Item I received was opened

[emjay1993]

I received a bottle of skincare lotion today.

I bought it as "a brand-new, unopened, unused, undamaged item..."

Well, the item was opened. The seller put a purple tape around the lid of the bottle, as she said, to prevent it from spilling.

I don't know if any product was used, because being opened, I clearly can't tell.

I contacted the seller with my displeasure, as I wouldn't have bid on the item if she had been honest and said that it was opened.

She is trying now to say this is a new item and came to her this way. I don't doubt that, but she shouldn't have listed this item the way she did. It wasn't UNOPENED.

I clearly believe she was fraudulent in her listing and feel I shouldn't have to pay the price for her cheating.

I understand I will have to pay for return shipping. She also says I have to pay for restocking. If I do that, I will end up maybe $8 ahead of the game.

I bought this in good faith and now feel that I will be shafted.

[reallynicestamps]

No you don't have to pay for the return shipping.

The Dispute is Not As Described.

If the seller has a No Returns policy, she can refuse to take the item back or she can demand that it be returned, but she cannot refuse a refund.

The only question is who pays for the return, and usually in a NAD dispute, that is the seller.

You can open a dispute from the original invoice for 30 days from delivery.

Letting the seller know first is a courtesy, but you don't have to deal with her any more.

[emjay1993]

Hi reallynicestamps.

Thank you for your input.

I think I complained as this being arrived damaged, not NAD.

Does this still mean she has to pay for shipping?

[reallynicestamps]

Damaged is still Not As Described.

It is the seller's responsibility to pack for secure arrival and to choose a shipper who will deliver promptly and again securely.

[cutie.loves.beauty]

Hello, I may possibly be of some help. May I ask how you could see it was "open"? Was it something like a seal peeled back or or is there an obvious disturbance to the content? are familiar with this product and its packaging and if it comes sealed? Ive purchased this kind of product too. in my experiences its not super uncommon for sellers to tape lids down. it isnt my personal preference either to receive items in this condition and i dont personally practice it. In my eyes it is possible that your seller is not lieing. But I trust your story and your concerns. if its caused you to be uncomfortable then somethings wrong. im only sharing my 2cents 🙂 Ive purchased plenty items in this catagory and that combined with learning from personal encounters on ebay leaves me with one thing to say. I highly recommend sellers to clearly define if the item is sealed or unsealed because simply having a lid is not satisfactory for some buyers. I should point out though if you dont know for certain, not coming with inner seal isnt by itself a foolproof indicator that a product has been opened or tampered with. Id look for other signs of tampering before checking for seals unless I knew for certain it should have one . Lots of the time its very straightforward to see signs of a problem. But in conclusion, I dont believe this issue is a uncommon occurrence on ebay at all. I feel it it should be an essential disclosure going forward because Im certain this issue is happening way to often. Go ahead with your case and hopefully this seller will learn this valuable lesson. (Personally I did learn lots of things like this the hard way!) This is going to benefit them in the long run since if they are smart they wont let this happen a second time.

[emjay1993]

Hi lexbeauty.

Thanks for the feedback.

I hear what you are saying with regard to not knowing if something is opened or not. In this case, there was no seal whatsoever and no plastic wrap around the bottle. Just the purple wrap holding the cap in place.

I have been buying this product for over 20 years, and talked to the company directly so I know how it is packaged. If the product doesn't have the seal, then it has been opened.

The seller doesn't seem to understand that you can't list a product as new and unopened if it doesn't have a seal. I don't know what's in the bottle. Without a seal, it could have just water in there.

Anyway, I am going to proceed with asking for a refund because I feel the seller misrepresented this item.

Thank you for your 2 cents.