Return postage fees to France (damaged item)

DB74656
DB74656 Posts: 16 Forumite
Combo Breaker First Post First Anniversary
in Consumer rights
Hello

I recently took delivery of a model vehicle from a french website. I paid via PayPal and the model showed up a few days ago badly damaged. It was loose inside its display case (not screwed down) and therefore able to move about. After contacting the seller he was very unapologetic, blamed the post and told me I could be given credit on his store. I declined that, asked for a full refund and for him to pay for the return postage fees as I didn't feel it right I should be out of pocket through no fault of my own (£10-£15 from what I could research).

He then proceeded to ignore me, so I raised a dispute with PayPal who have told me to return it for a refund.
My question is, have I no leg to stand on to insist that I not be liable to pay return fees? I'm almost certain this guy knew he was selling me something shoddy, hoping I wouldn't bother with all this. Given its come from outside of the UK but within the EU I've found it difficult to research my rights.

Just to add, going back to his website, there are no T&Cs anywhere.
Thanks for any help.

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    First Anniversary Name Dropper First Post
    As it's within the EU you have pretty much the same rights as you have here, enforcing them on the other hand is another thing entirely. It's a case of picking your battles and all that and depending on the costs involved here it's not something you'd probably want to waste your time over.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    So did he offer you a credit without having to return the item?
  • DB74656
    DB74656 Posts: 16 Forumite
    Combo Breaker First Post First Anniversary
    neilmcl wrote: »
    As it's within the EU you have pretty much the same rights as you have here, enforcing them on the other hand is another thing entirely. It's a case of picking your battles and all that and depending on the costs involved here it's not something you'd probably want to waste your time over.

    Is this something I can argue with PayPal, or quote something to them?
    hollydays wrote: »
    So did he offer you a credit without having to return the item?

    He offered me a "commercial gesture" if I kept the item. But I've no interest in accepting store credit as I'm unlikely to be a frequent customer, it was simply a difficult to find item that forced me to shop with him. Given the circumstances I wouldn't be confident of the integrity of any store credit either... particularly now I've noticed the complete lack of T&Cs or anything approaching them on his site. I wouldn't have shopped had it not been for PayPal as a payment option.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    First Anniversary Name Dropper First Post
    DB74656 wrote: »
    Is this something I can argue with PayPal, or quote something to them?
    No, you have no contract with Paypal, other than them facilitating the transaction. If they are to offer you a refund then you have to abide by their T&Cs.
  • DB74656
    DB74656 Posts: 16 Forumite
    Combo Breaker First Post First Anniversary
    Ok thanks for your replies, appreciate your time.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    DB74656 wrote: »
    Ok thanks for your replies, appreciate your time.

    Hopefully you come back and see this.

    Sign up to Paypal returns. https://www.paypal.com/uk/webapps/mpp/refunded-returns
  • DB74656
    DB74656 Posts: 16 Forumite
    Combo Breaker First Post First Anniversary
    Ah, excellent find, you're a star ;)
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
    Name Dropper Photogenic First Post First Anniversary
    DB74656 wrote: »
    Ah, excellent find, you're a star ;)

    Make sure you send it back with a proof of delivery. If you could report back with how long/what happens/etc it may help others in a similar situation.
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