Damaged items

creative-2008

Refund

Last summer I bought two matching furniture units from an online only retailer. One of the units was received damaged. The retailer arranged for collection and replacement - only for me to receive another damaged unit. This happened again, and then again. At the end of last year I was on my fourth damaged unit, and emailed the retailer to request a refund. 

After several ignored emails, I did eventually get a reply, suggesting that I must be at fault and threatening me if I continued to pursue a refund. I am pleased that I have kept clear photographic evidence of each item of furniture. 

At this point, I stopped communicating with retailer and opened a case with PayPal as I paid through them. Surprisingly, the retailer accepted a full refund for both units: the damaged unit and the matching unit. The matching unit is in perfect condition, however is of no use to me as they were bought to match. Interestingly, the undamaged unit was not delivered in its original packaging - implying that someone else may have sent it back first - although that it rather beyond the point. 

PayPal insisted that I arrange for the return of the furniture and provide a tracking code. I found that this wasn’t possible either as the courier couldn’t handle a large item or couldn’t provide a tracking code. I have kept clear evidence of all of the couriers I have contacted. 

I emailed PayPal to advise that I was having difficulty and to request that the retailer arrange collection. They ignored this message and closed the case as I had not submitted a tracking code by the deadline. I appealed this and got a generic response telling me that they stood by their original decision to close the case. 

I am wondering what to do now. I see my options as 

a) a formal complaint with PayPal

b) get back in touch with the retailer and ask if they are willing to collect

c) get back in touch with the retailer and advise I will pursue them through the small claims court

Any advice?

the_lunatic_is_in_my_head

Paypal's buyer protection is in addition to your consumer rights so they can require you send the item back and provide tracking in order to win the case. 

If the goods arrived damaged and the retailer has already had one attempt at a repair or replacement you may either exercise the final right to reject for a full refund or may have the right to a part refund (if you wanted to keep the goods with the damage present). 

If you can't agree a resolve with the retailer then you should send a letter before action and then file through small claims if the issue still isn't resolved.