Paypal buyer protection semantics.

PIPL

Just a word of warning to everyone on here about paypal buyer protection policy.

I took advantage of an offer on social media, paying with paypal, to buy some items that were offered as buy 5 get 3 free, so expected to receive 8. I only received 5. Contacted the seller to ask about the 3 free. Was told, in broken english, your order was for 5 there is no claim to compensate. Raised a case though paypal, seller offered a minimal refund. Refused that offer and asked for something nearer 3/8th of what I'd paid. No reply, emails to seller bounced back as undeliverable. Escalated case with paypal. Initial response was "we do not consider it materially different to what was advertised". Wasn't happy with that since the advert said you'd receive 8. Complained again to paypal and they said "buyer protection does not cover any freebies or promotional items" .
So a seller can con you in to making a purchase with a promotional offer, not deliver the offer, and paypal buyer protection doesn't cover you.  Caveat emptor. let the buyer beware.     

JJ_Egan

Should be in praise VENT and WARNINGS section .

sheramber

Was it buy 5 but only pay for 2, therefore get 3 free.

MarvinDay

I would suggest contacting Paypal again and ask them to point out where in the user agreement section covering buyer protection it states that promotional items are not covered.
I've had a quick look and can't see anything in the list of exclusions that would apply.

PIPL

MarvinDay said:

I would suggest contacting Paypal again and ask them to point out where in the user agreement section covering buyer protection it states that promotional items are not covered.
I've had a quick look and can't see anything in the list of exclusions that would apply.

I have messaged them again, and await their response. Thanks

PIPL

JJ_Egan said:

Should be in praise VENT and WARNINGS section .

sorry, didn't know there was one. Just searched forum for paypal and posted in the section that came up. Now posted in PVW section.

PIPL

sheramber said:

Was it buy 5 but only pay for 2, therefore get 3 free.

Hi - no it was clearly pay for 5. 

soolin

The OP says the advert stated 'buy 5 get 3 free' therefore 3 would be the  promotional items and have no additional cost. As above therefore ask paypal to show you where in their guarantee does it state promotional or free items are not covered.

However, if something is free then I do kind of see how paypal can think there is nothing to refund- they didn't cost you anything- therefore you cannot attribute a value to them. It will depend on the wording of the paypal guarantee though.

https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security

I suspect their get out clause will be in the wording, it says

You purchased 3 items but only got 2.

As you bought 5 and got 5.

PIPL

soolin said:

The OP says the advert stated 'buy 5 get 3 free' therefore 3 would be the  promotional items and have no additional cost. As above therefore ask paypal to show you where in their guarantee does it state promotional or free items are not covered.

However, if something is free then I do kind of see how paypal can think there is nothing to refund- they didn't cost you anything- therefore you cannot attribute a value to them. It will depend on the wording of the paypal guarantee though.

https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security

I suspect their get out clause will be in the wording, it says

You purchased 3 items but only got 2.

As you bought 5 and got 5.

Hi thanks for the reply - I asked them where it expressly states promotional items / freebies are not included and they just pointed me the the T&Cs on the "legal" tab on their website. I can see the point that I paid for 5 and got 5 so you could say there's nothing to refund, however I suspect most people, as I did, would do that math thinking ok $40 for 5 is a bit steep, but for 8 is a reasonable price. And I get it that strictly speaking the disagreement should be with the disingenuous seller. But as my post title says I think paypal are using semantics to get out of their guarantee.  Anyway lesson learned, and hopefully a few more people aware.  

user1977

soolin said:

However, if something is free then I do kind of see how paypal can think there is nothing to refund- they didn't cost you anything- therefore you cannot attribute a value to them.

That's not how it works in relation to other consumer rights though e.g. if you take advantage of "buy one get one free" offers in a supermarket, they can't disclaim liability for half of the items on the basis that they were "free" - in practice it's obviously just a 50% discount on the total price.

outtatune

Hmm. If I go to Tescos and see there's a bogof offer on tuning forks, and I put one in my basket, I wouldn't expect the person on the checkout to run round the store to get me another. I'd expect to pay the same price if I put 2 in my basket as I would if I put 1 in my basket.

By the same token, for an online 'buy 5 get 3 free' if I wanted 8 I'd put 8 in my basket and expect to get 8 and pay for 5. If I put 5 in my basket I'd expect to get 5 and pay for 5.