katmommy
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posted on March 8, 2002 09:58:10 AM new
I bid and won 2 pairs of kids jeans. The description states one having little wear and one no wear at all and her TOS stated no returns. I got the jeans yesterday and as soon as I held up the light pair of jeans I immediatly noticed 2 yellowish spots about the size of a quarter each smack in the middle of a leg. I emailed the seller and nicely mentioned the stains and that I realized she has NO RETURNS in her TOS but then again she didnt mention stains!
I cant see how the stains were overlooked unless she sold them to me in the dark. She has 150 feedback rating with no negs. With my luck..she will email me and say "Tough luck" (I seem to get those types of sellers when I am not happy with an item). Luckily, She has already left me positive feedback.
My question is: If she offers a partial refund, do I ask for half of what I paid or what? She might say to send them back for a full refund but I am wary of that. I certainly will not pay for shipping it back.
MEOW
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ahc3
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posted on March 8, 2002 10:30:36 AM new
Wow, a clothes seller with no refunds and perfect feedback. That seems unlikely. Well, her TOS say no refunds, but the item was defective. I would ask for a replacement for non defective merchandise. If she doesn't, I would have no problem giving her a neg and moving on.
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mballai
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posted on March 8, 2002 10:46:47 AM new
It would be expedient for a seller to just give you a refund on something like this. If the product is defective, it's a waste of postage to return it.
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mrfoxy76
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posted on March 8, 2002 10:59:57 AM new
how did u pay? if she says no just charge it back if u used a CC
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quickdraw29
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posted on March 8, 2002 11:04:22 AM new
Are the spots obvious to others (passersby) while being worn? If they are then seller has to give refund; If not seller does not have to give refund. It comes down to, do the pants serve their purpose, and looks obviously play a part in that unless you bought the pants to play in the dirt or where looks are unimportant such as painting the house.
There is a law concerning this. (Implied Warranty) All sales final does not count when the item you bought does not serve its purpose. If seller said "as-is" you would have been stuck.
Kindly mention to seller the Implied Warranty law, and also say why you feel the pants do not serve their purpose. Don't accuse seller of being a scammer. Simply say "perhaps their has been an oversight..."
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trai
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posted on March 8, 2002 11:23:20 AM new
Where these new or used?
"She has already left me positive feedback."
Silly seller!
"do I ask for half of what I paid or what."
If the stain is that small, I would not ask for half.
Best to just let them know and see where it goes. They may of missed it for one reason or another.
Do let us know how it turns out.
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mrfoxy76
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posted on March 8, 2002 11:27:45 AM new
why is it silly of the seller to leave feedback everyone IS OBSSESSED with that.
if she has 150 + i bet she will either take them back for a full refund or come to a reduced price.
then you can leave the + feedback in return
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quickdraw29
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posted on March 8, 2002 11:32:32 AM new
It's silly for the seller to have left feedback because some buyers feel that is a green light to air our their anger by leaving the seller a neg with no threat of one in return, and that does not force the buyer to cooperate.
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ahc3
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posted on March 8, 2002 11:43:09 AM new
I agree that by leaving feedback first, the buyer has lots of options open to them without worrying. Even that big thread we had here about the buyer who was unsure about the copyright and was unhappy about the shipping cost, if the seller did not leave feedback first, I don't think we would have had that discussion.
I am happy with my policy of not leaving feedback first. With Vrane doing it for me automatically, it is one less thing I have to worry about doing.
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mrfoxy76
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posted on March 8, 2002 11:58:58 AM new
so basically you guys do not bother to leave feedback until somone leaves you....i love this policy....if you STAND by your products then there really is no problem leaving feedback first.
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ahc3
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posted on March 8, 2002 12:06:42 PM new
I do stand behind my product, 2000+ total positives and zero negatives. Some neutrals that were not warranted bothered me. I believe had I not left the positives first, I would not have gotten those. It is to help avoid negs, and works just fine. No complaints from buyers...
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katmommy
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posted on March 8, 2002 12:37:52 PM new
AHEM! Please get off the feedback topic..its been overkilled in 5 million other threads. Thanks : )
MEOW
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katmommy
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posted on March 8, 2002 12:40:48 PM new
The jeans in question here were described as showing no wear. Nothing was stated as to "sold as is". I purchased these for my daughter for next school year and since these jeans are a light khaki color..yes..you can see the stains.
MEOW
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BananaSpider
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posted on March 8, 2002 12:42:40 PM new
Sounds more like a misrepresentaion than a defect.
If they had been represented with stains, how much would you have paid? Nothing? Half?
This is what you should base an acceptable refund amount.
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katmommy
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posted on March 8, 2002 01:15:10 PM new
Bananaspider:
I wouldnt have bid or paid anything if the listing said they had stains. As I said, I purchased these for next school year. I used the term defective in the sence that they werent in the condition I expected them in.
MEOW
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REAMOND
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posted on March 8, 2002 01:24:52 PM new
"As is" is meaningless if the seller misrepresented the item. You can't misrepresent an item and then claim a "no return policy" or sold "as is".
If a seller could do this, there would be no recourse for fraud or misrepresentation, or implied warranties.
Explain to the seller that these policies can not apply when an item is misrepresented. Ask for a refund. If you don't get it, FACTUALLY neg the seller.
I can't imagine how financially desperate a seller must be to to purvey a misrepresented item for what I amassuming is a small purchase price and then attempt to further screw the buyer with a no return policy.
