can a buyer appeal a paypal decision not in my favour?

bails1964

Hi, long story short so I'll try and keep it brief and respond to speciific questions for more details if required.

Recently my wife purchased a used electrical item for the starting price and it was collection in person but paid through paypal. It was not a cheap item. It was very local so we collected the item in person, the seller explained it had been sat on a cupboard unused and he showed my wife it worked by switching it on/off. On getting the item home it was very dirty so my wife cleaned it. she has since used the mixer three times over a three weekend period, for a maxium of five minutes each time, 15 minutes in total, she only used it to mix a cake batter. She went to switch it on the following week and it wouldn't work, she tried everything even changing the fuse but it would not work. E-bay advised her to contact the seller to try and resolve the issue, the seller refused to refund her money stating he 'didn't have any money'. She raised an 'item not as described' claim through paypal who acknowledged but took nearly four weeks to resolve and when they did they said they had found in the sellers favour. She has tried to appeal this decision but they just said because she collected the item she wasn't covered under 'buyer protection'. They have also stated that the decision is final and cannot be applealed.

Whats really sickening is that she attempeted to purchase an ebay warranty but was informed that it did not cover the first 45 days as this was covered under the ebay 45 day rule thingy anyway.

Not really having done anything like this before, did we not follow the correct procedure? Are we at the end of the road or do we have other options?

Thanks,

albionrovers

You, like me, have been forced into a corner with nowhere to turn. Ebay sucks, left right and centre. The cheek to advertise on TV too? Makes me mad.

bails1964

Yep, ebay sure does suck at times. But did I follow the correct procedure, or did I do something wrong?

Taadaa

No, you did follow the correct procedure. It's just that there is little protection for buyers who collect an item in person and pay cash. There's no proof the transaction went through, and eBay/Paypal have no means of forcing the seller to take the item back and return the money.

The only way to have protection when collecting is to pay with Paypal, but many sellers won't offer this as the buyer could claim an item not received and reverse the money and keep the item, and the seller would not be able to claim proof of delivery.

I don't think there is anything you can do inside of eBay. I guess someone might suggest small claims, but I can't offer any advice on that.

bails1964

Taadaa wrote: »

No, you did follow the correct procedure. It's just that there is little protection for buyers who collect an item in person and pay cash. There's no proof the transaction went through, and eBay/Paypal have no means of forcing the seller to take the item back and return the money.

The only way to have protection when collecting is to pay with Paypal, but many sellers won't offer this as the buyer could claim an item not received and reverse the money and keep the item, and the seller would not be able to claim proof of delivery.

I don't think there is anything you can do inside of eBay. I guess someone might suggest small claims, but I can't offer any advice on that.

Hi Taadaa, thanks for the input. I accept what you have said but I have stated and I did infact pay by paypal. It was a payment option, they buyer did not specify cash on collection, although it was listed as a collection only item.

Both paypal and ebay know the item was paid for, this is not in dispute. The item was sold as "in good working order" and it wasnt. It only worked for 15 minutes, give or take.

I'm fed up.

Thanks.

pendulum

To be fair, if you bought from a private seller, and it worked fine when you bought it (which you admit it did), you have no legal right to expect it to last a reasonable time or to have any kind of warranty, as this does not apply to private sales. It worked when you bought it and it was described accurately at the time you bought it - just one of those things.

When people get a bargain then "eBay's great!". When things don't quite turn out as the bargain they hoped for... "eBay sucks!"

bails1964

pendulum wrote: »

To be fair, if you bought from a private seller, and it worked fine when you bought it (which you admit it did), you have no legal right to expect it to last a reasonable time or to have any kind of warranty, as this does not apply to private sales. It worked when you bought it and it was described accurately at the time you bought it - just one of those things.

When people get a bargain then "eBay's great!". When things don't quite turn out as the bargain they hoped for... "eBay sucks!"

Hi pendulum, thanks for replying. I'm not sure so I'm asking for advice. Did I buy from a private seller, or did I buy from ebay? and therefore entitled to the 45 day buyer protection? I'm not trying to antagonise, I'm just not sure and am a little confused.

To take you up on your point about a legal right to warranty etc, I accept what you say about entitlement and private sales. Ebay however offered a warrently for purchase and I was prepared to pay for this. It was just while reading the terms and conditions (not many do, but I'm usually thorough) where it states not covered for the first 45 days as you are covered by ebays 45 day buyer protection. Did I read this wrong?

Please dont say I should have bought the warrenty and fraudently claimed after 45 days.


bails1964.

bris

You bought from a private seller and pendulum is right. As far as the seller was concerned it worked properly and you did use, albeit for a short time. You have just been unlucky in this situation, but private sales are the same on ebay as anywhere else, Caveat Emptor applies

forgotmyname

How did you file the dispute? Under what section?

Maybe its the way you did it? File for item not as described and doesnt work?

I think you would return it tracked and get a refund. Depends if the return postage would be worth it?

bails1964

bris wrote: »

You bought from a private seller and pendulum is right. As far as the seller was concerned it worked properly and you did use, albeit for a short time. You have just been unlucky in this situation, but private sales are the same on ebay as anywhere else, Caveat Emptor applies

Ok, thanks. Well, I guess I'll just have to take it on the chin then, although I will think twice about buying electrical items in the future ( Except I bought a gopro over the weekend......... ). Its a bit naughty though that theres no protection because the seller says it works ok. I'm not doubting the seller, just ebay policy.

bails1964

forgotmyname wrote: »

How did you file the dispute? Under what section?

Maybe its the way you did it? File for item not as described and doesnt work?

I think you would return it tracked and get a refund. Depends if the return postage would be worth it?

Having spoken to ebay via live chat, and contacting the selller as advised, (and getting no joy), I raised a dispute through paypal as an 'item not as described' (good working order). I never got the oportunity to return it but if I did, it would involve a 2 minuite car drive, same as collection.

Thanks.