only issued half refund upon return of item that did not fit

[sacredlistening9]

Hello,

My seller  listed her item, a merino wool sports pullover-style bra, as free returns and full refunds. The item arrived on the 13th of May, I tried it on once and it was too tight for me, even for a sports bra, so I put it right back into the original package. The tags were never removed, the item was in pristine original condition. I initiated the return the next day. The item was mailed via return label created via Ebay and dropped off on the 17th. The seller received the item on the 21st. (I was given until the 28th to claim my refund) 

Yesterday, the 24th, I received a notice that my 'case was closed' and I was issued a partial refund (half the purchase price of $45.. and of course, I've already paid for the return shipping lable too)  Evidently the seller opened a case yesterday, claiming that s/he could not issue a refund because I had said the bra was too snug and therefore i had 'tried the item on and so it was used'.  S/he also states that s/he believes it is unethical to resell an item of 'underwear'.

There does not seem to be a way to appeal this case. It is listed as closed, despite the fact that I did not receive any input in this, or even know it was being disputed by the seller, until the case was decided. Is it standard policy that a buyer cannot try on an item for fit without it being considered used, and has no say in the decision of the seller and ebay regarding refund? I realize this is a bra (which in my opinion is like a t-shirt not an undergarment that contacts bodily fluids) but it has been my experience in buying from reputable bra companies online  that trying on for fit is standard and that refunds are freely issued if the bra does not fit. Also, when buying in stores, we try them on for fit and they are put back on the rack to be resold. 

I feel very taken advantage of in this transaction with this seller, and disappointed that Ebay did not contact me regarding the issue raised by the seller . 

[chapeau-noir]

If someone is going to sell clothing, they need to understand the market.  It would be better if the seller was just 'no returns' than doing this kind of shady dealing by charging what is essentially a 'restocking' fee (no longer legal) for an item that is (1) not underwear and (2) retains its tags and is perfectly salable.  Sports bras are tried on in stores (so are regular bras) - that has nothing to do with it and agree it's a bogus excuse.

[rfmtm]

Still need the Item Number to determined what exactly the return policy was stated on the listing. 

[pjcdn2005]

I agree.  I think that it is really rotten of a seller to have free returns and then say that they don't have to refund in full because the clothing was tried on. But I thought that there was a way for a buyer to appeal in a situation like this and if they win, ebay generally gives a courtesy refund of the remainder owing?  How would they go about doing that? 

Perhaps the poster could try sending a message to custom service through ebay Facebook.

[pjcdn2005]

The listing was free returns according to the buyer. What other information would be helpful?

[myangelandmyprincess]

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@bearswatching wrote:

The seller is top rated and has the option of a 50% refund for remorse returns. Doesn’t fit is considered remorse, although I’m not really clear why. Doesn’t matter, it’s eBay’s rules.

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That's not a reason a seller can hold 50%.  They partial refund option is ONLY for items sent back in an a altered condition.  I don't think the sellers reasoning of tried on is a legit reason.  You can try on bras in stores and put them back on the shelf. 

[myangelandmyprincess]

"eTRS sellers and sellers who offer free returns can now offer partial refunds, up to 50%, if the item is returned in a condition different than when you shipped it."

https://pages.ebay.com/seller-center/service-and-payments/returns.html

Personally I would try to contact eBay to appeal.  You can contact through Facebook messenger.  Or request a call back using this 

https://www.ebay.com/help/home

[rfmtm]

@pjcdn2005  Just curious to see if it was free returns in the terms of the listing or just something seller put in the description.  As free returns meant it could be returned for any reason, remorse, not fitting, or whatever, but still if returned in original condition you got a full refund. 

[pjcdn2005]

@rfmtm Sorry I still don't see why that would matter.  The seller accepted the return so that  whether  it was originally a 'seller accepts returns, buyer pays shipping' return or 'free returns, seller pays shipping' or 'no returns' there is no legitimate reason for the seller to keep 50% of the sale IF the item was returned in the original condition.   There is no such ebay return status as " I don't really want to accept the return but I will but am only going to refund you part of the amount regardless of the condition"

[rfmtm]

@pjcdn2005  I agree, buyer should get a full refund.  My point is this should be especially true if the terms shown were "Free Returns" on the listing.