Who's at Fault? - eBay or Paypal Guarantee

[kooritsuki]

Hi all,

I have a situation here.

I bought 2 pairs of ladies shoes from a seller (same style 2 different colors). Per the item description, there was a size chart indicating that a US Size 5 is equivalent to a EUR 36. As I'm a size 5 myself, I ordered 2 pairs in size 5.

When the items arrived, they are size EUR 36, but they are about a size too big. So I went to google for size charts and found out that a US 5 should be a EUR 35 instead.

The seller and I have been emailing each other back and forth trying to resolve the issue for the past week, but we couldn't really come up with a solution that would satisfy both parties.

There's obviously an issue with the seller's size chart on their item description, but at the same time, they did send me a EUR 36, which is in accordance with their size chart, which is wrong. The order specifically said US 5/UK 3/EUR 36. So it's not like I ordered the wrong size for myself and it doesn't fit.

So I'm wondering per eBay or Paypal guarantee, who is at fault here? Who should be responsible for return shipping?

[canadian.tree]

Shoes have different sizes. running,skate,casual That's personally why I don't buy shoes or clothes online because different styles fit different people and i like to try stuff on before I buy it!

As a buyer/seller on eBay my personal opinion is that you should pay for the return shipping from what I got out of the story is the seller sent you the the correct size you asked for but you think his sizes are off which I doubt because of what I said above different styles give different sizes. I may be wrong tho , and may have mis understood what you were saying sorry if that's the case. But at the same time you should try to see if you can split it with the buyer. 

Best of luck!

[kooritsuki]

Thanks for your reply.

Maybe I haven't explained it correctly. True that different shoes have different sizes, but per other size charts, a US 5 should be a EUR 35.

See the following links:

http://www.misshighheel.com/sizechart.html

http://shoes.about.com/od/fitcomfort/a/wintshoesize.htm

But per the sellers size chart, US 5 is EUR 36, which is different from the other size charts I can find on the internet. So that's why I was wondering if it was the seller's fault.

[canadian.tree]

You're right it is different I don't know what his chart says but it does seem generally 5=35 and if he sent you a 36 than you should be in the right if he sent you the wrong shoe size that is weird that his chart for selling shoes is off from the norm I wonder how many wrong sizes he has given out and how many complaints... You should let him know his chart may be wrong unless you have already done that. i'm not an expert in shoes but there is a standard everyone follows which I know or else this kind of stuff happens. That is really strange.

[reallynicestamps]

Shoes and clothng are always going to be fraught.

Is the seller in Europe or the US?

If she is in Europe then the European size is accurate and the other two are guesses . She has reprinted a chart from somewhere, innocently believing that it is accurate.

Innocent because that is how the shoes are marked and she has no way of knowing if the other measures are likely to be right or not.

The buyer should also be responsible here, because he knows his size and if he has purchased European made shoes before, is more likely to know the usual comparison.

But she used the chart and she is responsible.

Nevertheless, to get your money back you will have to return the shoes and return postage is not guaranteed.

Standard Practice , based on Paypal's policy , is that the return postage is the buyer's responsibility and Delivery Confirmation is mandatory.

If the seller, having received the item back, is satisfied that she made the error, it is a Best Practice to refund the unhappy buyer's postage. But it is never mandatory.

[mater721]

"If the seller, having received the item back, is satisfied that she made the error, it is a Best Practice to refund the unhappy buyer's postage. But it is never mandatory."

I would think if the seller agreed they would refund upon return-receipt, and buyer A) spent money to send it back and B) is now out the item, then it would be mandatory to refund the money.

Or did you mean it's not mandatory for seller to agree before the actions are actually taken?

[femmefan1946]

If the seller does not refund the return postage, there is no method of forcing him to do so.

He refunds of his own free will.

The buyer's tools are feedback, Detailed Seller Ratings, and Response to Feedback. But some sellers will take the hit rather than pay out money, especially if they do not feel any responsibility for the problem leading to the return.

BTW, there is nothing stopping you from using the unwanted items as a first venture into selling on eBay. (or a local free classified site, for that matter). Be sure to correct the sizing if you choose this. Financially it may be the most efficient method of getting some of your money back.