do i need to pay return shipping if the seller misrepresentd the item?

[m3399]

I bought an item that was half the size than stated by the seller.The size was the condition for me to buy it.

I asked all the relevant questions and  wrote to the seller when i made my offer that I would buy if the measurement he gave me are right.

When I got the item,in my case a ring,I contacted him and he offered return or refund.Since return shipping would be almost as expensive as the item,I asked for refund.

He then offered a partial refund and I started to bargain,as I was very dissapointed.I offered to accept the cost of the item as the refund amount and not asking for the original shipping.Would be fair because i paid more than $15 shipping cost for a $23 item.

He asked me to return the ring,but I don't think it is fair to pay returnig fees. It was his fault.

I live in a remote area and the local post office closes at 5pm,when I am still at work.

The only day when I could go there would be Thursday's as it stays open til 6pm.That means it delays the return time etc.etc.

I asked him in frustration to refund the partial amount he offered and we put it behind us,but now he does not want to refund at all,saying I wanted the ring for free and he feels insulted.

I would like to keep it(it is a gift for someone and I told the seller from the beginning,when exchanging messages, it is time sensitive because of that) but he should at least be responsable for a part of my total original payment OR at least stick to his offer of partial refunding.He calls himself a businessman,yet he feels insulted when negotiations are tried.

I need help with this,because I thing it's not fair to buyers' how some sellers are misrepresenting,or giving inaccurat informations about what they sell and are getting away with it.It happens more an more.

[mater721]

I'm not sure I understand all in the message, so maybe you could clarify something...

"I bought an item that was half the size than stated by the seller. When I got the item,in my case a ring,I contacted him and he offered return or refund.Since return shipping would be almost as expensive as the item,I asked for refund."

"I would like to keep it(it is a gift for someone and I told the seller from the beginning,when exchanging messages, it is time sensitive because of that)"

If the ring sent is the wrong size, how could you still give it as a gift?

[reallynicestamps]

It has been the Standard Practice since 1995, that buyer's who want a refund on an item have to return it at the buyer's own expense.

It has been the Best Practice that if the problem was on the seller's side that he would cover the cost of return shipping as well as the original payment when he received the item back.

It is suggested that the returned item be tracked in case of further dispute.

I don't think that you should be asking for any refund, because  although the ring is not in your size (and the seller told you it was) it can be used as a gift.

However, you have up to 60 days to leave feedback. The most effective feedback is calm and factual. "Ring confirmed as Size 10, actually Size 5." would cover the basic problem and warn future customers.

[dmil8030]

Hello 'm3399',

In a case like this your personal specifics are really neither here nor there  as to what you may or may not

be able to do.  By that I mean the item being a gift or your local post office closing early, or the fact that you

find return shipping to be expensive.   Moreover, none of us here are privy to the email exchange between

yourself and the seller so it is difficult to comment on that aspect of the problem.

But okay, you say the seller initially offered a refund.  Did he say "return or refund" as though it were a choice,

or was it intended to be "return for refund", whereby he made a typo?

"Return for refund" is the standard ebay-accepted offering to dissatisfied customers.

When he offered a partial refund, did he say how much? Was that not satisfactory to you?  

Have you seen the following link about returning an item?  

http://pages.ebay.ca/help/buy/item-not-received.html#doesntmatch

Usually a buyer is required to return an item with Delivery Confirmation at her own expense.  When a seller

makes a serious mistake, like sending an entirely different ring, the better sellers (though not all) will refund

your return postage as well as your original payment, once they have the item back.

But a seller will not usually be forced to reimburse your return postage.  

So at this point, what will make you happy?  Neither of you can wave a wand and restore the ring to the size you

want.  And if you paid $23 - presumably Canadian - that's about $16 or $17 USD -- so that's not much of a ring,

and thus not a good candidate for resizing by a jeweler.  

You say you want to keep it.  You say you will be content with the peace offering made by the seller.

Then your best bet is to sweetly write to the seller and explain that however disappointed you are because you

will no longer be able to give this ring to its intended recipient, you would be pleased to accept his very

generous offer.

If you are wanting to negotiate, as you say, you will find that sweetness and a certain flexibility will get you

farther than digging in your heels about being inconvenienced.

And then if he does anything at all for you, thank him profusely and leave him wonderful feedback about how

helpful and accommodating he is.  After all, he didn't trick you on purpose.

If, however, he tells you to jump in the lake, - well, at least he will know why he has such an unhappy customer.

Best of luck.  

[pjcdn2005]

It has been the Standard Practice since 1995, that buyer's who want a refund on an item have to return it at the buyer's own expense.

Sigh

I wish you would stop writing that when it is no longer true. Please read the MBG to see that a seller is responsible for the cost of return shipping in an item is not as described.

[pjcdn2005]

Some of the information that other posters gave you is correct. If you and the seller can come to an agreement on the amount of a partial refund then that's great. However, if the seller does want the item back before refunding you, that is their choice. 

