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  • FIRST POST
    • Forum Name
    • By Forum Name 15th Jan 20, 9:39 PM
    • 56Posts
    • 7Thanks
    Forum Name
    Claiming money back for goods not as described?
    • #1
    • 15th Jan 20, 9:39 PM
    Claiming money back for goods not as described? 15th Jan 20 at 9:39 PM
    Can you do this if using a bank card through PayPal? The total was about £55GBP although the item purchased was in USD and shipped from America. I have tried contacting the company numerous times but they refuse to respond to me. My review on their website did not get approved , surprise-surprise, so their whole review system is doctored. Not that that matters to getting a refund. The purchase was at the end of August 2019, it's just that i only thought today about whether i could claim or not and get a refund.
Page 1
    • Neil Jones
    • By Neil Jones 15th Jan 20, 10:26 PM
    • 3,286 Posts
    • 2,409 Thanks
    Neil Jones
    • #2
    • 15th Jan 20, 10:26 PM
    • #2
    • 15th Jan 20, 10:26 PM
    Might be of interest:
    https://www.paypal.com/uk/smarthelp/article/how-do-i-request-a-refund-faq406
    • eskbanker
    • By eskbanker 15th Jan 20, 11:58 PM
    • 12,142 Posts
    • 15,050 Thanks
    eskbanker
    • #3
    • 15th Jan 20, 11:58 PM
    • #3
    • 15th Jan 20, 11:58 PM
    The total was about £55GBP
    Originally posted by Forum Name
    ....which would rule out claiming under section 75 of the Consumer Credit Act, if using a credit card, as this only covers purchases over £100.

    The purchase was at the end of August 2019
    Originally posted by Forum Name
    ....which would rule out a chargeback, as this needs to be done within 120 days.

    Chances are that both of the above are moot anyway if using PayPal, so follow PayPal's process rather than looking for assistance from your bank.
    • 18cc
    • By 18cc 16th Jan 20, 7:32 AM
    • 2,075 Posts
    • 1,529 Thanks
    18cc
    • #4
    • 16th Jan 20, 7:32 AM
    • #4
    • 16th Jan 20, 7:32 AM
    You simply go to the PayPal resolution centre and open an item not as described / damaged / faulty or whatever against that transaction PayPal will sort it out - I know this because I have done it

    the payment method e.g. your card has nothing to do with us it is purely a PayPal problem
    Last edited by 18cc; 16-01-2020 at 11:26 AM.
    • Nic246
    • By Nic246 16th Jan 20, 11:04 AM
    • 20 Posts
    • 5 Thanks
    Nic246
    • #5
    • 16th Jan 20, 11:04 AM
    • #5
    • 16th Jan 20, 11:04 AM
    I've had this problem before. Go to the Paypal resolution centre and they'll sort it.
    • Forum Name
    • By Forum Name 16th Jan 20, 11:06 AM
    • 56 Posts
    • 7 Thanks
    Forum Name
    • #6
    • 16th Jan 20, 11:06 AM
    • #6
    • 16th Jan 20, 11:06 AM
    Thank you.
    What is the process likely to be? What will they likely need me to provide?

