Defective item

[charmed36dd]

Hi i was wondering if anyone has encountered this problem i bought a pair of boots from a seller but didn't notice at time they had a no returns policy but do state on their feedback they accept all returns one as little as a week ago after trying one on they didn't fit so i contacted the seller to ask whether they would accept a return i got no reply so i chanced it and started the process which the seller within minutes saying in a message just sell them on its easier for me if you do i didn't realise at the time why she would say that but i did accept the no returns policy that was until i went to take pictures to resell and the boot i hadn't tried on was damaged to the point there was no chance of resale because she closed the return ebay are now telling me that i cant open a case against this seller  and that i have no chance of getting a refund surely this cant be right.  I was pointed towards citizens advice and other organisations but unless i have the name and address of the seller there is nothing they can do. I am no left with an unwearable pair of boots has anyone got any idea what i can do it seems that ebay are encouraging fraud and theft as buyer protection doesnt exist in this case and neither does the consumer act of 2015 ..any help will be appreciated 

[tressygirl]

If a Private seller has a No Returns policy on their listing then they can refuse a return and refund for the reason ' does not fit'.

However,  they cannot refuse a return and refund if a buyer receives a defective item.

If you are still within 30 days of the item's last estimated date for delivery proceed this way for a full refund:

You have received an item not as described,  go right of the item in your Purchase History and from More Actions select... Return this item selecting the reason Item Does Not Match Description or Photos.

The seller needs to accept this case within 3 days and refund,  if they want their item back first , they need to pay for that fully tracked return postage, then on receipt of their item they have 48 hours to refund you.  If they don't ,  need to escalate the case,  ask eBay to step in, and they'll force the refund.

Never listen to any excuse or promise from the seller to close the case early,  and do not forget to escalate.

eBay's 30 day MBG policy is written on every listing and I'm showing the link for it below.  Familiarise yourself with it,,  as it can save you a lot of time and money when buying on eBay.

https://pages.ebay.co.uk/ebay-money-back-guarantee/

@charmed36dd 

[jckl1957 · Accepted solution]

Unfortunately, Ebay only allow you to open one returns case.

You opened a case because the boots didn't fit you but this was closed by the seller.

As you have already opened one case, you can't open another one through Ebay.

What you can do is start a chargeback through your payment provider on the grounds that you have bought items online which are not fit for purpose.

[charmed36dd]

Unfortunately Ebay are not allowing me the option to action a return now that the seller has closed it I was going to just resell until further inspection of the boots showed the defect which was not shown in any of the pictures and the seller couldn't have missed it. I contacted the seller with no joy from them   I am being told by Ebay that they cannot escalate it now