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where do i stand as the buyer?

2

Comments

  • jen1301
    jen1301 Posts: 156 Forumite
    Did Paypal say why they ruled against you?

    this is what it says

    'After careful consideration, we're unable to decide this claim in your favour at this time.

    The item is ineligible for PayPal Buyer Protection because it is intangible.'

    Thanks
  • jen1301
    jen1301 Posts: 156 Forumite
    pinkshoes wrote: »
    I'd phone Paypal and argue it out.

    Perhaps it's because you escalated straight away, not giving the seller chance to respond that they went in the seller's favour?

    If you have no luck, the evidence clearly shows the colour you received isn't the colour you were sent, so you could send a "Letter Before Action" threatening court action??


    This did cross my mind but it just seems daft to take it that far when all I want them to do is put it right.

    I'm not the best at writing letters so I wouldnt really know where to start
    Thanks
  • jen1301
    jen1301 Posts: 156 Forumite
    does the 'sales of goods act' cover this?
  • alykatz
    alykatz Posts: 927 Forumite
    Part of the Furniture
    edited 4 July 2013 at 7:21PM
    jen1301 wrote: »
    this is what it says

    'After careful consideration, we're unable to decide this claim in your favour at this time.

    The item is ineligible for PayPal Buyer Protection because it is intangible.'

    Thanks
    But i thought intangible only applied to a service or download type of item not items that are tangible[ie can be handled]and have to be posted?
    You paid for an item and its snad so should be eligible for buyer protection surely?
  • jen1301
    jen1301 Posts: 156 Forumite
    alykatz wrote: »
    But i thought intangible only applied to a service or download type of item not items that are tangible[ie can be handled]and have to be posted?
    You paid for an item and its snad so should be eligible for buyer protection surely?

    This is what I thought!
  • rabbit_burrow
    rabbit_burrow Posts: 293 Forumite
    It is true that 'made to order' items are non-refundable, however, the items that you had made to order are not as described, so you should go back to the seller with your photos and tell them that the item is not as described regardless of being bespoke.

    For example, if someone ordered a square box to be made, and it was made to order, and they were sent a round box, the company would not be able to refuse a refund purely based on it being a 'bespoke item'.
  • jen1301
    jen1301 Posts: 156 Forumite
    It is true that 'made to order' items are non-refundable, however, the items that you had made to order are not as described, so you should go back to the seller with your photos and tell them that the item is not as described regardless of being bespoke.

    For example, if someone ordered a square box to be made, and it was made to order, and they were sent a round box, the company would not be able to refuse a refund purely based on it being a 'bespoke item'.

    I sent them photo evidence via email and they basically accused me of changing the colour on the image.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jen1301 wrote: »
    The item is ineligible for PayPal Buyer Protection because it is intangible.'
    Ok, lets go back a few steps.
    They listed these things on eBay.
    You contacted them through eBay and arranged a sale with them outside of eBay but through Paypal. Technically, I believe, this is against eBay rules but that shouldn't affect things with Paypal (even though Paypal are owned by eBay).
    So the eBay listing is somewhat irrelevant.

    Did they send you a Paypal invoice?
    What did this say? I.e. what did the invoice say that you were paying for?
  • soolin
    soolin Posts: 74,964 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Check your paypal invoice, if you have paid for named goods then phone paypal and tell them they have made a mistake- named goods are not 'intangible' .If however the invoice was for services rather than goods then I suspect the seller knew exactly what they were doing and denying the claim as 'intangible' was all paypal could do.

    The ebay issue is a red herring, forget it- you have as much protection with paypal regardless of whether you bought on ebay or not. All that matters is what you paid for.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • campdave
    campdave Posts: 2,198 Forumite
    Depending on how naughty you're feeling, if the seller arranged a sale outside of ebay through the messaging system, they could get a strike.
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