    The item is a set of earphones. They’re advertised as lasting 5 hours. I’ll struggle to get 90 minutes out of them.
    With the nature of the item they obviously can’t be sold on as they are. Nobody is going to want my ear wax in their ears. So I just wondered what the likely process would be before I get in touch with PayPal tonight and start the ball rolling.
    • 18cc
    • By 18cc 16th Jan 20, 11:29 AM
    • 2,075 Posts
    • 1,529 Thanks
    18cc
    • #7
    • 16th Jan 20, 11:29 AM
    • #7
    • 16th Jan 20, 11:29 AM
    You should just be simple and describe the problem as a faulty item (which is probably is given the battery life problem). Say faulty battery - doesn't charge properly. I would not get into details about 90mins v 5 hours or whatever. Keep it simple - faulty item (ie do not use 'item not as described') - that's it.
    • Forum Name
    • By Forum Name 16th Jan 20, 9:56 PM
    • 56 Posts
    • 7 Thanks
    Forum Name
    • #8
    • 16th Jan 20, 9:56 PM
    • #8
    • 16th Jan 20, 9:56 PM
    I am assuming the answer is no but i will ask all the same anyway for clarification. I had to pay £20 to have the item shipped in to the country. I am assuming that i will not be able to claim this as part of the refund and that i will only be able to claim for the item itself?
    • Ben8282
    • By Ben8282 16th Jan 20, 10:22 PM
    • 4,764 Posts
    • 2,629 Thanks
    Ben8282
    • #9
    • 16th Jan 20, 10:22 PM
    • #9
    • 16th Jan 20, 10:22 PM
    I am guessing that the earphones are battery powered. Could the problem be with the type of battery being used? Perhaps the 5 hours refer to using brand X long lasting batteries and you have been using brand Y cheap batteries which don't last as long.
    To me, this doesn't come across as a goods not as described problem.
    It is difficult to see how the manufactuer of a product could state that the battery powered product will last for 5 hours when batteries are different. In order for this complaint to be valid it would have to be a complaint in reference to a statement made at the time of purchase of batteries guaranteeing that they will last X hours when used in a specific model of a specific product.
    Alternatively, if it is a battery that needs to be charged, surely the amount of battery power consumed will vary depending on the exact manner of use, volume level, distance from source etc. Did the manufacturer actually guarantee 5 hours from a full charge or was it something like 'up to 5 hours'.
    Last edited by Ben8282; 17-01-2020 at 4:00 AM.
    • Forum Name
    • By Forum Name 17th Jan 20, 6:11 AM
    • 56 Posts
    • 7 Thanks
    Forum Name
    The battery is fixed. It isn’t like AA’s is what I’m saying.
    https://cre8sounds.com/products/cr8-1-wireless-earbuds “Up to 5 hours”. Except they’re not, they’re up to 90 minutes. I’ve had them fully charged, gone to the gym and done a 45minute workout but we shall call it 60mins. The next day I did the same but again we’ll call it 60mins to be generous. They died before the end of the workout. I disconnect them from Bluetooth connection as soon as I finish the workout. This has happened more than once, in fact I now have to charge them before every workout. It’s my only chance.
    I wouldn’t mind too much but the company refuse to respond to me. I have contacted them numerous times but received no reply.
    • 18cc
    • By 18cc 17th Jan 20, 7:26 AM
    • 2,075 Posts
    • 1,529 Thanks
    18cc
    Open a PayPal dispute for the whole amount including postage although I have to say £20 postage is quite a lot to say the least

    I would suggest the next time you buy earphones you buy them from Amazon
    • Forum Name
    • By Forum Name 17th Jan 20, 8:42 PM
    • 56 Posts
    • 7 Thanks
    Forum Name
    It wasn't £20 postage. I wasn't very clear really. It was £20 Royal Mail fee to import it.
    • born again
    • By born again 17th Jan 20, 9:05 PM
    • 1,367 Posts
    • 759 Thanks
    born again
    Better be quick as nearly up to limit 180 days.
    Don't think that you will be able to claim back import duty. Only the amount of the Paypal debit.
    • Ben8282
    • By Ben8282 17th Jan 20, 9:06 PM
    • 4,764 Posts
    • 2,629 Thanks
    Ben8282
    It wasn't £20 postage. I wasn't very clear really. It was £20 Royal Mail fee to import it.
    Originally posted by Forum Name
    Royal Mail fee to import it? Paid to the retailer in the US? Odd. Never heard of such a fee.
    If you mean that the package was examined by customs on arrival in the UK and some form of tax or duty was charged on it, then you would have received a card from Royal Mail and would have paid them directly on their website prior to them being able to deliver it and the payment would have been made to Royal Mail not the US retailer. As this payment would have been collected on behalf of HMRC I doubt that any attempt to dispute it through PayPal would be very successful.

    Concerning the battery. You agree that it said 'up to five hours', not something along the lines of guaranteed to last 5 hours on a single charge. You also mention a Bluetooth connection which could be increasing the battery consumption. I honestly don't believe that you have any valid grounds for claiming that the goods are not as described.
    Why did you have to buy the product from this little known US retailer and have it shipped here in the first place? Are similar products not sold in the UK?
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