PayPal refund - seller is charging back fees to me?

GC20

I wonder if anybody could advise me if the following is legal: I bought some facemasks online in August and paid through PayPal. I never received them and the company never contacted me with any updates. I called them 4 times (after my initial web form wasn’t answered) and every time they said there was a delay but the masks would be with me in 2 weeks and somebody would contact me. Nobody ever did. 

I then received an email this week saying that they would cancel the order and refund me. However, the refund wasn’t the full sum they originally charged me. When I queried that their response was: “The shortfall in the refund received is due to Paypal fees which are not refunded back, unfortunately, this is part of the terms and conditions of sale and this is the reason why the amount is slightly short.”

Is this allowed? Should I be out of pocket after 3 months when they failed to deliver and they cancelled the order? 

soolin

 No it isn’t allowed, a PayPal claim for item not received would get you the full amount back- so  open an item not received case on PayPal. 

GC20

soolin said:

 No it isn’t allowed, a PayPal claim for item not received would get you the full amount back- so  open an item not received case on PayPal. 

Even if the company says in their T&C: "Payments made by via Paypal that are subsequently cancelled will have the Paypal transaction fees deducted from them."?

DiddyDavies

GC20 said:

soolin said:

 No it isn’t allowed, a PayPal claim for item not received would get you the full amount back- so  open an item not received case on PayPal. 

Even if the company says in their T&C: "Payments made by via Paypal that are subsequently cancelled will have the Paypal transaction fees deducted from them."?

Still not legal for a consumer sale. (assuming that you purchased as a consumer and not as a business).
A seller can have their own T&C's but none of these can override your statutory rights and one of these rights is that in the case of a refund for goods not being supplied due to a breach on their part, the retailer must refund the full payment originally made.

Was this the company:
https://www.a1-cbiss.com/terms-and-conditions

GC20

It was a1-cbiss, yes. Thank you for your advice, much appreciated. I will write back to them now.

soolin

GC20 said:

It was a1-cbiss, yes. Thank you for your advice, much appreciated. I will write back to them now.

Why contact company? just open a PayPal claim. 

theonlywayisup

Do not waste your time writing back to them. Open a case on Paypal.  Escalate it as soon as you are able. But get a shift on as August is a long time ago and your time will run out 180 days from purchase. 

the_lunatic_is_in_my_head

That doesn't look a consumer site, from a quick search on masks it looks like they start at £50 and go up and up.

If the OP purchased for business purposes the site can retain the fees. 

theonlywayisup

the_lunatic_is_in_my_head said:

That doesn't look a consumer site, from a quick search on masks it looks like they start at £50 and go up and up.

If the OP purchased for business purposes the site can retain the fees. 

If the op paid by Paypal and the items haven't been delivered they are entitled to a full refund.  

DiddyDavies

the_lunatic_is_in_my_head said:

That doesn't look a consumer site, from a quick search on masks it looks like they start at £50 and go up and up.

If the OP purchased for business purposes the site can retain the fees. 

https://www.a1-cbiss.com/disposable-respirator-8810-sp.html
and from the website T&C's:

When buying from us, we guarantee to abide by UK consumer law.

the_lunatic_is_in_my_head

theonlywayisup said:

the_lunatic_is_in_my_head said:

That doesn't look a consumer site, from a quick search on masks it looks like they start at £50 and go up and up.

If the OP purchased for business purposes the site can retain the fees. 

If the op paid by Paypal and the items haven't been delivered they are entitled to a full refund.  

If they are a consumer then yes of course, if they are a business and the terms say otherwise then they wouldn't be.

Thanks Diddy, searching face masks brings up some very specialist stuff. Again I agree a consumer is entitled to a full refund.