Paypal rules when an item doesnt work?
Paypal rules when an item doesnt work?
Does anyone know the specific rules governing what should be done if an item doesnt work, like for example an electrical item that wont turn on?
As the buyer, if you are asked to return the item for a refund, I assume that you can insist that the seller pays you the cost of shipping to send it back, and also refunds you the full amount including shipping that you paid in the first place?
Is that correct, or are there other options that the seller can give you that are acceptable to paypal for a non working item?
As the buyer, if you are asked to return the item for a refund, I assume that you can insist that the seller pays you the cost of shipping to send it back, and also refunds you the full amount including shipping that you paid in the first place?
Is that correct, or are there other options that the seller can give you that are acceptable to paypal for a non working item?
PassionFord Regular
Joined: Jun 2008
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From: In the workshop building a rallycar
ebay and paypal are always infavor of the buyer as a seller the amount of times i have had paypal take money out my account to refund someone for somthing they were not happy about most being lies and total bull lol and when they go to return the item the will just send a parcle for the tracking numnber that doesnt even contain what they bought you will get your full refund buddy and theres not much the seller can do about it tbh.
simply log into paypal and open a dispute,they will force the seller to accept the returned item at your expense and you will be refunded the full original item price with initial postage costs once they recieve it ,just make sure you send it back with tracking etc or they can say they never got it
Advanced PassionFord User
Joined: Feb 2005
Posts: 2,090
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From: Solihull
Well, OFT's guidance ref: the consumer protection (distance selling) regulations says:
But I'm not aware of Paypal's specific rules. However, if the contract is serviced in the uk (it was because it was posted to you), and the company trades in the uk (.co.uk - so it could be argued that it does), then you can claim that the DSRs apply, in which case their company policys must meet or exceed the provisions of the DSRs.
Chris
In general the DSRs do not affect the consumer’s rights under other
legislation, for example the Sale of Goods Act 1979 or the Supply
of Goods and Services Act 1982. If the goods or services do not
conform to the contract and consumers exercise their rights to reject
them, you will have to refund their money.
If goods develop a fault within the first six months of being sold,
the law presumes that the fault was there when you sold the goods –
unless you can show otherwise. You should not charge return costs
for goods that have been rejected because they are faulty.
If you offer a replacement for faulty goods that have been returned
by the consumer, the cancellation rights under the DSRs will run for
seven working days from the day after the day the consumer
receives the replacement goods, provided you have previously
complied with the information giving provisions in the DSRs –
see paragraph 3.10 for more information’.
legislation, for example the Sale of Goods Act 1979 or the Supply
of Goods and Services Act 1982. If the goods or services do not
conform to the contract and consumers exercise their rights to reject
them, you will have to refund their money.
If goods develop a fault within the first six months of being sold,
the law presumes that the fault was there when you sold the goods –
unless you can show otherwise. You should not charge return costs
for goods that have been rejected because they are faulty.
If you offer a replacement for faulty goods that have been returned
by the consumer, the cancellation rights under the DSRs will run for
seven working days from the day after the day the consumer
receives the replacement goods, provided you have previously
complied with the information giving provisions in the DSRs –
see paragraph 3.10 for more information’.
Chris
Cool, given the number of electrical items that come in from China it would be a bit of a pain if you had to end up out of pocket for recorded delivery to China to return them.
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Advanced PassionFord User
Joined: Feb 2005
Posts: 2,090
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From: Solihull
The issue is getting foreign sellers to stand under UK legislation - a statute is defined as a 'legistlated rule of society' - if you aint in the society then, fairly, why should you stand under their rules?
Where the distinction is blurred is when the foreign seller is trading via a UK marketplace or collecting payment via a UK agent, IMHO. I've won this argument before with a few arsey and threatening emails.... But, if you pay by credit OR DEBIT card, under the DSRs you are entitled to be reimbursed by your card issuer.
Chris
Where the distinction is blurred is when the foreign seller is trading via a UK marketplace or collecting payment via a UK agent, IMHO. I've won this argument before with a few arsey and threatening emails.... But, if you pay by credit OR DEBIT card, under the DSRs you are entitled to be reimbursed by your card issuer.
Chris
in the past I have had issue with paypal over this, as a buyer they insist you have to cover the cost of return postage regardless of the problem, and you have to issue them with a tracking number, they then return you the original purchase price and original postage but not the return postage.
If you dont comply they wont refund the money.
All depends if the seller is decent and offers return postage cost or justs follows the paypal rules
If you dont comply they wont refund the money.
All depends if the seller is decent and offers return postage cost or justs follows the paypal rules
in the past I have had issue with paypal over this, as a buyer they insist you have to cover the cost of return postage regardless of the problem, and you have to issue them with a tracking number, they then return you the original purchase price and original postage but not the return postage.
If you dont comply they wont refund the money.
All depends if the seller is decent and offers return postage cost or justs follows the paypal rules
If you dont comply they wont refund the money.
All depends if the seller is decent and offers return postage cost or justs follows the paypal rules
Last edited by Chip; Oct 25, 2010 at 04:06 PM.
this is why i tend to check that the cheap chinese stuff is being shipped in the UK. A lot of the chinese sellers do it that way now, just send over a container load every now and then of the popular items and send them from here. Costs like a quid extra maybe but worth it. Plus you get it so much quicker.
bit late for you though chip
bit late for you though chip
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