Damaged goods, Ebay, Paypal and the Distance Selling Regulations.

PsiDOC

Hi all. Bit of a question for you:
Here's the jist of it.
I bought a remote controled mini helicopter that came yesterday with packaging in good condition however one of the wheels was broken off and not in the box so it didn't happen in transit and obviously had happened before hand.
The seller's ebay ad says no returns on this item yada yada yada.
Paypal claim raised. No response from seller. Paypal say post it back and they will refund.
Under the DSR I believe I am entitled to the postage fees to be compensated to me as it was damaged goods and seller is registered with ebay as a business.

However will Paypal recover said postage fees and compensate me?
Do I need to call paypal and argue this point before I post this thing back?
What should I do as I feel I should not be out of pocket by any means.

Suggestions appreciated.

Thanks.

PsiDOC

Obviously_the_best

Only eBay will cover return postage, and only in very rare occasions, other than that it's small claims court

chancesare_2

PsiDOC wrote: »

Hi all. Bit of a question for you:
Here's the jist of it.
I bought a remote controled mini helicopter that came yesterday with packaging in good condition however one of the wheels was broken off and not in the box so it didn't happen in transit and obviously had happened before hand.
The seller's ebay ad says no returns on this item yada yada yada.
Paypal claim raised. No response from seller. Paypal say post it back and they will refund.
Under the DSR I believe I am entitled to the postage fees to be compensated to me as it was damaged goods and seller is registered with ebay as a business.

However will Paypal recover said postage fees and compensate me?
Do I need to call paypal and argue this point before I post this thing back?
What should I do as I feel I should not be out of pocket by any means.

Suggestions appreciated.

Thanks.

PsiDOC

It arrived YESTERDAY and you've lodge a dispute, escalated and had it reviewed?

Whatever happened to talking to the seller?

Argue what you like with Paypal. Had you bought from me and given no chance to resolve you could swivel for your returns postage.

If you want a refund of postage your only hope is via a legal route. Which will cost you.

Had you been reasonable you may have had a better resolution.

chancesare_2

But you received the item yesterday. In the 24 hours or so you have lodged a case and escalated it, and had it reviewed.

I think you are telling porkies.

You are definitely one for the BBL. I wonder how many cases you have had to open. Sooner you are Naru'd the better.

bris

No, it's not the only course of action to take, there are thousands of good sellers on ebay who play by the rules, they are the ones you don't hear about. The sellers should at least get a chance to respond to your problem, I am not a seller but if I was I would certainly make things as difficult as I could for you.

chancesare_2

And how did you expect the seller to sit up and take note when you hit him straight in the groin with a case?

BTW you know nothing about me and my eBay business. I don't do returns. I refund based on what the buyer says, nearly all are grown up sensible people.

But if they whack a case in like a numpty, without chance to resolve, then, they can do it THEIR way. THEY pay to return it tracked.

PsiDOC

I do apologise, however it's the only reponse in a situation like this and I will defend my actions. I bought something in good faith. The sellers ad says new and working, no returns. Arrives damaged and not damaged in transit. This to me says the seller didn't check the condition of the item before it left their premisies. It's not my fault or my problem. Seller stating no returns so potential problem there so paypal and escalate to make them sit up and listen.
Make it difficult? Please do. the law is on my side.
And yes chances are - I hope you enjoyed Martin's thumb by the way - this was done in 24 hours. I have the details on my paypal account and the emails to prove it. Whatever the heck a Naru is I have no idea however if it's visit to the Korean restaurant in London as google thinks it is I do hope your paying!

Psi

theonlywayisup

As you will find, to your cost. It is always prudent to give a seller a chance to resolve. You haven't. Most sellers realise that an escalated case counts on their dashboard and can result in loss of Paypal fees, so getting them to stump up for returns postage will be difficult.

I don't know why buyers like you cut off your nose before looking at the bigger picture.

If you know your rights, you know that under law you are entitled to a refund of returns post. However real life is not that easy (or cheap), as enforcing this is costly (more than the postage refund) and time consuming. Keeping a friendly approach is usually best. It helps both buyer and seller. Most decent buyers will refund your post or even refund in full with a photo.

Had you corresponded with your seller you may have been treated correctly. Your actions now may result in you having to do the leg work and bearing the cost. Which results in no one winning.

Why come on here for help when you have already waded in with two left feet? Ironically, we would have told you to open an eBay case rather than a PayPal one.....after communicating with the seller.....as you would probably had a reimbursement, voucher or even a no fault refund.

If you have had as many bad experiences and Paypal cases as you seem to infer, perhaps you should look at your dealings with sellers rather than theirs with you.

Harsh these words may seem, but on here we are fair to both sellers and buyers alike.

And you have not been fair.

PsiDOC

I think fair would have been to check the goods before they left the premisies of the seller. This item was stated as new and was obviously and visibly broken before posting. A simple visual check before wrapping would have picked up the damage.
So it is fair for the seller to post an alleged new item to me without bothering to even inspect it before postage?

theonlywayisup

Take your head out of the sand. There is a problem, so try and sort it out. It's called 'the bigger picture'.

If its important for you that the buyer admits its his fault, then keep going.....if you would rather have a resolution that suits you, then be a grown up.

You have a faulty item and you want it replaced/exchanged or refunded. These things happen.

It's how you tackle problems that gives you a sense of satisfaction, or a resolution. Or both!

theonlywayisup

BTW you won't get a returns postage refund from Paypal. So don't waste a phone call.