item purchased is not new as stated

[dimarkmax]

Hi I am sure other buyers have had this problem.I always try not to buy NEW WITHOUT TAGS but this time I did.The jacket clearly has been worn.I have emailed seller and am awaiting a respose.Where as a buyer do I stand lodging a paypal dispute?

[digital*ghost]

Hopefully the seller will respond and you will be able to resolve the matter with them.

If it came to a PayPal dispute, you would need to open a case for SNAD (significantly not as described). You can communicate with the seller via the dispute, but if still not able to resolve or the seller doesn't respond, you would need to escalate it to a claim within 20 days of opening the dispute, and PayPal will decide on the outcome, so when you add details about the case to the dispute, be sure to include all relevant information / evidence.

The most likely scenario in that instance, unless the seller can provide convincing proof that the item was brand new, is that PayPal will instruct you to return the item to the seller (at your expense, using a postage service that gives you proof of post, so something like Click & Send or signature on delivery), after which you should get a full refund of the original payment. (Partial refund requests or not sending the item back for a refund are generally not entertained for situations like this).

[thecatspjs]

Misdescription of new without tags drives me nuts as it happens way too often with my purchases. 

I usually find sellers are suitably embarrassed when politely messaged and advised and I always request nicely that post reimbursement by seller would seem fair, given their oversight. 

I always advise seller in message that I have opened a simultaneous paypal dispute so they can formalise their refund offer (and post return paid offer) as well as for buyer protection address verification purposes. I try to do this as tactfully as one can, but some sellers do get cross that you have opened a dispute.

I usually always open a dispute for return seller address verification via paypal (unless seller uses click and send or e-parcel and their address details are available on the post label and consistent with listing seller location) - I got burnt two or three times early in my ebay buying history with sellers providing different addresses than their paypal one on record.

[dimarkmax]

Thanks I also sell and would never say an item was new.{I rarely sell used only if the item is in excellent condition}I also find that having to pay for the return postage offensive when the buyer obviously knows the item is not new.Anyway I shall see if the seller replies to my email and yes I was very polite!

[dimarkmax]

Thanks.I just find it offensive to have to pay for the return postage!!!!!!!

[digital*ghost]

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@dimarkmax wrote:

Thanks.I just find it offensive to have to pay for the return postage!!!!!!!

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I do too, but unfortunately it's something that is pretty much entirely in the hands of the seller. Many sellers wouldn't let one of their buyers be out of pocket for their own errors, but if they won't there's not really anything you can do to force them to pay up. 

[retailtherapist_8]

I know how annoying that is.....imagine my suprise when an item decribed as NEW WITH TAGS arrived worn & resoled hahahaha!

New without tags is the most mis-used term on ebay. New does not mean worn once, does not mean worn only a couple of times.....it means NEW unused sheeeeeesh.

 Hope the seller sorts this out for you & makes thngs right. 

[springyzone]

Totally agree.

Some sellers really misuse that term, but the one I find most misused is "only worn once". or a couple of times. If you believed ebay ads, there is practically no item that is ever worn more than that!!

I would rather someone was honest and said used but in excellent, as new condition, or very good condition or whatever. Although a friend and I have had experience with buying some things listed as excellent and the faults aren't mentioned. It annoys us no end as when we sold, there is no way we would have done that.

Sometimes you wonder if the seller's brains have gone begging. I bought shoes listed as only worn once for a few hours as bridesmaid.

Daughter commented on the soles when they arrived-these are well worn, pitted, worn down etc

Do they think you won't notice??