Seller Misrepresented Merchandise

DPW
New Community Member

On May 8, I purchased what I thought were 2 Miraclesuit swim suits from 2 different eBay sellers and had them sent to FL where I was visiting. Both arrived within 2 or 3 days. I alternated wearing them and left them in FL when I went home on May 14. In Aug, I returned to FL and pulled out my favorite of the 2 suits. That is when I noticed that the fabric in the suit had deteriorated around the front of the straps. Upon further investigation, I saw that the tag in the suit said Trim Shaper, a brand that sells for about half what a Miraclesuit sells for. I paid $79.99 for what was advertised as a $180 suit.

 

Because I was beyond the 45-day limit eBay sets to file a complaint, and I honestly thought the seller would honor her product, I emailed the seller directly. I showed her pictures of my damaged suit, the Miraclesuit picture that she had posted on her store, and one of the Trim Shaper brand that I received. (Another eBay seller was selling the Trim shaper suit this week, and the highest bid that day was $7.51.) The seller gave me platitudes including that "truly they could not offer a refund on a bathing suit, and especially one that had been worn and was now damaged." I contacted her again and said the material had deteriorated because it was not what I paid for. I suggested that perhaps she inadvertently sent me the wrong suit and, I was willing to accept $40 of the $80 I paid. No response, of course.

 

I contacted eBay and got the response I expected: too late, and you should have gone through eBay email. So much for doing what I thought was the right choice: giving the seller the benefit of the doubt. I wish I could post the seller's name because she knows she cheated me and knows she can get away with it.  BTW, don't let seller ratings lure you into trusting the seller. This one had a 99.9 percent. In addition to telling me that she truly cannot accept a return, she said that I should have checked to make sure the bathing suit was the one I ordered. I won't make that mistake again.

 

If anyone knows of a way to remedy this situation, please let me know.

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1 REPLY 1

kernowlass
Esteemed Advisor
Esteemed Advisor

Firstly i would contact your card issuer if you funded your paypal payment with a card and see if they will chargeback for her.

 

If that does not work then i would contact the seller again and state that unless you get a refund in the next 7 days you will be filing a claim in the small claims court. Tell her that you have the item and her item auction description which proves the items were not what was advertised.

 

I would also tell her that i will be contacting trading standards.

 

Now this will only work if she is a registered business seller on ebay.

 

You may not want to go down that route but if you make her convinced you will do then you may just get her to cough up.


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