If your read the Money Back Guarantee you will see that if you file an ebay claim and the item is not as described the seller is required to pay for return shipping if they want the item back. However, size is generally not considered a not as described issue simply because sizing is not standard.  BUT if the ring was listed as a size 7 and the size on the ring shows that it was a size 5 then it would probably be considered a not as described situation.  I don't know your exact situation so can't say for sure what would happen.

Let's assume that the item is definitely not as described and the seller says to return it. Ebay will then tell the seller that they need to send you a return label. If the seller is in Canada, that shouldn't be a problem. If they are in another country it's impossible for them to send you a Canada Post label. In that situation you could find out what postage would cost and then ask them for that amount ahead of time. (if the return was to the USA, Tracked Packet would be the cheapest)  If they refuse to do that, you could ask ebay to step in. Assuming that ebay considers the ebay as a not as described item, they would likely rule in your favour so the seller would be forced to refund you and since they would not pay for the return, you would keep the item.  As I said though..ebay may rule differently because it is a sizing issue so it might be in your best interest to accept the partial refund.

[dmil8030]

I'm going to go out on a limb here with this, . . .   

I suspect the ring was a Sterling Silver .925 Mother of Pearl & Amethyst Ring Size 7.25 which was

sold recently.  And from a comment the OP made elsewhere, it came via Global Shipping.

Golly, it'd be nice to have all the relevant facts up front.

According to the ebay page about returning items that came GSP, 

"Remember that when returning a Global Shipping Program item, a seller who offers to refund your original shipping will only be returning the domestic shipping cost. You won't receive a refund for the international shipping cost and import charges that were paid to the shipping center."

This particular seller's personal policy about returns:

"We offer a 100% money back guarantee (not including shipping & handling costs). Items must be postmarked within 14 days of receipt and in the same condition as it was sent. Buyer is responsible for return shipping and insurance unless in case of seller error."

Hmmm. . .  seller error.  Hmmmm. . .

From the ebay help page about returning items not as described:

http://pages.ebay.ca/help/buy/item-not-received.html

"A full refund is one that covers the cost of the item and original shipping."  That's a full refund.

No mention of return shipping.

From the ebay's Money Back Guarantee page, 

http://pages.ebay.ca/ebay-money-back-guarantee/

"Please note that, if return shipping is not payable by the seller in accordance with their return policy,

 the costs of returning the item are your responsibility. "

Indeed, the first page of the m-b-g state in bold letters, "If the item isn't exactly what you ordered, eBay will

make it right by covering your purchase price plus original shipping on virtually all items."

Again, no mention of return shipping.

Yet at the same time we also see from 

http://pages.ebay.ca/help/policies/money-back-guarantee.html#description

"When an item is returned to the seller
...The cost of return shipping is the seller's responsibility."

Then, for those who love to read and have too much spare time, the following link:

http://pages.ebay.ca/shipping/globalshipping/buyer-tnc.html

"International Returns. The returns policy specified by your Seller in his/her listing description of a GSP Item will apply to your purchase of the GSP Item. For GSP Items located in the United States that you purchase under GSP and that you return to your Seller, you will not be eligible for, and you will not receive, a refund of any Program Fees that you paid to Pitney Bowes and Pitney Bowes will not be responsible for shipping the GSP Item back to your Seller. "

I think the only thing to do is call ebay, as often as it takes, - perhaps ebay could suggest an agreeable solution

in this case.  If the item is returned that will likely be the only way to get back GSP costs and import fees.

Blechth, what a mess.  Another splendid reason to avoid GPS listings, in my opinion.

[mater721]

Yeah, a few things going on here...

Sellers can't over-ride ebay's basic policies. They can put whatever text they want in the listing, but if it conflicts with ebay policy the sellers conditions are not enforceable.

Buyer seems to want to keep the ring - even though stated it was wrong size.  I can't tell if ring was originally for buyer, and because of the "wrong size" buyer changed plans and wants to give as a present to someone the ring will fit.

Buyer needs to make a decision - keep the ring (to give to someone else) or file a complaint and try to get all money back.

I don't see how buyer can ask for refund if buyer wants to keep the ring.

[pjcdn2005]

"International Returns. The returns policy specified by your Seller in his/her listing description of a GSP Item will apply to your purchase of the GSP Item. For GSP Items located in the United States that you purchase under GSP and that you return to your Seller, you will not be eligible for, and you will not receive, a refund of any Program Fees that you paid to Pitney Bowes and Pitney Bowes will not be responsible for shipping the GSP Item back to your Seller. "

That refers to a buyers remorse return only, not to a MBG return. PB will refund the original international shipping and import fees for a nad item.  

If this was a gsp transaction the return shipping isn't quite as clear. The transaction is still covered under the MBG. If the nad is considered to be shipping damage, the buyer is refunded in full by ebay/PB and does not have to return the item. If the seller was at fault then PB still refunds the original international shipping cost and the import fees but the seller has to refund the rest. The part that

isn't totally clear to me is that although a seller is supposed to be return shipping for a nad, when it is a gsp item, the seller sent the item to Kentucky so should they still be responsible for return shipping from outside of the U.S.?  So far I haven't seen a definite answer on that or consistent results.