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Item not as described, seller disputes

I tried to find a post matching a similar situation, but I got overwhelmed! I apologize if this has been answered before. Also, I've included some backstory.

 

I won an auction for a Coach purse marked "new without tags", and "in excellent condition...stainless". Shipping was to be Priority Mail. When I loozed up the tracking number, it was mailed a few days after seller said it was mailed. Also mailed first class and not Priority. Contacted seller, she apologized, figured first class designation was a mistake. 

 

Item finally arrived by first class mail and not Priority Mail. Purse is not in "new without tags condition" as there are multiple stains. Seller has no return policy. Contacted seller first and sent pictures. Seller responds, says she can't see the pictures and has no idea what stains I'm talking about (they are obvious). She has offered to possibly refund the shipping cost. I'm not satisfied with that, should I continue to communicate directly with seller, or just open a case on eBay through the resolution center? Stains on bottom of "new without tags" purse.Stains on bottom of "new without tags" purse.

Closer view of stains.Closer view of stains.

 

 

Message 1 of 30
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Item not as described, seller disputes

 

 

She has offered to possibly refund the shipping cost. I'm not satisfied with that, should I continue to communicate directly with seller, or just open a case on eBay through the resolution center? 

 

 

Just open a case through the resolution center.   It is no harm to the seller if they handle in properly.  I personally would be none too happy to receive an item in that condition that was described as NWOT. It obviously isn't. 

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Item not as described, seller disputes

With regard to the shipping, Priority Mail and First Class are shipped the same way ... I've never seen a difference in their shipping times.  So, no need to get upset about that.

 

With regard to the item, if you are unhappy with the item, then simply return it.  On eBay, an item must be in the condition described or you can return it ... regardless of the seller's return policy.

 

  1. Under "My eBay", select "Purchase History"
  2. Find the item, and on the right you should see "More Actions".  Under that, select "Return this item".
  3. Then follow the instructions.  There will be an option that says something like "Item not as described", and by selecting this you will be set up to receive all your money including original shipping charges.
  4. If the buyer does not accept the return, just wait a few days and you can escalate it to eBay which will automatically accept the return.
  5. Package carefully and respectfully, put on the provided return sticker.
  6. When the item successfully arrives back at the seller location, you will be refunded your full payment.
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Item not as described, seller disputes


@ellis61 wrote:

With regard to the shipping, Priority Mail and First Class are shipped the same way ... I've never seen a difference in their shipping times.  So, no need to get upset about that.

 


 

 

I would be upset if the seller charged Priority and shipped first class regardless if they arrive in the same time or not.  Sellers should not downgrade the service they advertise. 

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Item not as described, seller disputes


@green-night wrote:

@ellis61 wrote:

With regard to the shipping, Priority Mail and First Class are shipped the same way ... I've never seen a difference in their shipping times.  So, no need to get upset about that.

 

I would be upset if the seller charged Priority and shipped first class regardless if they arrive in the same time or not.  Sellers should not downgrade the service they advertise. 


I guess I live my life a little differently.  I don't get upset over small insignificant things ... as for these two services, unless there is a high volume period at the post office, First Class is not a downgrade to Priority Mail.  Simply, First Class is under 1 pound, and Priority Mail is over 1 pound ... Priority Mail has insurance, and First Class does not (but that's for the seller's protection, and not the buyer's protection).

 

So, from the standpoint of a buyer, there is no difference.

Message 5 of 30
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Item not as described, seller disputes

 

 

Then why do you have in your TOS that you offer free first class shipping but offer faster discounted Priority shipping? 

 

Would you ever dream of shipping first class if your buyers paid more for Prioirty? 

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Item not as described, seller disputes


@ellis61 wrote:

@green-night wrote:

@ellis61 wrote:

With regard to the shipping, Priority Mail and First Class are shipped the same way ... I've never seen a difference in their shipping times.  So, no need to get upset about that.

 

I would be upset if the seller charged Priority and shipped first class regardless if they arrive in the same time or not.  Sellers should not downgrade the service they advertise. 


I guess I live my life a little differently.  I don't get upset over small insignificant things ... as for these two services, unless there is a high volume period at the post office, First Class is not a downgrade to Priority Mail.  Simply, First Class is under 1 pound, and Priority Mail is over 1 pound ... Priority Mail has insurance, and First Class does not (but that's for the seller's protection, and not the buyer's protection).

 

So, from the standpoint of a buyer, there is no difference.


So you are saying you would be ok if a seller charged you $18 for large flat rate box and then turned around and shipped first class for $2.61? 

OP has a legit complaint. She was charged for a specific service she didn't get.



One life is all we have to live
Love is all we have to give

**Formerly known as MissJen316**
Message 7 of 30
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Item not as described, seller disputes


@terrasmile wrote:

I tried to find a post matching a similar situation, but I got overwhelmed! I apologize if this has been answered before. Also, I've included some backstory.

