Smoke smell complaint & return- 2 items

[ep.131]

I purchased 2 gowns from a seller who listed them as new never worn. When they arrived the smelled strongly of smoke. I called dry cleaners to ask if they could fix it, they said they couldn’t because they can’t guarantee smoke smell will come out. I contacted seller & she told me she has no control how items are stored & that’s why she didn’t list them as smoke free environment. She also said that while I may find “a light smoke oodor unpleasant it can be fixed by airing it out a few days.” She brought up the fact that they were $500 dresses that I got for a fraction of the price. I responded that full disclosure (like what she had just told me) would have been ideal in her listing & that I would be contacting ebay since we obviously didn’t see eye to eye. Her second reply was even more defensive than the first (she basically said she’s not Amazon...that if I wanted full buyers rights I should not buy privately but go to a store). Is this the norm for sellers to treat buyers like this?! What can I expect from eBay once I attempt to open a SNAD?  It’s my first time buying clothing/gowns here 😕

[pburn]

I smoked for 38 years. One of the three or four reasons I finally quit was that I sensed people were offended by the smell of cigarette smoke on my clothing. In a concert, people sitting next to me would lean the other way. One person even mentioned "I smell cigarette smoke" to her friend as we were getting on an elevator. I finally figured out how offensive the stench on my clothing was. After I quit, I could still smell cigarette smoke when I opened my purse.

Smokers are always the last ones to figure out how bad they smell.

Anywho--bottom line is, I'd file a SNAD. 

[7606dennis]

I'm not sure "Smoke Odor" is something that can be used as a reason for a SNAD dispute.  Unfortunately, sellers cannot always control the environment that items are exposed to prior to their obtaining them or while they are in transit.  I know we have a problem with wild fires here sometimes.

Of course, sellers would be wise to include a disclaimer such: "We are unable to guarantee that this item has been kept in a smoke/pet free environment."

[chrysylys]

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@ep.131 wrote:

She also said that while I may find “a light smoke oodor unpleasant it can be fixed by airing it out a few days.” She brought up the fact that they were $500 dresses that I got for a fraction of the price.

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Correct.  Just hang them outside for a few days.

[fern*wood]

If the seller had a return policy, you can return them.  I do not believe odors are covered under the not as described Money Back Guarantee unless the seller states they are from a smoke free environment.   (Others please correct this if I am mistaken.)

[mcdougle4248]

1 ACCEPTED SOLUTION 

[flyerfandan999 · Accepted solution]

There is nothing in eBay policy that states an item is "Significantly Not As Described" if there is a smoke smell.

There is nothing in eBay policy that states an item is not "Significantly Not As Described" if there is a smoke smell.

There is nothing in eBay policy that states a Seller must describe whether an item has a smoke smell, or any other smell for that matter.

There is nothing in eBay policy that states a Seller must describe whether an item does not have a smoke smell, or any other smell for that matter.

However, you are a Buyer.  On eBay the Buyer is King (or Queen as the case may be).  As long as the Buyer processes a return under "Significantly Not As Described" you can return your item at no cost to you and get a full refund.

Open up your My eBay, go to Purchase History, then find your dresses, click on the "More Actions" link at the far right, then select "Return this item" and when the next screen comes up, drop down "Select a Reason" and select "Doesn't match description or photos."  There is no need to attach photos, nor say anything about smoke odor in the Details box, just enter "I am not satisfied with dresses" and click Request a Return.

Ignore any messages or contact with the Seller.  eBay does not require you to respond to Seller or give them any more information---the Return will continue to be processed.

After three full days, eBay will review your request (actually will be done by their computer) and you will receive a message from eBay telling you the return was approved.  You will also receive a free-to-you, pre-paid mailing label (Seller will be charged), to return the dresses to Seller.  Carefully package the dresses in the same package they came in, and send off.

Upon receipt, Seller has up to 6 days for a full refund of your original purchase price and original shipping cost (if you paid for shipping) back to your PayPal acct.  If Seller does not send refund, eBay will take the money out of their PayPal acct and give it to you.

[pingpong517]

first ... to all that sell and buy clothing....NO i8tem should SMELL! and not like smoke unless you are selling "smoke sented clothing" period.

listing can't say everything, i get it, BUT it is not a fair excuse to say "because i didn't say it, then it could be"....

I know some smells are worse than others, and smoke stinks.  

I can't believe a seller would not accept that the item smells..and they are trying to say that because they didn't say "smoke free" that that actually counts...CLOTHES DO NOT START WITH SMOKE SMELL!

you should return it..you can pay the shipping back, get your refund, and leave the nastiest smoke filled feedback.... because it is your right to leave feedback stating the fact and opinion that it smells.

to those that want to fight the statement is "as decsribed" because they didn't say it could have smoke smell...the item should and is suppose to be clean!  and smoke smell is not clean....correct?

lets have at least a standard...EBAY come on man! 

[kattinsanity]

I've been selling here for 18+ years.  For years I never had a disclaimer in my listings and I can't begin to count the number of returns I was forced to accept and the number of refunds I made without the return of the items as well as the number of neg feedback I received due to odors.  As a seller I never had any ebay protection against the odor compaints until I FINALLY decided to put the disclaimer in my listings.  BTW~~I never had any statement in my listings saying that my items came from a smoke or pet free environment.

Since putting the discalimer in my listings I've been saved many times from having to accept returns, having to refund buyers and ebay has removed neg feedback that pertained to odors.

So~~from my experiences, Trintons statement that if a seller DOES NOT have a disclaimer, that seller IS NOT liable if a buyer has a concern regarding odor is totally different than what I went through before adding the disclaimer to my listings.

[iowa_east_coast]

She's not Amazon she's eBay and selling like it's a garage sale. Which is why people I talk to say they won't buy eBay junk. 

[kattinsanity]

Ebay also advises sellers to DISCLOSE any and all flaws related to an item to prevent any problems after the sale.  I think the possibility of smoke odor or any other odor should be considered a possible flaw.  Smoke odor or pet dander to many people is a health risk. 

I also don't agree with Trintons statement regarding perfumes.  Unless the bottle is collectible perfumes stink when they are old.  I just used an old can of more expensive hairspray recently that smelled like rotten meat when I sprayed it on my hair.  I always throw old perfumes away because they do stink.

[iowa_east_coast]

She also said that while I may find “a light smoke oodor unpleasant it can be fixed by airing it out a few days.” 

This should have been done before it was put up for sale.

[rolenboy01]

I'd advise you in the future to ask EVERY SELLER BEFORE BUYING if there is any odors if they say they cannot smell any but are not 100% sure DO NOT BUY.

[ep.131]

UPDATE: today was the specified date where ebay could step in and help resolve the return request. I asked them to step in & help at around 7am. One hour later they had responded that they ruled in my favor. Items have just been shipped back. I’m not sure if ebay has access to my sent/received messages with the seller and if that helped with the resolution. In any case, this was a lesson learned & if I ever purchase any clothes again through ebay I will definitely ask the odor question just to be on the safe side. Thank you all for your input!

[tunicaslot]

It's best to remember to ask if an item has an odor - because what you did and what the others advised is wrong. Odor or smell is not part of an SNAD and never has been.

I've been accused of my items having a skunk smell - I can't help it if the mail truck ran over a skunk as I surely don't keep one as a pet. Many mail carriers smoke in their trucks and could be the cause of odors as could the shipping material the items are packed in.

If everyone is so sensitive - I think it best - you take it upon yourselves to ask questions - don't assume.