Wrong item - who pays for return?

thriftymanc

If a seller sends you the wrong item, who is meant to pay for it to be returned?

I bought a large item which cost £15 to send by courier. The wrong item arrived. I haven't heard anything back from the seller (I emailed them days ago and also opened a dispute) and I think it's because I said I wanted to return it but wanted them to pay! Surely I shouldn't have to pay another £15 to correct their mistake? I just want the item I paid for.

If I escalate the dispute to a claim, what would be expected of me? Would Paypal still expect me to send the incorrect item back, or would I just get my money back?

NeilJung

Paypal would insist that you return the item by trackable means at your cost.

cyberbob

Did you open the dispute the same time you emailed them? Really if you did you should have waited there response now you would have probably got there back up. I know it would annoy me that you couldn't be bothered to wait for a response.

Anyway under the Distance selling regulations if they are a business they should refund the return costs now the BUT.. a claim through paypal as item not as described paypal will ask you to return the item (tracked) at your own cost for a full refund (the cost of the original item and postage). Paypal cannot refund money that was not originally paid. If the seller is a good seller he would pay the return costs if he refuses it is difficult if not impossible to force him.

NeilJung

No, you would not get a refund via Paypal unless you returned the item to the seller and could provide a tracking number that could be verified. You can't just keep the item and get a refund.

RFW

Paypal can't refund the return postage because thy don't have it, that's not to say you aren't entitled to it.

If you are dealing with a business seller you should ask that they have the item collected from you and replace it with the correct item, if they don't contact Trading Standards. If as a buyer you are not at fault (ie you haven't changed your mind) in returning an item you should never be in a worse position than when you started.

Paypal can only refund the amount they have held (item price and postage from seller to buyer). So in the dispute they may ask for you to return the item by trackable means, you have the right to insist that the seller has it collected and pays for postage.

Mistymaid

Have you only emailed the seller once?

I would try again. It really is the seller's responsibility to sort it out.

It also depends on what you bought, a lot of the distance selling regulations only apply to certain goods.

As a seller I once did this!
I sent the wrong paintings to the wrong customers. When they contacted me, what I did was PP them the money for the postage but asked them to send it to the correct customer instead of returning it to me. Although it was a bit risky if one of them didn't do it.

Really your seller should just pay for the postage for you to send the item back. Apart from the fact they have failed to complete their side of the contract by failing to send you the item you bought, it's their mistake and the right thing to do.

I'd be miffed if I were you.

Also, I suppose it depends on how much the item cost. If it was only a fiver then nobody is going to want to pay £15 return postage and then another £15 to send another one out. So in that case they should just send you another and minimise their losses.

windym_2

It may be easier to get the sellers details from Ebay and give them a ring tomorrow.

cyberbob

thriftymanc wrote: »

I If I tell Paypal I've been sent the wrong thing, and the seller doesn't respond, that should be the end of it - I should get a refund without having to prove I've sent the wrong item back.

Ok I know it was the sellers fault but why should you get to keep the item and have a refund? If Paypal worked on that theory every scam artist in the world would be opening a SNAD in Paypal.

If the seller is a business and they don't refund your return postage report to Trading Standards or if you don't want to return it you could always sell it yourself.

Morty_007

um...have they fulfilled your order? if not (as it sounds), can't you open an "item not received" dispute? You haven't received the item you bought and paid for. The unsolicited item is something altogether different...nothing to do with Paypal.

Write the company 2 emails about 2 situations you find yourself faced with.
1. they have not fulfilled your order - please could they do so?
2. they have sent an unsolicited item - please could they arrange collection within 2 week.

Might at lease get them listening to you...


or just ring them

TurkishDelight

Morty_007 wrote: »

um...have they fulfilled your order? if not (as it sounds), can't you open an "item not received" dispute? You haven't received the item you bought and paid for. The unsolicited item is something altogether different...nothing to do with Paypal.

Write the company 2 emails about 2 situations you find yourself faced with.
1. they have not fulfilled your order - please could they do so?
2. they have sent an unsolicited item - please could they arrange collection within 2 week.

Might at lease get them listening to you...


or just ring them

It came by courier, so the seller will have a tracking number which they can imput into paypal, paypal will see that the seller has sent something to the OP and the OP has got it. Paypal will then close the case and the OP will lose their money.

Morty_007

thriftymanc wrote: »

, hopefully I'll speak to someone who didn't read them anyway.

I'd say thats a a distinct possibility, doesn't sound like there is much communication going on!!:rotfl::rotfl:and a good idea.

Didn't realise Paypal didn't care what was sent as long as a parcel is received...thats ridiculous! I don't know why they bother having the 2 different types of dispute if they aren't even going to check what was in the "received" parcel!