 

I won an auction for a Coach purse marked "new without tags", and "in excellent condition...stainless".

 

That bag is certainly NOT "NWOT" or "excellent condition" or "stainless." (JMHO but when will sellers realize that buyers aren't blind and are going to see that kind of filth!? Do sellers really think buyers are going to turn a blind eye?)

 

Shipping was to be Priority Mail. When I loozed up the tracking number, it was mailed a few days after seller said it was mailed. Also mailed first class and not Priority. Contacted seller, she apologized, figured first class designation was a mistake. 

 

If the seller advertised priority mail, that's how it should have been sent. Priority mail, although usually about the same speed as first class, is more expensive and sellers aren't allowed to downgrade shipping from what was advertised.

 

As for when it was mailed, it's possible that it was sent as promised and that USPS just didn't scan during the journey.

 

Item finally arrived by first class mail and not Priority Mail. Purse is not in "new without tags condition" as there are multiple stains. Seller has no return policy. Contacted seller first and sent pictures. Seller responds, says she can't see the pictures and has no idea what stains I'm talking about (they are obvious). She has offered to possibly refund the shipping cost. I'm not satisfied with that, should I continue to communicate directly with seller, or just open a case on eBay through the resolution center? Stains on bottom of "new without tags" purse.Stains on bottom of "new without tags" purse.

Closer view of stains.Closer view of stains.

 No, a refund of shipping is not appropriate if that's all she's offering. I think she should refund the shipping cost just because you didn't get what you paid for but if she doesn't offer a refund on a major portion of the selling price (to allow for cleaning of the bag), then just file a SNAD dispute and request a return. 

 

If you return it, seller will have to pay return shipping and upon receipt, your refund will be for the full amount you'd paid.

 


My responses are in RED within your post.

albertabrightalberta
Volunteer Community Mentor

Message 8 of 30
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Item not as described, seller disputes


@missjen316 wrote:

So you are saying you would be ok if a seller charged you $18 for large flat rate box and then turned around and shipped first class for $2.61? 

OP has a legit complaint. She was charged for a specific service she didn't get.


In this case, I would be paying $18 for 1-3 day shipping.  Is this simply an issue for you of how much the seller is paying?  Should a buyer get upset if the seller buys the postage using Commercial Plus rates?  What if they discover that it will fit in a Medium Flat rate rather than a Large Flat rate? 

 

As far as a buyer is concerned, First Class Parcel and Priority Mail are the same ... exact ... shipping.  They are handled by the same people, carried on the same trucks/planes, tracked the same way, routed the same way, delivered the same way, and the delivery times are the same. 

 

That is not to say that there isn't a difference.  There is.  For an under-16 ounce package, Priority Mail is simply First Class Parcel with (a) added insurance and (b) complimentary packaging supplies ... that's the only difference ... and both of these are seller issues, and not buyer issues.

 

Now, I have had a couple of sellers advertise Priority Mail and then ship it out FedEx Smartpost.  In that case, yeah, I was not happy because SmartPost is upwards of a 12 day service. 

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Item not as described, seller disputes


@ellis61 wrote:

@green-night wrote:

@ellis61 wrote:

With regard to the shipping, Priority Mail and First Class are shipped the same way ... I've never seen a difference in their shipping times.  So, no need to get upset about that.

 

I would be upset if the seller charged Priority and shipped first class regardless if they arrive in the same time or not.  Sellers should not downgrade the service they advertise. 


I guess I live my life a little differently.  I don't get upset over small insignificant things ... as for these two services, unless there is a high volume period at the post office, First Class is not a downgrade to Priority Mail.  Simply, First Class is under 1 pound, and Priority Mail is over 1 pound ... Priority Mail has insurance, and First Class does not (but that's for the seller's protection, and not the buyer's protection).

 

So, from the standpoint of a buyer, there is no difference.


First class mail IS a downgrade based on PRICE, not necessarily service.

 

To ship a 1-lb. first class package would cost $4.30.

 

To ship a 1-lb. priority rate package would cost between $6 and $8, depending on the distance between the seller and the OP. (As a handbag seller, I very much doubt that the bag in question weighs less than 1 pound. If properly stuffed and packed, it would have weighed 2-3 lbs. So if the seller purchased a first class shipping label, she not only overcharged the buyer but she ripped off the post office.

 

 

albertabrightalberta
Volunteer Community Mentor

Message 10 of 30
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Item not as described, seller disputes


@ellis61 wrote:

@missjen316 wrote:

So you are saying you would be ok if a seller charged you $18 for large flat rate box and then turned around and shipped first class for $2.61? 

OP has a legit complaint. She was charged for a specific service she didn't get.


In this case, I would be paying $18 for 1-3 day shipping.  Is this simply an issue for you of how much the seller is paying?  Should a buyer get upset if the seller buys the postage using Commercial Plus rates?  What if they discover that it will fit in a Medium Flat rate rather than a Large Flat rate? 

