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Hi,


I?m wondering how others have resolved cases on eBay before. Situation is that I bought a fabric SkipHop baby playmate/gym described as ?hardly used? and when I opened it on arrival found that it stinks of cigarette smoke! The advert didn?t say it came from a smoker?s home - wouldn?t have bid on it if that had been the case.

Any advice?

You could try contacting the seller but I don't think you would be able to get a refund unless the advert specifically stated from a smoke free home. Sounds very frustrating and I am sure I would not have checked if it was from a smoke free home but then I don't think the seller has to state it.

What howl said.

eBay has changed recently & it no longer seems to be ?buyer beware?.


If you request to return the item, then you will get your money back (the seller cannot refuse a return unless they just refund you/offer you a partial refund). If there are any problems, start an issue through the resolution centre.

I?ve written to the seller, told them it stinks and asked what they propose. If they come back to me with an unsatisfactory response then I?ll go through the refund process through the Resolution Centre. I suspect he might tell me to wash it and it?ll be fine but hell no! Wasn?t cheap either.


Thanks all!

I think you may find it difficult to return the item if the description didn't state that it was from a smoke free home. The onus is on the buyer to ask questions if something like this is important, and particularly if I'm buying an expensive item, I always check with the seller if s/he is a smoker before bidding. You may find that the seller is reasonable and will accept a return, although if you told them in your email that the item 'stinks' that may just have put their back up a bit!

Howl Wrote:

-------------------------------------------------------

> Disagree- no item comes with/is made smelling of

> smoke. It?s absolutely a ?not as described? issue

> and up to the seller to communicate. Just because

> some sellers oblige on the smoke free home

> point....


Could be argued that no item comes with/is made NOT smelling of smoke either...

I'm not saying it's right to accept such an item but don't feel you can argue that it's not as described as it didn't say either way.

As Growlybear says, lets hope the seller is reasonable and understands the gripe.

If the item had been described as coming from a smoke free home and arrived smelling of smoke, then it would be 'not as described', but if this isn't mentioned in the item description then how can it be 'not as described'? Many parents smoke, and if it's going to be an issue for a buyer who wants to make sure an item doesn't smell of smoke, then the onus is on them to check this before they bid and enter into a legally binding contract.
I had this with a decorative stone I bought as a present. It completely stank of smoke when I opened the envelope, before I?d unwrapped layers of bubble wrap. I didn?t think I?d get anywhere but contacted the buyer who was amazingly apologetic and I sent it back for a refund with no problem. Good luck!

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