eBay dispute, so upset and angry 😞

[RobbStarksBitch]

I purchased what I thought was a designer wedding dress on eBay. Just to clarify it wasn't from china etc, it was from a uk seller listed as being used. Dress arrived and it was clearly a reproduction.

Tbh it was still very pretty but I spent more on it then I would have wanted to if I had known.

Lots of messages back and forth between seller and I, first she was being very civil and claimed to not know it was a fake she also discloses that actually the dress is brand new and she bought it from ebay herself and never wore it. I asked for a refund and she agreed.

Was packing the dress up to send back when I get a message through to say she's spoken to ebay and they said she doesn't have to issue a refund because she didn't use the word genuine (technically correct but she listed it under the designers name and never once used the words reproduction or based on etc) the dress was listed in the designers name in the title, description and item specifics. I've just put in a dispute on eBay because I feel she missold the dress and I should receive my money back (I'll lose out on about £20 between p&p the first time and having to send it back)

She can't be right can she? She clearly listed the dress under this designers name. How can ebay side with her? I'm so upset, this is meant to be my wedding dress and now it has such bad feeling attached to it. Which of us if being unreasonable?

I know in the grand scheme of things my problems are nothing. I'm 3 months post pregnancy and was so looking forward to trying the dress on and feeling pretty. Now I just feel like a mug

[araiba]

ask her to forward you the message that ebay sent her...

she is making it up.

follow the procedure and get your refund

[RobbStarksBitch]

Thank you for the reply, that's what I thought! She went from coming across as a really nice person to being really cold and nasty. I just feel stupid!

[badtime]

I doubt that ebay told her anything of the sort.

[grocklebox]

You're upset because you think ebay have sided with her, but you haven't had any response from ebay. So don't you think you are seriously over-reacting?
Just dispute. If it was listed as designer and it isn't it will be very simple and you will be refunded.

[BlueGoddess]

If you paid by paypal then you will more than likely get your money back - they favour buyers!

[RobbStarksBitch]

I'm not upset because I think ebay have sided with her. I'm upset because I thought I'd found my dream dress for a price I could afford and it's all god pair shaped. I'm upset that I was taken it by it and feel stupid. I'm also upset because she seemed like a nice person and now has just turned on me. I'm just waiting for a reply from ebay.

[grocklebox]

its just a business transaction, treat it as such. Who cares if she's a nice person. You're taking it all far too personally.
Get your money back and buy a dress in person.

[ThePeoplePleaser]

I'm sure she's lying because if you list something as a designer on eBay you get a warning message reminding you to take it down if you know it's a FAKE. She's bluffing and you need to push to get your money back. Please update us, I need to know this scammer is sorted out!

[LastTango]

I see how you feel.........but will anybody at your wedding actually KNOW it isn't a 'designer' dress? And will they care?

[hellsbellsmelons]

You are not allowed to claim it's a designer anything on ebay unless it really is.
I've listed designer bags before now and had them removed although they were genuine.
Ebay don't take any chances with this kind of thing.
I think you'll get your claim upheld by ebay so try to not to worry.
And definitely ask to see a copy of the email that ebay sent her!

It must be heartbreaking to find the dress of your dreams and it turns out it isn't that at all.
But you'll get the right one.

[badfurday]

100% what blue said.
eBay and paypal always side with the buyer. As a seller this is a pain in the arse and I have been taken advantage of on more than one occasion.
Get a refund and live and learn from it.

[helenenemo]

They will almost definitely tell you to send it back for a refund. If it's a fake, they may tell 6 it not to send it. If the dispute us on ebay the seller has to pprove it isn't fake. If on PayPal, the buyer has to get written proof that it is fake.

Also, she will have to refund your original postage.

[RobbStarksBitch]

Thanks everyone for your replies and I'll definitely update when I have more news.

