Seller refusing to give refund.

[homostuck]

The seller said he would give me a refund if I returned the item in "perfect" condition. I did, but now he's claiming the battery is broken.

I insisted on sending him a replacement battery for it, but now he's saying:

"There is a lot of cost involved with this transaction, I bought this laptop for $65 and then I posted to you cost me $15 and then ebay and paypal fees cost about $8.

Now every cent going out for this transaction is from my pocket.

I do acknowledge that this is a inconveniences to you and that is why I have offering you $35, I could have sent back the item to you on your expense as it was returned damaged."

He is insisting on a $35 refund which is absolutely unacceptable seeing as I payed $75 for it.

What should I do? I closed the paypal dispute because it was obvious that he was going to win seeing as that I didn't give enough information at the time, and that paypal somehow skipped the part where the buyer "me" is supposed to give more information.. Do I call an ombudsman?

[homostuck]

So basically this **bleep** has gotten away with it? With both my money and the item? Damn... How does an ombudsman work anyways? I've never heard about them until this incident occured. It surprising too seeing as he has really good feedback, and has sold many things to others users that have been satisfied with him.

[foxette-in-sox]

I'm confused-send me it, are you the buyer or the seller ?

Harley Babes, you keep referring to the OP as the seller in your post plus OP has another thread re associated issue where they have been deemed to be the seller.

(scratches head )

[homostuck]

Yes. I am the buyer.

[jatlc]

I had bought an item last week, I received it then realised it was not what I thought I had ordered. Apparently the Ebay seller has listed in their fine print. No refunds! I told them that's against the consumer act in Australia, that they as the seller can't do that by law.
They took it to eBay, I was told to revisit the fine print where the seller has started no refunds. Is this correct? I was happy to pay the return postage, they still said no and it's not against the law to do so! Do I have any recourse here? Or is this Ebays policy also?

[jatlc]

PayPal can and has reopened closed disputes. I have done it myself twice. I just ring Paypal and tell them what happened and that the dispute was closed by accident. They have then told me to not worry, that they will reopen the dispute. It does take a few hours for it to show up on your side. I hope that works, for you, it's so frustrating dealing with eBay.

[*tippy*toes*]

If you have an issue, best to start a new thread and not drag up a 7yo one.

Unless the seller is a registered business in Australia, with an ABN, then consumer law doesn't apply. 

If a seller says no refunds, then they are under no obligation to accept one. The only time it can be forced is if the item you received is not as described. No refunds is for change of mind, which is sounds like yours is. If you go back and look at the listing you bought from, if you received what was in the ad, then it's as described and a return will be for change of mind.

If you had intended to buy a different item and accidentally bought the wrong one, then you can always sell it yourself to recoup your costs.

[*tippy*toes*]

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@jatlc wrote:
PayPal can and has reopened closed disputes. I have done it myself twice. I just ring Paypal and tell them what happened and that the dispute was closed by accident. They have then told me to not worry, that they will reopen the dispute. It does take a few hours for it to show up on your side. I hope that works, for you, it's so frustrating dealing with eBay.

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The thread is nearly 7 years old, so way too long for the OP to reopen a closed dispute. Besides, the OP isn't even an eBay member any more. No longer a registered user. Even less reason to call PayPal.

[jatlc]

An ombudsman works unfriendly from eBay and anyone else. They are a terrific governing body. They are there to sort out the first and fact to the truth. It costs nothing. They are fantastic. I would fully recommend them.

[davewil1964]

This thread is over SIX years old, and has to do with Not as Descibed items, not change of mind.

Yes, the seller is correct. Even if they are a registered Australian business (which is the only way they are subject to consumer law), NO business has to accept change of mind returns.

The time to determine if an item is what you want is before you buy it. If the seller accepts a return, they are required to refund the original payment. So, they are out initial postage and Paypal fees. All because you didn't know what you were ordering.

[jatlc]

This has happened to me, and I didn't change my mind. I bought the item by mistake! The sellers are rude arrogant and just will not budge because it's on there listing NO REFUNDS in small print! Ebay to wasn't very nice either. They directed me to read the fine print on the sellers website.