Post # 1
just wanted to get some advice from ppl who are familiar with ebay-
this is my story: I purchased a reception gown off ebay and the seller listed it as new with defects, but in their listing goes on to say that the gown is a sample so its been tried on and sold AS IS. I assume this is why it has “defects” and the photos attached shows minor dust on hem.
Fast forward after i bid and won the item but have not paid- I ask the buyer about the dust and they tell me that it has a 1inch tear on the netting fabric on the skirt of the gown (The skirt of the gown is like tulle). They said it wasnt noticeable and i ask them to send me a photo and it WAS noticeable!
Now I dont know what my options are. I havent paid throught paypal, but i have won the bid and my paypal is linked to my ebay account. I told the seller that i was going to show my seamstress and the seller became impatient and rude saying that i won the gown and it said AS IS on the listing and they listed it as new with defects so it was disclosed there (even though the tear was never mentioned) and if i didnt know about the defects until later then it was my problem. I dont really want the gown now because im not sure if it is fixable- should i just pay up and maintain my rating or dispute this through ebay?
Can ebay just take money out of my paypal? Any other bees been in this postion?
Post # 3
you should have asked those questions before bidding!
ebay can’t just take your money out of paypal, but the seller can file a complaint against you. have you read ebay’s terms closely?
ask the seller if she will cancel the transaction. if she won’t (and she doesn’t have to) it will go to ebay’s resolution center.
Post # 4
@villageidiot:How much is she asking for the dress? That is a major factor.
Post # 5
Unfortunately, you didn’t ask for any pictures or a better description before you made the purchase. I think you are stuck with it. TFrom what you have stated, the listing did say the gown has defects, so that would have included the small tear. Also, the tear is probably more noticeable because the seller sent you a close up. Do you have a link to the listing? That would help us decide if you might have any recourse.
Post # 6
Ahck, I got into something similar to this a while back. They can not just take the money from your Paypal account, but the seller can open a complaint case with EBay if you don’t pay within 3 days (I think this is the amount of time, but I’m not 100% sure). And you can bet that she will. And then you’re in a bigger mess.
I hate to say it, but you should have sent her a question asking about the exact defects, because that will be her arguing point. I sympathize with you, but I would pay for the dress. Almost anything is fixable if you find a great seamstress. Could you just call the seamstress now and explain – she should be able to give you an answer over the phone, no?
Post # 7
Is the rip near them hem? If so, it might possible that when/if you get it altered to fit you, there won’t be any issue at all?
EBay cannot just take $ from your PayPal account, but an auction is a legal contract, and the seller can file a dispute/complaint against your ebay account.
Post # 8
eek! Ive used ebay here and there, but i never had any problems because the seller have disclosed to me faults so I guess i got complacent…
@kitzy- what does it mean if they file a complaint?
@soladylike- it was $99
I spoke to my Fiance and he said that under no circumstances am I to pay- hes very principled and he told me once money is exchanged it will get even more messier..
but my bestie said to pay and then when i get the dress look at it closely and if im still not happy then file an action about the product not being as described and get my money back through paypal…
Post # 9
@villageidiot: I agree with your bestie, haha. You really have no case right now. It was listed as having defects, you didn’t inquire further about them. Sucks, but true.
I’d do exactly what she said… pay, and inspect it once it gets here. And like a PP said, if you need to get it hemmed, it may not even matter!
Post # 10
@villageidiot: You agreed to buy something that was stated to have “defects” and sold “as is”.
You didn’t ask about the defects prior to buying, then that falls on you.
You agreed to the sellers terms of “as is” and therefore you owe the seller their money.
Also the product IS as described, it has “defects” and was sold “as is”. It was on you to ask for the rest of the information as the seller was offering full disclosure.
Post # 11
ebay can’t take money, so you can just not pay and have your rating lowered, that’s all that will happen. If you never used ebay before and your rating is already -1 you may not be able to bit for some items in the future.
But yeah, sellers hate buyers like you, rightly so.
Post # 12
The seller is in their right to file a complaint for nonpayment, if you don’t pay. Like another poster stated, you entered into a contract when you bid on the item. The seller has to pay fees on that sale and they won’t be happy, if you want them to forfeit those fees, for you not taking the time to ask questions, prior to making your purchase. You can ask the seller to cancel the transaction, but I can’t guarantee that they will. I think your Fiance is wrong in telling you not to pay. If you don’t pay, you will run the risk of being banned from making future purchases on eBay and I am sure the seller will give you bad feedback. Feedback can be disputed, but if the seller just states the facts, it definately won’t be removed. I agree with your bestie that you should pay for it and decide what to do; however, filing an action stating “item not described” probably won’t work because “defects” according to you, were stated in the listing. Again, my question is, do you have a link to the listing?
Post # 13
@villageidiot: Pay for it, it’s a good deal. Once you can get it altered and dry cleaned nobody will be able to see it.
Post # 14
I buy and sell a lot on ebay.
There’s a way for the seller to say that you didn’t pay, nothing is held against you and he can relist it without paying a new relist fee.
Just ask the seller! It’s pretty common to not buy something after you’ve won an auction. I’ve had lots of sellers bid on the wrong size by accident.
Post # 15
And by you not paying, it doesn’t give you a negative remark. Just say you weren’t informed before the auction.
Post # 16
Thank you all again…
my rating is 84- ive purchased 83 times and sold once so i dont know it that will effect anything…
If you ladies dont mind me clarifying something about the listing though- the seller listed it as new with defects, but in the actually listing describes the dust on the hem and also shows multiple photos of the dust on the hem but didnt mention the tear at all- so i guess thats why i didnt inquire….but i understand your point and i should have double checked to make sure…
When the seller told me about the tear he apologised and said that he forgot to put it in the listing because he thought he answered it in another persons inquiry (the bottom bit that says the questions on the listing) but it wasnt there…
with all that being said- i appreciate all the advice you bees have given me…i think ill just go ahead with the purchase, but it still makes me feel a little jipped!