Online Game Company Refund (what to do if they refuse refund?)

Joe1682

Hello. I'm not sure if I'm posting this in the appropriate forum so can a moderator please move if it is not correct.

I started my own ebay business a few weeks ago and found a decent website to buy cheap games from to sell them on to make a profit. My PayPal + Ebay account eventually got suspended as they did not like me on selling games that were not outyet due to customers from overseas confusion.

Fair enough, this is not the problem.

The problem lies with the fact that I now have £287.91 in goods bound for my house in the upcmming months whereby I no longer require them. I was suspended from ebay/paypal in September and phoned up the company. To purchase the items I used PayPal and was told they could only refund me via the payment method I used (Which I thought was fishy). As I was banned on PayPal I could not obviously receive funds / send funds or do anything... just pay off outstanding debts to PayPal.

Recently I contacted the same company as 2 of the Item did not even arrive and I was greeted by another staff member who asked for my bank details. I got the full refund for the order and this having been done, received the full refund as after 60 days "we can not send refunds via paypal as it is impossible".

This led me to sending a cancellation request along with my bank details (Acc no + sort code) for each and every order order and with the quote of PayPal no longer issuing refunds of orders over 60 days which they all are. I requested the email to the person who issued me with the refund and I got a "I'll deal with these ASAP"... 3 days later, I received nothing, no updates to the oorder or anything. So I emailed again and this time, on the same day got a reply from the original guy stating I'd have to be refunded via my payment method. I replied telling him My PayPal is suspended and the fact I'd already received a refund to my bank account means I know they can do it and as a consumer want a full refund.

How do I go about getting a refund? They are no longer replying to my emails and what is worrying is some of the games are out soon and if they send them out, I really do not trust sending them back and them stating they've received them as I know for a fact they wont. These emails have been getting exchanged for the last 14 days now and last Wednesday issued them with a 7 days ultimatum until I took things further legally.

Am I correct in doing this and what is out there available to me?

Joe

sjbrun

Hi,

You said in your post that your a business seller on ebay so therefore your not a consumer. Assuming that you are buying from a wholesaler, then what are their terms and conditions?

Most wholesalers do not give refunds for cancelled orders or returns or even returns on faulty goods - they dont need to as you are a business - they only need to give a credit.

As far as I am aware as soon as you placed and paid for the order you commited to taking the stuff - they dont have to refund you - they are just doing it as a guesture of goodwill and now you've told them that your ebay is suspended they know that you are not going to be buying any more stock from them so they have no interest to give you a good will refund.

Joe1682

They are not a wholesaler, they are just a very cheap website. I tried 1 order first to make sure it wasn't a scam and the order did come, although it was abit late which was no problem. There main business is repairing of Phones / PS3s and Xbox's.

I've looked at there Terms and conditions and found this, Bare in mind the orders have not even been dispatched... yet. They haven't declined the chance of a refund, just the way in which they refund them. It is, In my oppnion total c**p as one of there employees already refunded me on one order in another way.

"5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.

9. Right to Cancel
9.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.
9.2 During the cooling off period any cancellation must be given by written notice by either party.
9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.
9.4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification
Audio, video recordings (including DVDs) or computer software you have unsealed
Betting games or lottery services
Newspapers and magazines
Food, drink or other Goods intended for everyday consumption.
Contracts for accommodation, transport, catering or leisure services which are arranged for a specific time or date, e.g. train, airline or concert tickets or hotel bookings
Timeshare and package holidays
9.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by You"

Joe1682

Any solutions to this?