eBay rights advice

[Saracen]

While all that is true, The buyer gave a description of them being size 10. When buying something on ebay UK it is acceptable for the buyer to make the assumption that the size is going to be a UK size unless otherwise stated.

....

That might cut some ice with eBay in dispute resolution, but I doubt it'll cut much outside eBay, for the reason given. Assumptions aren't generally compatible with "caveat emptor". It's best to ask, and doubtful if you can rely on assumptions.

[Professor Frink]

Now I've had time to think about it and read people comments. I will take the £10 loss and chalk it down to bad luck.

I didn't like his response much and that is probably what got my back up a little. I would expect on a English listing to be in English sizes but hay...... Can't win them all.

[Saracen]

....

I didn't like his response much and that is probably what got my back up a little. I would expect on a English listing to be in English sizes but hay...... Can't win them all.

Agreed, and I'd expect it too .... but 'count legs' in future.

I've spent quite a lot of time over the years listening to politicians, and you learn a thing or two .... such as how to tell the absolute truth, and deceive at the same time.

An example .... Labour's 1997 promise "we will not increase the basic or higher rate of income tax".

A lot of people, even years later, remembered that as "we will not increase taxes". My immediate response was "will you lower or freeze personal allowances? And what about National Insurance? You didn't mention that".

I simply assumed that that statement was a political statement designed to calm the children, but with a statement that specific it'll usually be kept (unless it's about tuition fees) so the cynic in me immediately says "okay, how they can keep that, and be able to say they kept it, while still stitching us up".

In other words, with politicians and people selling stuff, don't just take in what they say, but what they don't say. In fact, be especially cynical about what they don't say.


Take Cameron today, talking about possible road tolls. He used a fairly unusual phrase, and I haven't got it to hand, but it was something like "tolls only on new capacity". My immediate reaction was .... if he didn't say "only new roads" but chose to phrase it like that, it's NOT a coincidence, so what can be snuck through under the guise of new "capacity" that he couldn't do if he'd said "only new roads". If he didn't say "roads", there will be a reason why he didn't. And it makes my wallet itch. ;
)

[GoNz0]

u can see plain enough 2 pictures with US 10.

your fault chap.

[KeyboardDemon]

Personally I think the seller is responsible for not making it clear that they are are listing a US size.

Due to the fact they are selling on Ebay UK you would assume them to be quoting a UK size.

Granted in one of the pictures if you look closely you can just see they are US size 10 but, I'd probably have just assumed the ones in the listing was a UK size 10.

The seller has a product that is listed exactly as described by the manufacturer. The manufacturer's main market is in the US and so they make shoes that would cater for US sizes.

Looking at the pictures in the listing I can clearly see a photograph of the inside of one on the shoes where it say 'Size US 10', by including that picture the seller can say that he has done everything in his power to ensure that people are aware of the shoes being a US size 10.

It is unfortunate that in this case the OP missed that, it is subtle, but its presence shows that the seller was not trying to mislead people with this listing.

I think the options are to send it back and take a hit or list it himself and sell it at a higher price so that after listing and postage costs he breaks even.

Also a little off topic:

Take Cameron today, talking about possible road tolls. He used a fairly unusual phrase, and I haven't got it to hand, but it was something like "tolls only on new capacity". My immediate reaction was .... if he didn't say "only new roads" but chose to phrase it like that, it's NOT a coincidence, so what can be snuck through under the guise of new "capacity" that he couldn't do if he'd said "only new roads". If he didn't say "roads", there will be a reason why he didn't. And it makes my wallet itch. ;
)

Extra capacity might indicate where a motorway has had a lane added for example roads such as the M1 have had sections widened to 4 or more lanes, each lane would count as extra capacity. Of course the knock on effect would be making people take the scenic route, such as driving from London to Milton Keynes via Leighton Buzzard to avoid the motorway, which I do sometimes as the NSL country roads are more fun.

[Sputnik]

The seller has a product that is listed exactly as described by the manufacturer. The manufacturer's main market is in the US and so they make shoes that would cater for US sizes.

But, It is not listed as US size 10. Just as size 10. So it is misleading regardless of it being intentional or not.

The main market for European cars is in mainland Europe but, if I bought one in the UK I'd assume the speedo to read in MPH and not KPH unless otherwise stated.

Looking at the pictures in the listing I can clearly see a photograph of the inside of one on the shoes where it say 'Size US 10', by including that picture the seller can say that he has done everything in his power to ensure that people are aware of the shoes being a US size 10.

Often, Sellers just use a catalogue picture of things especially if they have several of the same item. I would not say it was soo clearly shown in the photo. It is IF your especially looking for it but, Not if your just looking in general.

It is unfortunate that in this case the OP missed that, it is subtle, but its presence shows that the seller was not trying to mislead people with this listing.

