Seller listed wrong size jacket, refuses refund

[roflman69]

A seller has listed a jacket as size 46, however i received a size 48 jacket. The seller claims that photos and measurements of the jacket are correct and taken from the actual item, and is refusing to refund.

The photo is too far away and blurry to check whether the seller made a mistake in the title or not. A reasonable buyer would assume that it is size 46. Even with the product in hand, the seller clearly must've had trouble discerning the difference between 46 and 48, yet he believes its the buyers responsibility to check whether the listing is correct by using his blurry photo?

I know i am a 46 in this brand, and i did prior research to see whether a 46 in this jacket would fit, and i therefore expect a 46 in this jacket to fit me. I think it is reasonable to assume then that the measurements were for a size 46 jacket, as there is no indication anywhere on the listing that the jacket was actually 48. It is a puffy jacket so measurements are not as good an indication of fit as knowing your size in the particular brand and jacket.

All things considered, the seller admits to making a mistake in the listing but says its the buyers responsibility to check whether the item fits. I believe that i was (unintentionally) misled into thinking i was buying a size 46.

I haven't checked if the measurements are correct yet, i will do this soon.

[springyzone · Accepted solution]

If the listing specifically stated the jacket was a size 46, then you have every right to feel that you should not have to accept a size 48 jacket.

If the photos were not clear, that is the seller's fault.

What I think you should do is take your own photo, close up and very clear, of the label that says size 48.

I would not contact the seller again as the first thing they should have asked for was a photo from you and if he wrote size 46, it certainly was not your responsibility to double check that against his photo, if the photo was too blurry to make out. That is a seller error. It's his job to get his facts straight in any ad.

Take your own photo, then open an item not as described claim. Follow it through. State what the problem was ie the listing stated the jacket was size 46 but you were sent the wrong size, a size 48. Attach photo if you can as evidence.

Do not withdraw the case. Keep it open till the seller sends you a return label and you get your money back.

[roflman69]

Thank you for the fast reply, i have done exactly the steps that you have described.

I have sold items myself before and i cant imagine making a mistake on my listing and expecting a buyer to keep the item, i hope eBay see's my point of view and rules in my favour.

[lyndal1838]

Have you actually tried the jacket on?  

You may find that the 48 fits......the measurements of these puffy jackets can be deceptive.

[roflman69]

I've tried it on and it is too big by about one full size (46=small, 48= medium).

[*tippy*toes*]

Are you wanting to send the jacket back for a refund, or just get a refund?

Me personally, I love a size bigger. It allows more room to move. If it's particularly cold (it snows where I live), it allows me room to add extra layers under the jacket. Most of the time, the jacket alone is enough, but when it gets down around minus 10, I need another layer or 2 underneath. Having a size bigger allows that. Each to their own though.

Open a dispute and make sure you follow the rules and send the jacket back.