I'm not worried about not having a designer dress. I never thought I could afford one in the first place. It's just I never would have paid the amount I did if she was upfront about it being a knock off. Also (sorry not drip feeding just realised I hadn't added this) the dress is very pretty and fits like a glove from the bust down but it has a lace boat neck and straps at the back which do not fit properly and would need quite a lot of work to be altered. It's not because it doesn't fit me personally, it's because there is to much material and it is not stitched in the correct place so it hangs properly.

[CoffeeTea103]

Hi op, I also had to go through the dispute process a while ago. They do tend to favour the buyer, and as long as you paid by paypal you should be fine. Good luck

[helenthemadex]

I find it hard to believe that ebay have said that to her, if she has used a designers name and its not genuine they will warn her, raise the dispute to a claim and in the messages tell ebay the dress is a fake/copy they will not side with her you will get your money back everything you paid her including post and packing, you will have to pay to return it to her make sure its sent by trackable signed for either post office or my hermes etc

if you have any doubts talk to ebay directly for advice they are very good, you can do online so they can look at the actual listing to see what it said

it must be upsetting when it is your wedding dress but you will get your money back and can buy a proper dress

[Aeroflotgirl]

She listed it under the designers name so it is not for example a Vera Wang dress. I would go through e bay resolution centre, they refund you whilst getting the money back from the seller. This happened to me with a fake Gucci bag. Seller told me that e bay told him that I would need to close tge dispute before he could refund me. So I called e bay, straight away was refunded in my paypal account.

[Viviennemary]

I didn't think ebay even allowed reproductions or fakes to be sold.

[Aeroflotgirl]

Don't communicate further with the seller open a dispute and communicate through there. If no joy, escalate it!

[SistersOfPercy]

Haha she's on another planet. OP, cease communication and take the following steps.

1. Go to Paypal and open a case for 'Item Not As Described"
   

1. In the dispute console just simply state "Seller sold the dress as being by A DESIGNER and it isn't". (Don't mention fakes or you will have to verify etc and it's long winded)
   

1. Escalate the Case as soon as you are able to. Ebay will then tell you to return the item.
   

1. Return back to seller via trackable means. MyHerpes or Collect+ might be cheapest.
   

1. Come home, have a cuppa, input tracking number into the dispute and wait for your refund.
   

1. Leave VERY negative feedback and 1 star in EVERY category.

[Pipbin]

Isn't this covered by the 'distance selling' regulations where they have to give you a refund regardless?

In a shop, where you can see an item, you are only legally entitled to a refund if the item is faulty. However, when you buy online then you are entitled to a refund within 14 days for any reason because you haven't had a chance to inspect the item. Clothing for example, you can't try it on.
Also, I believe that the law has now changed and you are entitled to the cost of posting an item refunded too if the item is faulty.

[Pipbin]

www.ebay.co.uk/gds/Distance-Selling-Regulations-And-eBay-/10000000000140381/g.html

[Pipbin]

It seems that individuals are not covered by the distance selling regulations, however I did find this:

^Many individuals sell unwanted gifts or items that they no longer need.
Here you're buying from a private seller in the same way as if you were buying from a classified advert in a local paper, and the principle of 'buyer beware' applies.
When you buy from an individual, the Sale of Goods Act says that the goods you get must be as they were described to you.
For example, something second-hand should not be described as new. If it is, the seller is in breach of contract.
If a seller takes your money, but then sends nothing, they would again be in breach of contract.
Some people who sell through eBay may be doing so much business that they are considered traders rather than individuals.
In this situation you would have the same rights as if you bought from a business, but you would have to find evidence that the seller is indeed a business if you wanted to make a claim against them as a business seller.^

www.which.co.uk/consumer-rights/problem/ive-got-a-problem-with-something-i-bought-on-ebay

[SistersOfPercy]

SOG act is muddying the waters really Pipbin, OP doesn't need to go that far into it, opening a Not As Described case will achieve the same result.

[Aeroflotgirl]

Open a not as described. E bay and paypal usually favour the buyers.

[BramshawHill]

Sistersofpercy - sorry to tangent but MyHerpes made me chuckle