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shipping refund: Item Not As Described

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adjusterjack

Senior Member
Yes. But it would be the rare contract I would think that says “even if we send you something you don’t want and didn’t order, you still must pay to send it back to us.”
Not rare at all. I order frequently on the internet. Amazon and eBay offer free returns on many items. Other vendors make it clear in their terms that return shipping is paid by the buyer.
 

quincy

Senior Member
Not rare at all. I order frequently on the internet. Amazon and eBay offer free returns on many items. Other vendors make it clear in their terms that return shipping is paid by the buyer.
That can apply to items that were actually ordered or in the condition as ordered. A vender cannot send you just anything and then expect you to pay for its return.
 

Zigner

Senior Member, Non-Attorney
That can apply to items that were actually ordered or in the condition as ordered. A vender cannot send you just anything and then expect you to pay for its return.
Actually, a vendor CAN specify that in the contract.
In any case, it's very likely that the OP would spend more trying to get the shipping costs back than what the shipping costs were.
 

quincy

Senior Member
Actually, a vendor CAN specify that in the contract.
In any case, it's very likely that the OP would spend more trying to get the shipping costs back than what the shipping costs were.
A buyer would be awfully stupid to agree to that.
 

Rossie83

Member
Depends on the TOS of the site, not the law. On Ebay, I had to always pay for shippin to return an item. If I felt that was unfair, I did not have to buy an item there.
On other sites that I purchase from, I can get a total refund if I don't like the item. Just depends on the site TOS because you agreed to it at some point when you signed up whether you read it or not.

So, approach the site and ask them about it. But if the TOS is no, then you don't get a refund. Now, you can be nice to the seller and tell the seller, before giving them a bad rating or opening a case, that you are unhappy and you want to return the item and sometimes....they will refund all of your money. You return the item the way the site says you should, and then the seller sends you a refund for shipping privately through PayPal. If the photos show the exact condition of your item, then you received the item you paid for. Even if they advertised it as new and there was a huge stain on it and it was obvious. You can't complain. If it was new but somehow got a stain on it or mark and they put it in the listing, you have no recourse anyway. People also get buyers remorse and tear up items in purpose to send them back and get their money back, so sites and sellers are on the lookout for that. Looks like, IMO you experienced a TOS. You returned the item, and did not get reimbursed for shipping because that is the TOS on the website. And the seller is under no obligation further.
 
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Rossie83

Member
Yes. But it would be the rare contract I would think that says “even if we send you something you don’t want and didn’t order, you still must pay to send it back to us.”
If it is a company that is different. But if it was a marketplace like Ebay or Poshmark Mercari....if you get sent the wrong item, you tell the site and they pay for you to ship it back totally...because there is a record. I had that happen once. Ordered an item, I got a dress, I went to the sellers page and there was the dress as "sold" and I found the item I ordered it showed "sold" so I told the seller they probably got my item mixed up. And they did. So it was up to myself and the person who received MY item to send the items to each other per Poshmark's policy. The seller had nothing to do with it. On Poshmark, if you are unhappy within 3 days of receiving an item, you can return it, postage paid. The buyer has no say. But that is if you order a tea cup and they send you a coat. Not if you ordered a coat that was new or new without tags and it comes definitely worn. At that point you submit photos and they match them against the listing to see if the seller did accurately describe the item and they decide.

On Ebay, the buyer must pay for returning an item if a seller accepts returns and it is not reimbursed unless a seller is a nice person and wants to. Ebay does not require it. They send you a label, you slap it on the package, send it back to the seller, paypal releases the funds and the money comes back to you once shipping confirmation is received by ebay and paypal. But you will not get shipping returned. If a seller doesn't accept returns they can ask the seller nicely or they can open a case but unless it is a case of a gross lie, Ebay will side with the seller. Especially if the seller took 15 photos of every angle and they match up.

It really looks like a common transaction/return on Ebay.
 

Just Blue

Senior Member
Depends on the TOS of the site, not the law. On Ebay, I had to always pay for shippin to return an item. If I felt that was unfair, I did not have to buy an item there.
On other sites that I purchase from, I can get a total refund if I don't like the item. Just depends on the site TOS because you agreed to it at some point when you signed up whether you read it or not.

So, approach the site and ask them about it. But if the TOS is no, then you don't get a refund. Now, you can be nice to the seller and tell the seller, before giving them a bad rating or opening a case, that you are unhappy and you want to return the item and sometimes....they will refund all of your money. You return the item the way the site says you should, and then the seller sends you a refund for shipping privately through PayPal. If the photos show the exact condition of your item, then you received the item you paid for. Even if they advertised it as new and there was a huge stain on it and it was obvious. You can't complain. If it was new but somehow got a stain on it or mark and they put it in the listing, you have no recourse anyway. People also get buyers remorse and tear up items in purpose to send them back and get their money back, so sites and sellers are on the lookout for that. Looks like, IMO you experienced a TOS. You returned the item, and did not get reimbursed for shipping because that is the TOS on the website. And the seller is under no obligation further.
Please don't post to dead threads.
 

quincy

Senior Member
Depends on the TOS of the site, not the law. On Ebay, I had to always pay for shippin to return an item. If I felt that was unfair, I did not have to buy an item there.
On other sites that I purchase from, I can get a total refund if I don't like the item. Just depends on the site TOS because you agreed to it at some point when you signed up whether you read it or not.

So, approach the site and ask them about it. But if the TOS is no, then you don't get a refund. Now, you can be nice to the seller and tell the seller, before giving them a bad rating or opening a case, that you are unhappy and you want to return the item and sometimes....they will refund all of your money. You return the item the way the site says you should, and then the seller sends you a refund for shipping privately through PayPal. If the photos show the exact condition of your item, then you received the item you paid for. Even if they advertised it as new and there was a huge stain on it and it was obvious. You can't complain. If it was new but somehow got a stain on it or mark and they put it in the listing, you have no recourse anyway. People also get buyers remorse and tear up items in purpose to send them back and get their money back, so sites and sellers are on the lookout for that. Looks like, IMO you experienced a TOS. You returned the item, and did not get reimbursed for shipping because that is the TOS on the website. And the seller is under no obligation further.
This thread is from July.

Rossie, it is frowned upon on this site to revive old threads to add comments or questions. One reason is that the original poster is often long gone and cannot benefit from additional information, and another reason is that the original problem that brought a poster to the forum has long since been resolved. Depending on how old the thread is, laws could have changed in the meantime as well.

I understand that the conditions of a sale will determine the refund and return policies (for the most part).
 

Rossie83

Member
This thread is from July.

Rossie, it is frowned upon on this site to revive old threads to add comments or questions. One reason is that the original poster is often long gone and cannot benefit from additional information, and another reason is that the original problem that brought a poster to the forum has long since been resolved. Depending on how old the thread is, laws could have changed in the meantime as well.

I understand that the conditions of a sale will determine the refund and return policies (for the most part).
Yeah, but this is actually still current TOS on many sites and if you sell on Ebay or any other site, enough, you still get people returning items, tearing up items and saying they were not as described, and all sorts of things. So, it is still really relevant today.
 

quincy

Senior Member
Yeah, but this is actually still current TOS on many sites and if you sell on Ebay or any other site, enough, you still get people returning items, tearing up items and saying they were not as described, and all sorts of things. So, it is still really relevant today.
On this forum, it is considered an old thread and should not be revived by anyone but the original poster.

Topics might be “relevant” but this is not a discussion forum. We address legal issues that the original poster is currently having.

This thread is from July.
 
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