 

As far as a buyer is concerned, First Class Parcel and Priority Mail are the same ... exact ... shipping.  They are handled by the same people, carried on the same trucks/planes, tracked the same way, routed the same way, delivered the same way, and the delivery times are the same. 

 

That is not to say that there isn't a difference.  There is.  For an under-16 ounce package, Priority Mail is simply First Class Parcel with (a) added insurance and (b) complimentary packaging supplies ... that's the only difference ... and both of these are seller issues, and not buyer issues.

 

Now, I have had a couple of sellers advertise Priority Mail and then ship it out FedEx Smartpost.  In that case, yeah, I was not happy because SmartPost is upwards of a 12 day service. 


It doesn't matter that items are "are handled by the same people, carried on the same trucks/planes, tracked the same way, routed the same way, delivered the same way, and the delivery times are the same." If the seller advertised priority mail, that's how it's to be shipped. The seller cannot downgrade to a less expensive service than what was advertised.

albertabrightalberta
Volunteer Community Mentor

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Item not as described, seller disputes

As others have said, just open a Not As Described return through eBay.  A No Returns policy is void if the item is not as described.

 

Seller will have 3 choices

1) Return for Full Refund (plus return shipping label)

2) Refund without requiring a return

3) Offer Partial.

 

If the seller doesn't go with #1 or #2 within 3 full business days, ask eBay to step in.  If you are amenable to a partial and they offer one, you can accept it, but you aren't required to.  You can decline and immediately escalate.

 

If you open it today, they will have until Tuesday midnight to answer with one of the selected choices.  If they fail to respond timely, on Wednesday you will be able to "ask eBay to step in."

 

The pictures are quite tiny but I can clearly see the stains when enlarged.  I'd upload them to the case too.

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Item not as described, seller disputes


@albertabrightalberta wrote:

It doesn't matter that items are "are handled by the same people, carried on the same trucks/planes, tracked the same way, routed the same way, delivered the same way, and the delivery times are the same." If the seller advertised priority mail, that's how it's to be shipped. The seller cannot downgrade to a less expensive service than what was advertised.


Of course they can.  But, I think the objection here is not the service, but that the buyer is feeling that the seller is dishonestly pocketing money they paid for shipping.

 

Let me ask you a fair question based on a recent transaction.

  • Recently, I sold a fairly heavy item that I advertised with shipping using FedEx SmartPost (incredibly slow service).
  • The buyer paid something like $15 for the shipping ... I charge actual rates, but I do not tell the buyer my basis for shipping chargse.
  • After looking at options, I found that I could send it USPS Priority Mail for $13.
  • So, I sent it Priority Mail.  The buyer gets their package 3-4 days quicker, but I'm pocketing $2.

Was I wrong for "downgrading to a less expensive service"? 

 

Here's another real-life example.

  • I sold an item that I thought weighed just over 2 pounds (2-3 pound rate), but it turned out to weigh 1 pound and 15.8 ounces (1-2 pound rate).  I was charging actual shipping on 3 pounds at $9.22 ... I do not say, however, that I'm charging for actual shipping ... that's just the price I am charging for shipping.
  • What should I do?  Pay for 2 pound shipping or 3 pound shipping?   Hmmm .... well, I purchased postage for 2 pounds rather than the 3 pounds that was paid by the buyer ... postage was actually $7.91.  I pocketed a whopping $1.31.

Was I wrong for "downgrading to a less expensive service"?

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Item not as described, seller disputes

 

 

Here's another real-life example.

  • I sold an item that I thought weighed just over 2 pounds (2-3 pound rate), but it turned out to weigh 1 pound and 15.8 ounces (1-2 pound rate).  I was charging actual shipping on 3 pounds at $9.22 ... I do not say, however, that I'm charging for actual shipping ... that's just the price I am charging for shipping.
  • What should I do?  Pay for 2 pound shipping or 3 pound shipping?   Hmmm .... well, I purchased postage for 2 pounds rather than the 3 pounds that was paid by the buyer ... postage was actually $7.91.  I pocketed a whopping $1.31.

Was I wrong for "downgrading to a less expensive service"?

 

You did not downgrade to a "less expensive service".  Assuming in either case you would have shipped Priority,   the service remained the same but was just less expensive.    

 

And just to reiiterate what you said in an earlier post regarding first class vs. Priority, you say it could have an impact during times of high volume which is true.    Which is one more reason why a seller shouldn't downgrade - who knows when volume is high and ship speed could be affected?

 

As for your first example, I also think it is a  bad idea to advertise one service (courier) and use a different (USPS) or vice versa.   While some might not mind it, there could be a myriad of reasons a buyer wants one service over another.  

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Item not as described, seller disputes

There is around a $7 difference in this case. I paid $12.75 for shipping and actual costs were around $4.50. But I'm more concerned about the buyer advertising an item as "New without tags" when it clearly is not, and then not offering me a chance to return the item for a full refund.
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