Can a seller refuse a refund once item has been sent back

[banga1988]

Hi

i purchased a used boat sounder which was described as perfrect working order. Received hooked it up and it cuts out and turns off. Concted the seller stright away asking for refund as faulty. They replied that it was working fine when posted , offered 50% refund then after refusing saying i want a full refund keeps denying there is an issue saying it was damaged in transit, working perfect when left etc. 

Im insisting on refund. Said I need to post back before they will refund. 

My concern.. if i send back can they deny my refund?? Im worried he is going to say ive damaged it which i totally havent its was $600 **bleep**.

Any advise is greatly appreciated. 

Cheers 

[aussie-wholesale]

No.
Unless stated the item is faulty and faults are wrong with it in the description your entilited for a refund. Send the item back.
If he complains the item was damaged in transit, send the item back and he will claim insurance from the postage company.
If the item is worth $600 he should of paid extra insurance (post services usally cover up for $50, unless you buy extra) .
Sellers responsibe, this is australian law. if the item is faulty, your entlilited to a refund.

Have a great day mate.

[chameleon54]

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@chameleon54 wrote:

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@letscleanupmycupboards wrote:
Chameleon54 it doesn’t matter if there’s funds in the sellers PayPal it will just go into a negative amount. Next time the seller receives money it goes off the negative amount until it zeros out or if the seller adds funds. If they use the account to buy the negative balance must be zeroed out before a purchase can be made. They can’t actually take it from a bank account but it essentially freezes their ability to sell until the matter is resolved.

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You are correct with everything above including that paypal cant take money from a sellers bank account unless the seller has agreed to it.

I was reffering to a bank account or credit card linked to the paypal account as a preffered payment method. ( I should have clarified that ) The way I read it under Paypals user agreement, sellers agree to allow paypal to take money from linked bank or credit card accounts to bring a paypal account into credit.  Please see extract from paypal user agreement below

Amounts owed to PayPal

If you owe any amount to us, our affiliates or eBay you agree to allow the recovery of these amounts by debiting your account promptly after we form a conclusion on reasonable grounds that payment will not be received in full for any reason.  If there are insufficient funds in your account to cover any amount you owe us, our affiliates or eBay, the amount becomes immediately due and payable by you and you authorise us to satisfy any of these debtsby:

• Debiting your account at a later date;
• Debiting a preferred payment method;
• Setting off the credit balance of any account you have with us or any monetary liability we owe you and towards satisfaction of your debt; or
• Any other legal means.

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Just a couple more thoughts on this.

We quite regularly see posts on forums from sellers complaining that paypal took money from their bank accounts without their permission to cover things such as INAD claims or overdue fees. I suspect in just about all of these cases, the seller DID in fact give paypal permission to take the money from their accounts.

The only problem is it was probably 5 or 10 years ago when they signed up to paypal and just checked the tick boxes without first reading the paypal users terms and conditions and not understanding the consequences of those tick boxes.

[countessalmirena]

@aussie-wholesale,

That's not Australian law.

Spoiler

❝Risk prima facie passes with property

Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk, whether delivery has been made or not: [...]

Delivery to carrier

Where in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.❞

- Sale of Goods Act 1923 (NSW - current)

It is, however, part of the terms and conditions applying to purchases on eBay, paid for by PayPal. eBay explicitly has policy wherein the goods are at the seller's risk until the delivery can be proved to the buyer's address (rather than to the carrier); PayPal's policy has the goods at the seller's risk until there is proof that the seller has posted the goods / transferred the goods to the carrier - which is more in line with Australian legislation.

Spoiler

Some day a seller may challenge eBay legally about this transfer of risk, since a User Agreement which obliges an individual / business to agree to terms which negate a consumer's or business's rights under Australian legislation is very likely to be unenforceable, and may land eBay in hot water. However, eBay seems to date to have "managed" the situation, probably by a combination of incorrect advice given to complainants, the significant imbalance in power between eBay and its users, the wish not to risk having the complainant's account summarily suspended, and so on.