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PayPay's T&Cs and Buyer Protection

Hi all

I am having a situation here and I wonder if any of you can help me.

Very briefly, I bought something from ebay.com 2 weeks ago. The seller is based in USA. I received the item today but it is damaged. My little investigation tells me the seller deliberately sold me a damaged item but he advertised the item as new in original box.

I phoned PayPal UK to explain the situation. I was told that for me to gain the full refund, I will have to return the item in my own expense. I disagree with that totally. The item costs me £34 and to return the item back to USA it will costs me £20. I cannot see why I should pay for the return postage while it is the seller who deliberately sold me this damaged item.

PayPal UK threw its T&Cs at me saying buyers are responsible to the return postage. I simply cannot see why I should pay £20 to get my £34 back.

I just wanted to know what right I have got here in term of this return postage.

Any suggestion, help and advice are very much appreciated!
«13

Comments

  • As Paypal buyer protection is something that is in addition to your statutory rights, they are legally entitled to state that it is a buyers responsibility to have to cover the return postal costs if you wish to avail yourself of the service.

    If you haven't yet opened a dispute, it would be best to open it through ebay and when asked to return the item to the seller, contact ebay and explain how much it will cost you to do this.
    They do occasionally pay for postal costs themselves, and another thing that sometimes happens is that they make a "no fault" refund.
    They refund you the full amount that you originally paid out of their own funds and if they do this, there is no need to return the goods to the seller.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You bought an item from the USA so you have no rights unless you can enforce them in the USA.

    Paypal and ebay will not get involved in any return postage costs, thats a SOGA isssue but once again the item is from the USA so our SOGA wont help you.
  • Money-Saving-King
    Money-Saving-King Posts: 2,044 Forumite
    edited 24 February 2014 at 10:44PM
    Agree with Shaun do it through eBay. Under their money back guarantee, suggest to the seller that your postage cost gets refunded as well. If they say no let the case go to eBay to sort out, you may get lucky that way.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I wonder if ebay.com has the same buyer protection rules as ebay.co.uk?

    I haven't checked for the answer to that question, but it does need considering.
  • soolin
    soolin Posts: 74,407 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    wealdroam wrote: »
    I wonder if ebay.com has the same buyer protection rules as ebay.co.uk?

    I haven't checked for the answer to that question, but it does need considering.

    The seller protection is exactly the same , the only thing that might be different is the ability to get a free postage label out of them.

    I think the OP would probably get better responses on the eBay board (see my sig for link) though rather than on here.
    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.
  • When I phoned PayPal UK to report the issue, the 'unhelpful' staff told me there was nothing PayPal could help me on the return postage. Therefore he said he was going to open a claim for me from PayPal, and now I cannot go back to eBay to file a dispute.
  • soolin
    soolin Posts: 74,407 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BartyBoy wrote: »
    When I phoned PayPal UK to report the issue, the 'unhelpful' staff told me there was nothing PayPal could help me on the return postage. Therefore he said he was going to open a claim for me from PayPal, and now I cannot go back to eBay to file a dispute.

    That is correct, you will have to work with the paypal one now it is open and return the item, fully tracked within 10 days to get your refund.

    It is a shame this wasn't on the ebay board before you phoned paypal- we would have advised you not to do so as all they can do is open a claim.
    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.
  • soolin wrote: »
    That is correct, you will have to work with the paypal one now it is open and return the item, fully tracked within 10 days to get your refund.

    Thanks for the comment.

    In term of sending the item back to the seller, what do I need to do and what do I need to supply to PayPal so that I can get my full money back?

    Many thanks!
  • soolin
    soolin Posts: 74,407 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BartyBoy wrote: »
    Thanks for the comment.

    In term of sending the item back to the seller, what do I need to do and what do I need to supply to PayPal so that I can get my full money back?

    Many thanks!

    You need to look at the open case with PayPal. It should show a date by which item must be returned, usually 10 days after case is opened. The item must show an attempt at delivery, which is going to be difficult overseas but you will at least need air sure or international signed for. That is going to cost a fair bit

    If you are in any doubt about the dates phone PayPal again and ask as if item does not show an attempt at delivery by the date given the case will close in sellers favour.
    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.
  • soolin wrote: »
    If you are in any doubt about the dates phone PayPal again and ask as if item does not show an attempt at delivery by the date given the case will close in sellers favour.

    Not that I haven't tried before, but every time when I phoned PayPal UK, the staff were always unhelpful. They kept on talking over me and raising their voice on the phone then they claimed they didn't.

    I can see it is going to be a big challenge to speak to PayPal again, despite the fact that the person who I spoke to last night did not even know the seller shipped the item via the eBay Global Shipping Programme, and kept on saying the parcel was handled by USPS then Royal Mail. Everything that he told me was wrong apart from the 'rules' on the T&Cs.

    I am not asking PayPal to pay for the return postage in its own money, but the seller, so I cannot understand why PayPal needs to make the whole process so painful.

    Thanks for the comment again...
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