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alwaysbroke
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posted on March 8, 2002 01:29:54 PM new
katmommy,
I know a refund is what you deserve for misrepresentation. However, if you get really stuck with the jeans, I can give you the name of a product that I started using 2 weeks ago. No, I don't sell it, it is found in every store. It has not faded any clothing I've used it on. Ok, I'm done being June Cleaver, now. I'll crawl back into my hole.
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katmommy
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posted on March 8, 2002 02:44:16 PM new
alwaysbroke:
I'd love the name of the product you mentioned. I happen to have 2 very messy children <g>
MEOW
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alwaysbroke
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posted on March 8, 2002 03:07:48 PM new
katmommy,
These are sold at grocery stores, K-Marts, Wal-Marts, drug stores. I only tried these cleaners for the first time about 2 weeks ago, and I've been going into old clothes and fixing them!
Rit Fabric Treatment, Super Stain Remover: 8-oz in fat, purple bottle. Retail is $3.49, but is probably cheaper. It has never, ever faded the color out of anything (not even blue jeans, red, turquoise). They might stock it with the Rit dyes by mistake. This bottle will last a long time.
I also use these specialized products, they work most of the time. If not, then I use the one above:
Carbona Stain Devils in 1.7oz little yellow bottles. (1)Fat, grease & oil (2)rust (3)coffee, tea & cola. Should be stocked in with Shout, but sometimes they get stuck in with the dyes, too.
I give this last product a 100% success rating. I have rebaptised every white piece of clothing in this, and they look like new and are soft again:
Yellow Out - removes yellowing and rust stains from white laundry. Never use on anything with color, it will be white!!! My family thinks they have new undies. I even use it on my white delicates. Most excellent on socks the kids run around the house in. Bottle says 2 hours. For really bad-looking things, I soak them over night and - wallah - a miracle!
 I wish I had known about these a long time ago. I tried so many stain removers that are a big waste of money. I believe these products have been around a long time!
Good luck!
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quickdraw29
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posted on March 8, 2002 03:09:32 PM new
If fraud is involved, "as-is" is meaniless, but go ahead and prove fraud! These were small spots and I could see how they were missed if it wasn't carefully inspected.
It wasn't necessarily misrepresented. Did seller say it was perfect, or no defects?
Personally, I feel "small yellow stains" on a "light colored" pants would not be obvious, and the pants are still usable in the manner you bought them for, but it's up to the buyer and seller to determine if that is true. Leaving the seller a negative is immature. Work it out with the seller, try to get a resolution. If seller says the spots aren't noticable, then end of story. Otherwise send them email pics of the stains and show seller they are noticable. That's a mature way to handle complaints.
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quickdraw29
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posted on March 8, 2002 03:14:06 PM new
Oxyclean, now sold in stores like Walmart, may work too. Won't cause discoloration either.
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toollady
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posted on March 8, 2002 05:06:00 PM new
katmommy,
while you are in WallyWorld picking up those other items, pick up a product called De-Solv-it.
It will even take out set in stains.
It's a citrus based product that comes in a spray bottle. I use it instead of Shout or spray n wash.
It works great. I have a kid who comes home from school every day looking like he cleaned the school with his uniform.
His white shirts come out of the wash looking brand new.
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alwaysbroke
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posted on March 8, 2002 05:08:22 PM new
This is the cleanest thread we've ever had.
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ijusthaveit
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posted on March 8, 2002 05:38:06 PM new
Why in the feaking world would you buy USED Clothes on line?Tacky,Tacky.Cant you get them cheap at one of the Marts.Also the action states some ware!! your warein piss stains,Some Ware!!!
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ijusthaveit
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posted on March 8, 2002 05:38:23 PM new
Why in the feaking world would you buy USED Clothes on line?Tacky,Tacky.Cant you get them cheap at one of the Marts.Also the action states some ware!! your warein piss stains,Some Ware!!!
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mcjane
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posted on March 8, 2002 11:42:35 PM new
alwaysbroke Who makes Yellow Out?
Thats something I would like to try.
ijusthaveit Ever stay in a hotel or motel? OMG, you slept on a used mattress with a pillow & sheets that someone else slept on.
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katmommy
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posted on March 9, 2002 05:08:36 AM new
Ijusthaveit:
First off, learn how to spell. Second, there are no "marts" near me and third, I refuse to spend $30 on 1 pair of jeans for a child.
Whew! Anyway folks..everything turned out well. My neighbor had oxyclean and the quarter sized brown spots turned into hardly noticable light yellow spots so I am happy. The seller emailed me back and actually offered a full shipping refund which I refused because I did end up happy with the product. She said she wanted to keep me happy because she didnt want to blemish her perfect FB record (I know you guys are gonna jump on this!)
MEOW
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NanasTurtles
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posted on March 9, 2002 07:50:00 AM new
Katmommy.......Glad everything worked out well for you.......and just for the record......I've bought gently used clothing online and have been very happy with them! ~smile~
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katmommy
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posted on March 9, 2002 07:54:08 AM new
Update:
After I told seller no refund was necessary..guess what? She sent me back my shipping cost via paypal anyway. I want to leave her positive feedback for her professionalism in handling this matter but should I mention there was a problem in the first place?
MEOW
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jdk156
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posted on March 9, 2002 08:10:21 AM new
katmommy - I can't believe you would even consider mentioning there was a problem. You wound up happy - she's happy and you want to put that in her feedback? The only reason things turned out so good is because she is a decent seller!!!!! As you said the pants are fine and you REALLY got a bargain since you got shipping back. This is just my opinion but that would be GOING TOO FAR!!!
Would you want a buyer to do that to you? After you did EVERYTHING to make them satisfied?
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