Advise needed regarding digital item

Wonderingwhattodonow

I'm just looking for some advice on where I stand please.

I ordered something from a company on Facebook, and paid via PayPal. It was a digital item, and I also ordered prints of the item.

We discussed in, what I thought was, great detail about what I did/didn't want. They didn't tell me what they would be doing for the final design - they didn't tell me anything about it to be honest.

They sent me the design to check over and it was completely not what we had discussed at all. There wasn't a single thing I liked about it, so I had to be honest and say I hated it. The terms and conditions state I am allowed 2 major and 8 minor amendments. They asked what I wanted amending and I said I didn't know as I hated the whole thing as it wasn't I'd said I wanted, and was what I said I didn't want. Things were missing from the design too.

They responded by saying they would give me a refund for the amount I paid for the prints. They did this via PayPal before I had chance to reply, and then blocked me from their FB page and personal pages.

I put in a complaint via paypal as the item wasn't as described, and they kept the full payment for making this (they'd only refunded me the cost of the prints), yet I hadn't had the amendments I am entitled to, and havent given me an unwatermarked version for my use. So I'd paid the full amount, but got nothing for it. PayPal refused my request. I assume because it's classed as a personalised item.

It's not a huge amount of money, but it is to me, and it's the principal of it, that I've been blocked by them without them trying to this for me. I've literally got nothing to show for my money.

As paypal declined my request, is there anything else I can do?

wealdroam

Wonderingwhattodonow wrote: »

...is there anything else I can do?

Yes, take them to court.

With out further detail it's difficult to offer anything else.

Did you make this purchase as a business or as a consumer?

Paypal's buyer protection does not cover digital products.

Agricolae

You could possibly take them to court for breach of contract (you should think about taking legal advice before doing so). I assume there are clear records of:

* What was discussed prior to and after the sale
* What you actually received
* The company's subsequent behaviour

?

wealdroam

OP, if you are considering court action, it might be a good idea to read MSE's Small Claims Court guide.

Wonderingwhattodonow

It's such a small amount of money so I wouldn't take them to court, so I guess I need to chalk this up to experience.

I have all the screen shots of what we discussed, what I said I didnt and didn't want from the product etc. I thought I'd be protected by paypal, but that was clearly my mistake

alumende27

Wonderingwhattodonow wrote: »

It's such a small amount of money so I wouldn't take them to court, so I guess I need to chalk this up to experience

Write them a poor review detailing your experience.

GDB2222

Wonderingwhattodonow wrote: »

It's such a small amount of money so I wouldn't take them to court

That works both ways, of course. If it's a small amount, it's not worth their time to defend it.

Wonderingwhattodonow

I would love to write them a poor review but I'm a.) Banned from their page (and personal account!) and b.) They have reviews turned off.

I've been reading and I thought digital content was covered as of 2014 by paypal. I'll have to weigh up whether to take it to small claims then. Would I need a postal address for that? As they haven't provided one

wealdroam

Wonderingwhattodonow wrote: »

I've been reading and I thought digital content was covered as of 2014 by paypal.

You are right. Digital content is covered by Paypal's buyer protection scheme. Sorry for saying the exact opposite earlier.

Wonderingwhattodonow wrote: »

I'll have to weigh up whether to take it to small claims then. Would I need a postal address for that? As they haven't provided one

Sending a letter before action costs nothing and may just be enough for the seller to do the right thing.

This CAB webpage includes a sample LBA.

theonlywayisup

If you've opened a claim with paypal you can't try again.

For future reference, items which are "custom made" ie to your specification (as I assume this was) are precluded from the buyer protection. Was the item custom made? If it wasn't and paypal refused the claim on that basis, it could be you can appeal.

Wonderingwhattodonow

The item was custom made, but not as described.

I phoned paypal today and said I'm also disputing goods recieved as I haven't actually recieved anything. They've reopened the case but I am not feeling hopeful.

Can a letter before action be sent via email? Despite it being against distant selling regulations, I don't have a postal address for the company.