issue with PayPal

System

This discussion was created from comments split from: Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE).

mateyboy25

I hope someone can help. I am having an issue with PayPal. Apologies for the long explanation.
We bought some Apple Airpods for our daughter at Christmas and paid via PayPal. I was suspicious of the product, and although they looked OK, we never opened the packaging and took them to the Apple Store in Solihull, who were able to confirm that they had received numerous complaints with regard to the serial number of the product including while it was in transit to our house. In short the following has occurred

• The goods are counterfeit – the item does not match its written description
• A claim has been made within 180 days
• An attempt has been made to return the goods   
• Recorded delivery documentation provided

   PayPal has responded in the following manner:
We've reviewed the transaction(s) and are denying your claim(s). This decision was made because this purchase is not covered under the terms of PayPal Buyer Protection. Find out more about how your purchases are protected and how we investigate claims by clicking Legal at the bottom of any PayPal page. Then, simply click User Agreement for PayPal Service
I have tried to contact PayPal (very difficult via claims centre, also tried phone and twitter). They have stuck to their guns and simply stated 'the case is closed'.
As far as I can tell, the only we have done wrong is not attempted to return the product soon enough (for PayPal's liking). Something we tried eventually, but we were initially reluctant to do as in returning the product it is likely to resold so perpetuating a crime, also not entirely sure what we could have legitimately put on HM Customs forms as 'Counterfeit Apple Airpods' didn't seem appropriate.
Any advise would be welcome
  

MSE_Stephen

Hi @mateyboy25

I have split this post into a new thread for you

eddddy

'PayPal Buyer Protection' is a contractual agreement between you and paypal. Having read though the  "PayPal Buyer Protection" terms and conditions, do you believe they have breached those terms?

If you do think Paypal breached those terms, you have a basis for pursuing PayPal. But if Paypal haven't beached those terms, you don't really have a case against Paypal.

(You might be unhappy with PayPal's terms and conditions, but you agreed to them when you made the payment.)

You mention "HM Customs Forms" - is the seller outside the UK? How did you buy the product - was it via the seller's website. If so, which country's laws was the contract made under?

You might have a case for "breach of contract" or "misrepresentation" by the seller - depending on the local laws in the relevant country, and exactly what the seller said about the goods. But taking legal action in another country will probably be infeasible.

Assuming you paid by card, you might be able to try a chargeback - but that will give you a black mark with PayPal, and they might decide to suspend or close your PayPal account.


Essentially, it sounds like you may have taken a risk by buying from a non-UK company, and the risk hasn't worked out well for you.