, but without evidence of delivery then you will get NO REFUND.

[redwick1]

There is nothing you can do to get your refund

When you have a problem you have to open a dispute in the resolution centre

When you return an item you have to send it back tracked to prove the seller either had the item Delivered to them or attempted delivery.

If you can not prove with tracking you will not win any dispute

If you think about it then any returns to any company would be the same.

Photos of you posting it is not proof of the seller receiving it b\ck

[red_magpie]

I returned at my own cost so posted with a stamp.

For any sort of return the sender is required to provide proof of delivery.

All you had to do was hand the parcel in at the post office, and keep your proof of posting. The delivery number on the receipt acts as tracking, and provides the required online confirmation of delivery.

If you didn't obtain a delivery number there will be nothing you can do to get a refund.

[ritachopra]

I took photos of posting the item at the post box. I have put in a claim
with Royal Mail in the past and this is sufficient for proof of posting.

[papso22]

Well unfortunately it's not sufficient for ebay or paypal protection.