Michael B.

We purchased eBay item number **************, Kate Spade Tonti Street Cat Crossbody Clutch Handbag Lucky PINK KITTY HELLOTOKYO from eBay seller zengx031. The item is described as "New with tags: A brand­ new, unused, and unworn item (including handmade items) in the original packaging (such as the original box or bag) and/or with the original tags attached."

However, upon receiving the item (a white purse), we immediately noticed several smudges
On the front flap that had not been disclosed and that do not meet reasonable expectations for a "new " item. We thought this might be dirt, so we gently wiped it with a soft cloth, without effect. We then posted photos of the defect and asked the seller for a refund. This was refused, so we appealed to eBay.

EBay ruled against us on the basis that attempting to wipe what appeared to be dirt from the item constituted "modification" of the item, thus voiding the warranty. Several long discussions with eBay failed to result in a refund. However, several eBay representatives agreed with us that the spots we photographed are faintly visible on the seller's own photographs of the item, if one knows where to look.