Ebay/Paypal infringing consumer rights laws?

[jd20005]

On a recent transaction on Ebay I ordered a phone housing from a seller in the UK. When this item arrived it was damaged. I told the seller about the damage and he said I needed to return the item for a refund/exchange. Fair enough, but the return postage plus tracking that I have read that Paypal require in order to refund is going to cost just as much as I paid for the item. I'm pretty upset about this as it's not my fault the item is damaged and not fit for purpose. Anyways, I have been reading up on Australian Consumer Law and Uk consumer Distance Selling Regulations and both say that the seller should pay for return postage for a faulty item. So why have I read in other threads on the internet Paypal says that buyers should pay for return postage? Doesn't this infringe consumer rights? Also the seller said, after I had opened a not as described dispute with paypal, that he would only pay for return shipping if a complaint wasn't opened, which was funny since they never mentioned it before I opened a dispute. Surely just opening a legitimate dispute can't be grounds for a supplier not paying return postage?

[lyndal1838]

Yes I will do this Fox when I have completely woken up 🙂

Chargeback is only going to be the last resort.

Have you ever done a chargeback for an item Not As Described?  It is no different to a paypal dispute...you have to return the item by trackable post at your own expense....AND obtain a receipt to say that the item has been received.  This actually means that you are going to pay more to return the item for a bank chargeback than for a paypal claim.

A bank chargeback is only effective if you have exhausted all other avenues to obtain a refund.

An Item Not Received claim is a different matter.

[boggo58]

Ebay is probably fully aware of this as they are fully aware of people selling counterfiet goods and doesnothing about it and keeps it on the QT.

[2417db]

eBay terms clearly show

"

Return policy

Item must be returned within

30 days after the buyer receives it

The seller is responsible for return postage costs.

Refunds by law: In Australia, consumers have a legal right to obtain a refund from a business for goods purchased if the goods are faulty, not fit for purpose or don't match description. More information at returns - opens in a new window or tab."

[countessalmirena]

@2417db,

Welcome to the boards.

I should just mention that the thread on which you posted was started 04-03-2013, at 04:26 PM.

The last post on the thread (before you posted) was 05-03-2013 at 06:42 PM. It's been a dead thread for six years.

Rather than post on a dead thread (and turning it into a zombie thread), you will find that it's better to start a new thread. You can do this by clicking onto the New Message button at the top of the Buying board. (Or just click the link that I've provided.)

By starting a new thread, old, outdated and irrelevant information will be avoided. (By the way, you've quoted returns information without providing the context. Returns on eBay can be Significantly Not As Described returns, or they can be Change of Mind returns. They have different terms.)

As for this thread, let it rest in peace.

[davewil1964]

Was that the case in early 2013, when this thread was current?

Are you aware that Australian law only applies in Australia and if one party isn't in Australia the law cannot be enforced?

[*tippy*toes*]

To add to what the others have said, for what it's worth, given you probably won't be back to read any replies, Australian Consumer Law only applies to registered Australian businesses. It doesn't apply to someone like myself, who sells stuff from home, isn't a registered business, and doesn't have an ABN.

I know this to be fact after a buyer took me to court and tried to claim Australian Consumer Law. The magistrate tut tutted and closed the case immediately in my favour, for the reasons I mentioned above. Had I been a business, then it probably would have proceeded with more evidence. Instead, the buyer stood there in court screaming at the magistrate. He politely told her husband to remove her from the court or she'd be arrested. Moral of the story, always consult a lawyer. Don't rely on google (which is what they did). It took my lawyer all of 30 seconds to bring them unstuck.

As also mentioned, if the seller is overseas, then too bad. They can't be held up under Australian Consumer Law, as they aren't a registered Australian Business. It pays to educate yourself before dragging up zombie threads to add nothing of substance.