The seller has refused to accept a return on new shoes that don't fit and has closed the return

[juleslalinea]

I bought some cushion walk new shoes for my mother who is 93 and is housebound and has dementia. I bought size 6 which normally fit but they were too tight plus the leather is so soft that she can't get her heels in the shoes. I contacted the seller today to start a Return only for the seller to close the return and send me a shirty email saying they aren't a shop and it's not fair to expect to be able to return them. 

If I had bought these shoes for my mum in a shop and brought them home for her to try and they hadn't fit, the shop would give me a refund. I think it's unfair to not be able to return them. They are still new and haven't been worn. Should I get Ebay involved?

[red_magpie]

If I had bought these shoes for my mum in a shop and brought them home for her to try and they hadn't fit, the shop would give me a refund.

But you didn't buy if from a shop! In any case, your statement is not necessarily true. Shops don't have to accept change of mind returns, unless they offer this in their conditions of sale (many big shops do).

What counts on eBay is the seller's returns policy, which is stated in the listing. What did it say? EBay doesn't require sellers to accept returns, and most private sellers and sellers in other countries don't. However, the law requires UK business sellers to accept returns for internet sales.

You need to go back to the original listing and check the returns policy. If it states that they don't accept returns, you accepted this when buying from them. If they're a UK business seller, they MUST accept returns, and their policy should say so. If they say they accept returns, but then refuse to do so, you can claim a refund using eBay's money back guarantee.

I'm not sure exactly how you would do this, because eBay doesn't normally allow buyers to open a second case. But as they state this is possible, there must be a way - you may have to consult customer support.

You can find the full terms and conditions of eBay's money back guarantee here: http://pages.ebay.co.uk/help/policies/money-back-guarantee.html

[ruby*tuesday]

If a Private Seller they don't have to Accept Returns which do not Fit. Is Classed as a Change of Mind Return. If a Business Seller you can use the Ebay Money Back Guarantee and open a Case in the Resolution Centre for Item Does Not Fit. You would have to Pay the Return Tracked Postage though.