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Item i bought not as described - what will paypal do?
motorguy
Posts: 22,623 Forumite
I bought a computer related item as a gift for a friend for £5.50, and paid £4.99 postage for it. Thus total transaction cost for £10.49. It was listed as brand new, and the picture showed the item, a connecting cable and an original software disk required to use it.
However, on arrival, the software disk was a copied disk (not the original shown in the advert) and the unit had some 'gum' marks on it, consistent with a sticker having been removed - both meaning i couldn't possibly give it as a gift.
I emailed the seller saying the item was not in 'new' condition, and that the supplied disk was a copy, and therefore it was not as described and asked for my money back and return postage costs, ie £10.49 and whatever the postage back would be.
He replied saying the item was new and they had 'run out of' the original software disks hence the copy and that the item was new as he had a receipt for it from his supplier. He said if i returned the item he would refund the item cost, but not the postage cost to me, or the return cost, ie he would refund £5.50. So if i post the item back at a cost of £5, he is going to refund me only the total of £5.50 - thus i'd only be getting back 50p out of the £10.49 transaction cost.
I raised a paypal dispute stating all of the above, however he has replied saying i was offered my money back and refused. I replied saying i hadn't been offered the transaction cost back, just the cost of the item that was not in 'new' condition and that came with copied software.
This leaves me with the only option being to escalate the paypal dispute to paypal. Has anyone had any experience on what they might do? He is a power seller and therefore we can assume his paypal account will have some money in it...
However, on arrival, the software disk was a copied disk (not the original shown in the advert) and the unit had some 'gum' marks on it, consistent with a sticker having been removed - both meaning i couldn't possibly give it as a gift.
I emailed the seller saying the item was not in 'new' condition, and that the supplied disk was a copy, and therefore it was not as described and asked for my money back and return postage costs, ie £10.49 and whatever the postage back would be.
He replied saying the item was new and they had 'run out of' the original software disks hence the copy and that the item was new as he had a receipt for it from his supplier. He said if i returned the item he would refund the item cost, but not the postage cost to me, or the return cost, ie he would refund £5.50. So if i post the item back at a cost of £5, he is going to refund me only the total of £5.50 - thus i'd only be getting back 50p out of the £10.49 transaction cost.
I raised a paypal dispute stating all of the above, however he has replied saying i was offered my money back and refused. I replied saying i hadn't been offered the transaction cost back, just the cost of the item that was not in 'new' condition and that came with copied software.
This leaves me with the only option being to escalate the paypal dispute to paypal. Has anyone had any experience on what they might do? He is a power seller and therefore we can assume his paypal account will have some money in it...
0
Comments
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Copying software is illegal so therefore you *should* win.
Paypal will contact the seller to ask what his thoughts are and also your thoughts and then they will decide but you will have to pay return p&p costs AFAIK.
Carrie.Accept that some days you're the pigeon and some days you're the statue.0 -
well he argues that the software is actually drivers for the item and aren't copyrighted! i don't mind paying the return postage costs - i think i can send it back for maybe £3, but i do want my original transaction cost back - £10.49...0
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