Was sent wrong eBay item-- how can I get a refund?

[loneytunes]

Hello,

To summarize a long story short: I ordered a new pair of shoes from a seller on eBay.  I paid via credit card, and the shoes arrived.  However, they were the wrong size, so I went to request a return.

Here is where I made my mistake, although I would argue that eBay's return categories should be more mutually exclusive..  I had requested the return as an item that was "Not Fit" (I forgot the exact phrase).  Basically, saying the item doesn't fit somehow counts as "buyer's remorse", but what I meant to get at was that the shoes didn't fit because I was sent the wrong size.  However, the seller was technically allowed to deny my return request, which he did.

So I contacted eBay by phone, and they told me to contact PayPal, which I did.  I was put on hold for over 45 minutes, so I ended up just emailing PayPal about my issue.  They replied several days later with a denial and the following message:

"Thank you for contacting PayPal about your recent claim. When a buyer and seller are unable to agree on a resolution, we investigate the claim and decide the outcome. Once we have made a decision regarding whether this item is "significantly not as described," it will be considered final and cannot be appealed.
 
We make this decision based on the guidelines outlined in our User Agreement and after careful consideration of all available materials provided."

I don't understand the "significantly not as described", as the shoes are clearly the wrong size and I can prove that.

What can I do to get my return?  I find the whole process tediously long and somewhat hopeless, not to mention disappointing and infuriating.

Thank you all for your time,

Chuck

[loneytunes]

I don't normally like to bump posts, but this is a matter that needs to be resolved.

[kernowlass]

@loneytunes

How do I open a dispute with a seller when a purchase goes wrong?

You can open a dispute in the Resolution Centre of your PayPal account within 180 days of payment if:
•You don’t receive the item
•You receive an item but it’s significantly different than the description on eBay or on the seller’s website

By opening a dispute, you can communicate directly with your seller to work out a problem transaction.

If you reach an agreement with the seller you can close the dispute. If you're still not happy with the result, you can escalate the dispute into a claim. We'll review the claim and decide on reimbursement.

These steps apply to Personal accounts. If you have a Business account, please log in to see the steps that apply to you.

To open a dispute:
1.Log in to your PayPal account.
2.Near the bottom of the page, under 'More about your account', click Resolve a problem in our Resolution Centre.
3.Click Dispute a Transaction.
4.Select the button beside the transaction you want to dispute, then click Continue.
5.Select ‘Item dispute’, click Continue and follow the on-screen instructions.

Note:
•Generally buyers must wait at least 7 days from the date of payment to escalate a dispute for an item not received
•Where an item has not been received, please ensure you have given the seller enough time before opening a dispute

https://www.paypal.com/webapps/mpp/first-dispute

DO NOT CLOSE THE DISPUTE UNTIL YOU HAVE A CLEARED REFUND OR YOUR ITEM WHATEVER THE SELLER SAYS. ALSO DON'T FORGET TO ESCALATE THE DISPUTE TO A CLAIM WITHIN 20 DAYS IF THE SELLER DOES NOT REFUND.

If that does not work then if you funded your paypal payment via a card then contact your card issuer and see if they will do a chargeback for you.