I'm not saying that the seller intentional set out to deceive, Just that his omission of stating 'US size 10' has lead to the buyer bidding on something he would not have IF the seller had described the shoes correctly. So the buyer is out of pocket because of the seller not putting US in the size.

I think the options are to send it back and take a hit or list it himself and sell it at a higher price so that after listing and postage costs he breaks even.

I agree with that.

Go have a look at other listing of Van shoes on ebay, Almost all the other list US in the size and the general description.

[blueball]

The main market for European cars is in mainland Europe but, if I bought one in the UK I'd assume the speedo to read in MPH and not KPH unless otherwise stated.

Would you assume? or would you check?

[BobF64]

The main market for European cars is in mainland Europe but, if I bought one in the UK I'd assume the speedo to read in MPH and not KPH unless otherwise stated.

Would you assume? or would you check?

If the steering wheel was on the right, most people would expect, and therefore assume, that it was MPH.

If the wheel was on the left, and it didnt say, anyone that didnt check is a muppet.

Of course, if its some fancy car where the wheel is in the middle, its probably very wise to ask either way.

[finlay666]

If the steering wheel was on the right, most people would expect, and therefore assume, that it was MPH.

If the wheel was on the left, and it didnt say, anyone that didnt check is a muppet.

Or you bought a car from Ireland, RHD with Km/h

That said both measurements are shown usually

[KeyboardDemon]

I was just having another look at that listing, am I the only person that spotted the size chart that lets customers see what the US sizes convert to in the country or region where they live?

[peterb]

I was just having another look at that listing, am I the only person that spotted the size chart that lets customers see what the US sizes convert to in the country or region where they live?

It would seem that you are!

[Sputnik]

I was just having another look at that listing, am I the only person that spotted the size chart that lets customers see what the US sizes convert to in the country or region where they live?

I did see it but, How can you use a conversion chart when it is not clear what the unit of measurement is that you have?

[Zak33]

I'd sell them on myself...... think you might get tad more than you paid, and that'll cover the ebay sellers fee....

[jim]

Don't know about that Zak, works out at around 20-25% now by the time you're all in.

[KeyboardDemon]

I did see it but, How can you use a conversion chart when it is not clear what the unit of measurement is that you have?

So after including a photograph showing the size label and including the link to the conversion chart you still think the seller is at fault? Despite admitting that you saw the conversion chart?

I think if I only saw that I would want to know what it is I'm converting from and to and if I couldn't see the information I would have sent a message to find out more, particularly if all other listings of VANS shoes are given in US sizes.

Note also that the listing makes no reference to the colour(s) available or the materials used in making the shoes but that the photographs have been accepted as a fair representation of those facts. In which case why would a photograph showing the size label as US 10 be considered to not be a fair representation of that fact?

If nothing else, I have learnt that when buying from eBay I should look at every piece of information even more closely than I already do and check with the seller if I'm ever in any doubt. I think that this listing highlights perfectly where given information might be missed and so every fine point should be scrutinised before clicking on that pay now button.

I also think that the offer to accept the shoes back is a fair offer, but don't see why the seller should be faced with having to reimburse postage costs.

[Sputnik]

So after including a photograph showing the size label and including the link to the conversion chart you still think the seller is at fault? Despite admitting that you saw the conversion chart?

Those photos showing the size printed inside the shoes are not that clear and there is no close up photos of the size label or the size on the box. Well, There was only a link to conversion charts there was not a chart on the listing. The seller put in very large text SIZE 10. If only he had put the US there.

I think if I only saw that I would want to know what it is I'm converting from and to and if I couldn't see the information I would have sent a message to find out more, particularly if all other listings of VANS shoes are given in US sizes.

To make sure I'm not being unfair in my views I've looked at other listings on ebay this evening and there are some Van shoes being listed as UK sizes as well as US sizes but, they do state either US or UK clearly.

Note also that the listing makes no reference to the colour(s) available or the materials used in making the shoes but that the photographs have been accepted as a fair representation of those facts. In which case why would a photograph showing the size label as US 10 be considered to not be a fair representation of that fact?

If there was a good clear close up shot of the size I'd agree.

If nothing else, I have learnt that when buying from eBay I should look at every piece of information even more closely than I already do and check with the seller if I'm ever in any doubt. I think that this listing highlights perfectly where given information might be missed and so every fine point should be scrutinised before clicking on that pay now button.

I agree, Whenever I list anything on Ebay I always put as much information as I possibly can even if it does seem too obvious to be true.

I also think that the offer to accept the shoes back is a fair offer, but don't see why the seller should be faced with having to reimburse postage costs.

If I was the seller in this case I would refund 100%. Purely because it is the right thing to do but, Then maybe I'm too honest and I can admit when I make a mistake.