Vinted banned me then let customer kept my item

[iseeu]

Jurisdiction

Illinois

I feel I am a victim of fraud here. I sold my first item on this Vinted app the same day I opened my account. Then next thing is I'm banned for selling a fake item. And I think it was the first buyer that low balled me that flagged me. I read reviews that people can flag you for any reason and you get banned easily. I had no issues and good reviews on another platform I normally sell on. I thought this platform would be the same experience. I sent my item by USPS tracking. And now I'm banned. I appealed. But they said it's permeant. I also complained. I made complaints to the bbb and consumer affairs. I am able to log in to see my last messages to the buyer and my item tracking number and the money page where I should be able to withdrawal to my bank account. I'm not certain if they'll even allow me to be paid and they just let the buyer keep my item. I feel like this platform was a terrible experience and waste of time. EBay would have been better than them.

 

[adjusterjack]

I'm not certain if they'll even allow me to be paid and they just let the buyer keep my item.

Then you'll just have to wait and see, won't you.

Regardless, chalk it up to a life lesson and don't use Vinted anymore.

What you have experienced is a very common risk when selling online.

I don't know what you expect to learn here as you have not asked any question in your post.

 

[iseeu]

What are my rights?

 

[iseeu]

Anyway to sue the company for being wronged? It's likely fraud. Selling but not being paid right?

 

[Tax Counsel]

Anyway to sue the company for being wronged? It's likely fraud. Selling but not being paid right?

That will depend a great deal on the contract you have with Vinted. The site may refer to that contract as its terms of service. Read it carefully to determine how these situations are handled. If both you and the buyer are in the U.S. you likely may sue the buyer directly if Vinted won't issue the refund. In general, the buyer can't both keep the item and not pay for it. There is an exception to that in the case of fraud, and it varies by state. It would be up to the buyer to prove the fraud, and the level of proof needed to win a fraud claim is higher than it is for most other lawsuits. How you get that resolved again depends on the contract. If it requires you and the buyer to arbitrate the dispute rather than going to court, then that will be the route you have to go. Read that contract carefully. It will likely answer a lot of your questions. After you've read it, if you have other questions come on back.

 

[zddoodah]

I'm not certain if they'll even allow me to be paid

If you get your money, then there's no issue, right?

and they just let the buyer keep my item.

"They"? As in the owner of the app? How would you expect the owner of the app to do anything about that?

What are my rights?

Like everyone else, you have dozens of legal rights, and it would serve no useful purpose to try and list them all, especially since...

Your rights vis-a-vis the owner of the selling app you used are determined by your contract with that entity. While I have no idea what that contract says (and I couldn't find a copy at the website without signing up for an account), I'm confident that the contract says that any dispute must be handled in the jurisdiction in which app owner is located, which appears to be Lithuania. Perhaps the owner has a U.S. presence, but I could find no evidence of that.

How much money is at issue here, and why did you choose to use an app whose owner is based in eastern Europe?

Anyway to sue the company for being wronged?

Sure. Anyone can sue anyone for anything.

It's likely fraud.

How do you figure?

Selling but not being paid right?

If the app owner breached its contract with you, that's a breach of contract, not fraud. If you could prove a lack of intent to perform, then you might be able to pursue a fraud action, but that seems awfully unlikely.

If both you and the buyer are in the U.S. you likely may sue the buyer directly if Vinted won't issue the refund. In general, the buyer can't both keep the item and not pay for it.

This is, of course, correct. However, if the buyer paid in accordance with the apps T&C, then the buyer wouldn't be keeping the item without having paid for it.