Ebay dispute via PayPal, am I being fair with asking for a part refund/advice please?

Flare · 24 Nov 2011 at 09:46

Last week a bought a pair of shoes off ebay and were described as:

They have only been worn 5-6 times at most and are in good condition and I have the box.
Great pair of shoes, 99% perfect condition.

However, when I got them I noticed that one of the shoes is coming away from it's sole at the back:

This is obviously not what I would describe as 99% perfect condition and will need professionally repairing otherwise water will quickly get in to them ruining the shoes from the inside out.

I have contacted the seller stating the problem:

Hey,
I received the shoes very quickly which made me very happy but then I noticed there is quite a major problem with one of the shoes which makes the condition far from 99%, the sole at the back of the right shoes is coming away from the shoe itself. If you give me your email address I can send you a picture of the problem.

No surprises with how the reply went:

Hi. Double checked this item before i posted it and I know that the sole was not coming away. If you have decided you don't like them the description said no returns - sorry. But if you take a picture of the problem I will have to assume you have tampered with them to prove your point. As I said I double checked this and every item I post before packaging and I know for a fact they were not broken.

My next step is to open a dispute through PayPal but I want to keep the shoes and get them repaired because I have been trying to find them for months and they are a £140 pair of shoes which I got for £70, so I am going to ask PayPal for a 50% refund which should cover the cost of getting them repaired (I think/hope). Would you guys say that is fair? As far as I can tell, the seller has no decent pictures of the shoes which prove they were in perfect condition before they were sent so my chances of getting the 50% refund look good?

Thanks,

Flare

iamtheoneneo · 24 Nov 2011 at 09:49

Nothing worse then a buyer that wants to **** around with taking money off a sale bc somethings faulty....there I said it.

Sorry but they are faulty I agree so send them back and get PP to give you a full refund -dont mess about please it just agrivates the situation even more.

gillywibble · 24 Nov 2011 at 09:49

He should foot the bill.

Flare · 24 Nov 2011 at 09:52

iamtheoneneo said:
Nothing worse then a buyer that wants to **** around with taking money off a sale bc somethings faulty....there I said it.

Sorry but they are faulty I agree so send them back and get PP to give you a full refund -dont mess about please it just agrivates the situation even more.

Did you miss me say: "I want to keep the shoes and get them repaired because I have been trying to find them for months and they are a £140 pair of shoes which I got for £70"

gillywibble said:
He should foot the bill.

You think I should get them repaired and then open a dispute?

Burned_Alive · 24 Nov 2011 at 10:01

I would just get a full refund.

PaulyD · 24 Nov 2011 at 10:06

gillywibble said:
He should foot the bill.

I would just get a refund as well rather than mess around with the dispute, getting the refund, repairing them etc

SeraphX · 24 Nov 2011 at 10:24

why on earth would anyone buy used shoes?

elmarko · 24 Nov 2011 at 10:29

Seraph said:
why on earth would anyone buy used shoes?

A good question, I assume it's because these have a label on them.

Wghennessy · 24 Nov 2011 at 10:33

elmarko1234 said:
A good question, I assume it's because these have a label on them.

Why on earth would anyone care, he bought used shoes....big deal.

In response to the OP, file a dispute for a full refund as faulty. Im not sure how paypal works but ive never known a part refund dispute come off....

You dont want to be stuck with faulty shoes which you have to pay to repair..

iamtheoneneo · 24 Nov 2011 at 11:37

Flare said:
Did you miss me say: "I want to keep the shoes and get them repaired because I have been trying to find them for months and they are a £140 pair of shoes which I got for £70"

You think I should get them repaired and then open a dispute?

No I heard what you said but my point still stands, you must return the item in the condition that it was delivered to you. Not go and repair it and expect some sort of refund - doesnt work like that.

So send them back,get your money back and leave it at that.

Burnsy2023 · 24 Nov 2011 at 11:40

gillywibble said:
He should foot the bill.

And get postage refunded to boot.

edscdk · 24 Nov 2011 at 11:54

lol to the "But if you take a picture of the problem I will have to assume you have tampered with them to prove your point"

I NEVER buy an item that states "no returns" unless its sold as faulty....

I NEVER list an item saying "no returns"

I bet he never spotted the issue and really does think you are trying to scam him

pepsilol · 24 Nov 2011 at 11:56

Dispute, return, refund.

Find another pair.

arknor · 24 Nov 2011 at 11:59

superglue it and move on , tell him to refund you the cost of the glue if your a cheap ass

moogle · 24 Nov 2011 at 12:05

Flare said:
As far as I can tell, the seller has no decent pictures of the shoes which prove they were in perfect condition before they were sent so my chances of getting the 50% refund look good?

How'd you know that. He might have not put proper pictures in the listing but he may have taken some before he packed and sent it if he was clever.

Morgoth · 24 Nov 2011 at 12:08

You are the buyer. Your chance of a refund is near 100%.

Ascendancy · 24 Nov 2011 at 12:56

Lol you're the buyer in an eBay transaction. Just claim you never received anything and keep the shoes and the money.

pepsilol · 24 Nov 2011 at 12:57

Ascendancy said:
Lol you're the buyer in an eBay transaction. Just claim you never received anything and keep the shoes and the money.

londonbairn · 24 Nov 2011 at 13:01

I would file a claim, it's irrelevant if he writes no returns, it's still covered under SOGA and if he did not highlight that issue, then get your money back and send them back to him. Don't bother repairing, buy new shoes next time.

Nexus · 24 Nov 2011 at 13:08

rafster said:
I would file a claim, it's irrelevant if he writes no returns, it's still covered under SOGA and if he did not highlight that issue, then get your money back and send them back to him. Don't bother repairing, buy new shoes next time.

The SOGA and Distance Selling Regs only applies to Business sellers.

A Private Sellers listing can of course be disputed if it's not as described, which is obviously the case here, especially given the Seller's reaction. The best course of action though would be just to return them, but as the OP says he really likes them, that leaves you in a bit of a pickle over trying to argue some money off them.

I'm personally always honest when I list something on eBay, I'll even point out at my defects along with pictures so I know that there can't be any come backs.