Faulty goods Help!

soolin

If he does a paypal chargeback for faulty items he may well win as he has a broken club. A claim for item not as described is more doubtful, it could go either way.

If he wins a chargeback claim you will be expected to refund the full amount he paid you including post and packing, but not the cost he incurs in sending the items back to you.

Soo

jay05_2

thanks for all your helpo guys,

just one last question if he does a chargeback will he definately have to send the item back before it can be processed.

soolin

jay05 wrote:

thanks for all your helpo guys,

just one last question if he does a chargeback will he definately have to send the item back before it can be processed.

AFAIK paypal will not release your funds to him until the item has been returned. However, someone else may know otherwise.

Soo

tonyd19565

Is everyone forgetting this is a private transaction between two individuals. THERE IS NO SALE OF GOODS ACT. Its an auction !! if the clubs where in good condition when he signed for delivery. Then he breaks it!!! Its his problem.
You are not a retailer or a manufacturer and with an auction its buyer beware and how do you know he did not crack a tree or a wall with it. The other point is postage does not come into consideration of the amount paid for a claim and he does not get the first fifteen pound that will go to eBay for admin I know I been through it when I was ripped off
The one thing they always say if the money is not in your paypal account they can`t force you to pay.He would need to bring a civil suit but everything you have done is in good faith and your invoice from Bid TV will have the name of the clubs on it unless you have been telling porkies. Which exonerates you

soolin

tonyd19565 wrote:

Is everyone forgetting this is a private transaction between two individuals. THERE IS NO SALE OF GOODS ACT. Its an auction !! if the clubs where in good condition when he signed for delivery. Then he breaks it!!! Its his problem.
You are not a retailer or a manufacturer and with an auction its buyer beware and how do you know he did not crack a tree or a wall with it. The other point is postage does not come into consideration of the amount paid for a claim and he does not get the first fifteen pound that will go to eBay for admin I know I been through it when I was ripped off
The one thing they always say if the money is not in your paypal account they can`t force you to pay.He would need to bring a civil suit but everything you have done is in good faith and your invoice from Bid TV will have the name of the clubs on it unless you have been telling porkies. Which exonerates you

The £15 ebay charge doesn't apply as the chargeback won't be via ebay it will almost certainly come via paypal and is therefore not chargeable on the buyer.

Sale of goods act is a total non starter, paypal does not use that to get money back they use their own terms and conditions purely, because as you say, many people on ebay are not traders but private individuals.

Soo

richto

Say you would have accepted them back in the condition supplied, but as he has broken one of them you cant help any further and suggest he claims on his insurance for a replacement.

If he has damaged the goods and has confirmed this in an email I cant see him getting anywhere with Paypal.

Just in case make sure there is no money in your Paypal account.


Regards,

Tony.

richto

nb - he wont get the money back either if its not in your account!

Paypal might chase you via 'NCO' their debt recovery people - NEVER give them your phone number.

You can ignore them unless they take you to court - which is very very unlikely. Even if they do they they have to come to you and you just turn up in your local court and explain you dont owe them anything as you shipped the item and show proof of postage...

cookiemonster25

why not offer a £10 refund as a good will gesture while stating you are not obliged to do so, happy customer, happy seller? might be worth a try? :rolleyes:

jay05_2

I offered to pay the full postage back, as a gesture of good will but he wouldnt take it, i then offered a refund minus postage if he sent them back but he wouldnt take that either. So ive left it up to paypal , see what they have to say

soolin

jay05 wrote:

I offered to pay the full postage back, as a gesture of good will but he wouldnt take it, i then offered a refund minus postage if he sent them back but he wouldnt take that either. So ive left it up to paypal , see what they have to say

As I've said before I think the decision could go either way, it might also depend on what the buyer is charging back for, faulty goods or goods not as described.

Soo