Item not described accurately

[debsbargains2014]

I purchased a pair of white pants that were pictured within the description though no colour was described anywhere.  The pants have arrived but are brown and not white as per picture.  Seller has advised that I should of asked what colour they were before purchasing. She has now offered a full refund once I return the item to her and will repay my costs of the postage back.  

I have opened a case with ebay.

What do you suggest that I do?

[digital*ghost]

I looked up the possible purchase and if it's the Reagatta pants (281621489884) I would have to say that while the seller really should have clarified their colour, in the title, item specifics or description, the photo doesn't look like a true representation of colour either. By which I mean, I wouldn't have looked at those and thought they were white for sure, as the whole image has a sepia kind of tone to it, so they could have been beige, cream, light tan etc. 

All of which would kind of suggest they were neither accurately nor inaccurately described, but rather not described at all, in terms of colour anyway. 

The eBay case really takes any decision making out of both your and the sellers hands, there's now only one way to proceed, and that's to return them (unless of course, you decide to keep them, in which case you can simply close the case). I'm not sure I would have gone down that route if I hadn't confirmed their colour - like I said, the seller should have noted it, but at the same time in the absence of that, it really boils down to making an (incorrect) assumption about their colour rather than them being not as described, which isn't exactly the seller's fault. 

If that's not the listing in question.... disregard all of the above. 

[lyndal1838]

Your seller offered a full refund plus the postage to return them to her.

Why on earth did you open a dispute?

The seller is hardly likely to co-operate with you now that she has a defect from you.

[brittanymaree]

I opened the dispute as her response was that there was no refunds and it was my fault for not asking what colour the pants were.  

[springyzone]

  Brittany said

[ New ]

in reply to lyndal1838

an hour ago

I opened the dispute as her response was that there was no refunds and it was my fault for not asking what colour the pants were.

---------------------------------------------

Brittany, I take it you are also Deb's bargains? Otherwise, I have confused things.

But anyway, if you are the original poster, then I think opening a dispute was a reasonable thing to do in those circumstances.

If a photo misrepresents an item, that isn't fair to the buyer. I know cameras aren't always accurate but it is up to a seller to SAY when that happens. A lot of other sellers will mention if a colour is lighter or darker than shown in the photo.

In any case, I would expect a record of the colour to be in an ad, that is basic information.

I do think that in the circumstances, you probably should have asked though, because the photo was obviously a bit suss from what another poster said. And on ebay, I also think you have to accept that sometimes a colour may not be exactly what you expect, it could be a few shades different, that is a risk you take.

But if a seller has given an honest & competent description, then in that case a buyer should just cop it and not complain.

The reason I think it is fair to have opened a dispute is because of the unreasonable answer the seller gave. No, it is not up to each and every buyer to have to ask about colours, condition or whatever. A half way competent seller should mention basics. It was not in my opinion a competent description. So the seller should have accepted part of the blame.

Personally i think a fair outcome would have been for the seller to offer you a full refund on the orinal purchase & postage but for you to pay return postage as there was a little bit of error on both sides.

[springyzone]

I opened the dispute as her response was that there was no refunds and it was my fault for not asking what colour the pants were.

---------------------------------------------

Brittany, I take it you are also Deb's bargains? Otherwise, I have confused things.

But anyway, if you are the original poster, then I think opening a dispute was a reasonable thing to do in those circumstances.

If a photo misrepresents an item, that isn't fair to the buyer. I know cameras aren't always accurate but it is up to a seller to SAY when that happens. A lot of other sellers will mention if a colour is lighter or darker than shown in the photo.

In any case, I would expect a record of the colour to be in an ad, that is basic information.

I do think that in the circumstances, you probably should have asked though, because the photo was obviously a bit suss from what another poster said. And on ebay, I also think you have to accept that sometimes a colour may not be exactly what you expect, it could be a few shades different, that is a risk you take.

But if a seller has given an honest & competent description, then in that case a buyer should just cop it and not complain.

The reason I think it is fair to have opened a dispute is because of the unreasonable answer the seller gave. No, it is not up to each and every buyer to have to ask about colours, condition or whatever. A half way competent seller should mention basics. It was not in my opinion a competent description. So the seller should have accepted part of the blame.

Personally i think a fair outcome would have been for the seller to offer you a full refund on the orinal purchase & postage but for you to pay return postage as there was a little bit of error on both sides.

[harley_babes_hoard]

I would not think they were white I would have said cream, so obviously if we can't agree on the colour then it's not very descript. also brand new without tags then
"these are so comfortable" yeah right they are new!

[better-investment-than-shares]

The buyer has every right to open a dispute with the seller. The sellers discription of the item via description and photo sounds desceiving.

Why should the buyer ask the seller about the colour? The photo the "seller" supplied is the colour discription of the item. If not, then the seller is purely out to deceive. 

I'd be seeking the out of pocket cost for sending the item back as well. Ensure you send back via registered post and keep all receipts and take photos of item before you send.

Arm yourself with all the evidence you need and stand your ground and do not close dispute until "all" monies are refunded.

[englishrosegardens]

I've had this happen to me in the past but it's often been a case that there was something I missed in the photo.  If you look at the photo in this listing the pants clearly aren't white because they're a different colour to the hanger they're on, which is clearly white. 

A competent seller would have said what colour they are but that doesn't excuse the buyer from taking responsibility for looking properly at the photos and then asking if they weren't sure, which they wouldn't have been if they'd looked properly at the photo.  It's quite clear from the picture that they aren't white so there's no doubt about that side of it.

I'm older and wiser now so I don't make this sort of mistake very often now, and if there's no colour described or the picture isn't clear I won't bother with that item.  If I do buy this sort of thing and realise afterwards that I missed something in the photo, I don't expect someone else to pay for MY mistake.  I expect others to take responsibility for their mistakes and therefore I take responsibility for my own!

[better-investment-than-shares]

What!!!!!!!!!!!!!!!!

So if the pants are not clearly white are they clearly brown?

Come on, don't be delusional.

If the seller is to lazy to describe the item, they are leaving themselves open for disputes. 

The buyer in this case purchased the pants in good faith knowing the pants were not of "brown colour"

What you sellers need to get through your skulls, is that buyers just want a hassel free purchase. Get off your high horses!

[englishrosegardens]

I describe things better than most because I want my buyers to receive exactly what they expect to, but if I'm stupid enough to buy something with an inadequate description then I can't really complain if it's not what I was hoping for.

The OP has been around long enough to know that you can't rely on colours on a computer screen so if they're too lazy to ask then they shouldn't have bought. Just because the seller was too lazy/incompetent to write a description, that doesn't make it their fault that the buyer made assumptions about the colour.

Australian law in regard to auctions is caveat emptor - buyer beware. If you're going to bid on something with no description to speak of then you can't blame someone else if it's not what you expected.

Another person who obviously agrees with ebay and thinks buyers can do no wrong and that Australian law doesn't apply to online selling...