Item not as described - does the shop have to provide a label?

sidneyyoungblood

I need some advice. I recently purchased a used item online (not from eBay but paid through paypal) which was not as described .

I contacted the shop and provided photos of the issue. They apologised, but when I requested a return label, they said they don’t provide them. Instead, they asked me to return the item at my own cost and then invoice them for the postage once they have it .

I My main concern is that if the item gets lost or damaged in transit, I might be held responsible. In the past similar online stores have always provided a label or the courier to collect again . 

Any suggestions on how to handle this?

Exodi

How did you setup the transaction? Goods & Services or Friends & Family? If the latter, I think you'll probably need to march to the beat of the sellers drum.

Agree with your sentiment though, I expect PayPal would have no interest in helping you pursue what would effectively be considered a private invoice.

user1977

No obligation on them to prepay the postage, they're correct in saying you can pay and they refund it. If anything you might be better to do so anyway as you're then in control of the method of posting, able to make claims, etc.

Exodi

user1977 said:

No obligation on them to prepay the postage, they're correct in saying you can pay and they refund it. If anything you might be better to do so anyway as you're then in control of the method of posting, able to make claims, etc.

Are you sure? That would mean the refund would need to be be more than the original transaction value? I'd be suprised if PayPal shouldered merchants with undefined liability like this.

I'm not sure but I assumed the maximum refund would be limited by the transaction value. Their buyer protection T&C's suggest the same (and this is assuming the OP processed this as a G&S transaction).

https://www.paypal.com/uk/legalhub/paypal/buyer-protection

PayPal said:
PayPal's Buyer Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any.

...

IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. PayPal Buyer Protection does not entitle you to reimbursement for the shipping costs that you may incur in returning an item for refund/repair.

PayPal Buyer Protection may apply when you encounter these specific problems with a transaction:

• You didn’t receive your item from a seller (referred to as an “Item Not Received” claim), or
• You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).

user1977

I don't think Paypal's rules can limit your standard consumer rights though?

Exodi

user1977 said:

I don't think Paypal's rules can limit your standard consumer rights though?

While I agree with this, it does leave the OP with the unfortunate prospect that they may end up arguing legislation with the seller/PayPal to get the result they want.

I guess if the postage is a few quid, then it might be worth picking your battles and not dying on your own sword of 'principle' (though appreciate many on this forum are all to happy to do so!).

sidneyyoungblood

Exodi said:

How did you setup the transaction? Goods & Services or Friends & Family? If the latter, I think you'll probably need to march to the beat of the sellers drum.

Agree with your sentiment though, I expect PayPal would have no interest in helping you pursue what would effectively be considered a private invoice.

Thanks... it was paid using the standard Paypal payment though their website .. Its around £20 to return insured due to the value and size , it is just in the past similar shop / stores always provide their own label so they can cover themselves when the item is clearly not as described ...

 I  have taken photos of the item to cover myself just in case there is any issues .  , the shop I think knew of the problem as their first question was how much would I take in partial refund and keep the item ...   

Exodi

sidneyyoungblood said:

Exodi said:

How did you setup the transaction? Goods & Services or Friends & Family? If the latter, I think you'll probably need to march to the beat of the sellers drum.

Agree with your sentiment though, I expect PayPal would have no interest in helping you pursue what would effectively be considered a private invoice.

Thanks... it was paid using the standard Paypal payment though their website .. Its around £20 to return insured due to the value and size , it is just in the past similar shop / stores always provide their own label so they can cover themselves when the item is clearly not as described ...

I  have taken photos of the item to cover myself just in case there is any issues .  , the shop I think knew of the problem as their first question was how much would I take in partial refund and keep the item ...   

Oh I see - and what is the value of the item if you don't mind me asking?

I don't think in isolation there's anything necessarily suspicious about offering a partial refund as resolution. There is a financial incentive for a business to avoid the two sets of shipping costs involved in a return (e.g. in this case, that cost might be ~£40 to the business - it makes perfect financial sense why they might offer you a partial refund of price paid less up to £40 to resolve the issue).

On cheaper products (where a bigger percentage of the total cost is shipping), it's not uncommon for retailers to refund the customer without receiving the item back at all.

Without meaning to cause offence as I'm speaking generally, I think consumers are a bit ignorant of the unfathomable extent of the volume and cost of modern day returns. Of course I don't expect anyone to get out a violin, especially not on the consumer rights subforum.

the_lunatic_is_in_my_head

user1977 said:

No obligation on them to prepay the postage, they're correct in saying you can pay and they refund it. If anything you might be better to do so anyway as you're then in control of the method of posting, able to make claims, etc.

Really depends upon the terms, consumer's obligations are:

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

Don't know what you are returning OP but pragmatically probably easier to return, Royal Mail is best, Tracked 24/48 for £150 cover or Special Delivery if over £150.

https://send.royalmail.com/

Free collection, option to bring label or PO drop off.