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?

[jd20005]

So basically you are saying that Paypal is above the law? That doesn't sound right.

[jd20005]

Well I guess its' an important lesson for me then. I will review this as I thought that as a UK business their sales were under the juridisction of the UK distance selling regulations. I will probably have to resort to a chargeback with my bank to cover this and provide them with the evidence. It seems that there is a big loophole were buyers have to pay for damaged faulty goods and get out of pocket through no fault of there own. It's a shame but I never want to go through this ordeal again so after this I will be cancelling my Paypal and Ebay accounts and only ever buy in shops from now on.

[foxette-in-sox]

Well I guess its' an important lesson for me then. I will review this as I thought that as a UK business their sales were under the juridisction of the UK distance selling regulations. I will probably have to resort to a chargeback with my bank to cover this and provide them with the evidence. It seems that there is a big loophole were buyers have to pay for damaged faulty goods and get out of pocket through no fault of there own. It's a shame but I never want to go through this ordeal again so after this I will be cancelling my Paypal and Ebay accounts and only ever buy in shops from now on.

Sorry to read you aren't able to make a 5 minute phonecall to Paypal to quickly & easily resolve this & would prefer to wait several weeks to possibly obtain a refund ie some credit card providers don't cover chargebacks & ST George now charges $10 not to mention the overkill re cancelling your accounts.

Given Paypal is now even available to pay bills such as telstra,I'm at a complete loss as to your rationale.

[jd20005]

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

Chargeback is only going to be the last resort.

[digital*ghost]

So basically you are saying that Paypal is above the law? That doesn't sound right.

No, I am saying you don't have UK consumer rights and therefore can't enforce UK consumer law as an Australian buyer, via PayPal or any other means. You do have options that may effectively result in the same thing, though. 

Foxy's advice has been known to work in the past and if it does for you, will result in exactly what you want - a refund without (paying for) return. 

[gameboarders]

You are buying on ebay and paying with paypal....those are the only rules that matter.

And you cannot just cancel the transaction. Only the seller can do that.

I have bad news for both you and Ebay/Payplal if that's what you believe lyndal because Ebay/Paypal are governed by the consumer protection laws of the country/s in which they operate.

I have had more than one occasion to prove to Ebay/Paypal that this is so.

These have all seen Ebay/Paypal reversing their own earlier decisions faster than the speed of light for fear of finding themselves snowed under with legal repercussions.

The last occasion was when Paypal told me to return an Item that was found to be significantly not as described to Germany so that I may receive a full refund from Paypal in due course.

However, Paypal later informed me that the Paypal case had been closed by themselves and I would not be receiving any refund.

Paypal later fell over themselves to refund in full once I discovered through a lawyer that a new contract had in fact come into being between myself and Paypal the moment I'd followed Paypal's own instructions to the letter.

Had the case proceeded into court Paypal would have found itself with a very large legal bill, plus paying out a huge sum to me in compensation for stress and suffering due to its own breach of legal contract.

It took several months to get things sorted out legally but I won the day in the end.

Ebay/Paypal wil always try pull the big 'I AM HIGH AND MIGHTY' act whenever possible but will be forced to back down and eat humble pie if you stick to your guns when you are proved to be in the right.

If you do a search on the internet you will find no end of court claims against Ebay/Paypal which have been found in the plaintive's favour.

Go for it JD.

[gameboarders]

No, I am saying you don't have UK consumer rights and therefore can't enforce UK consumer law as an Australian buyer, via PayPal or any other means. You do have options that may effectively result in the same thing, though. 

Foxy's advice has been known to work in the past and if it does for you, will result in exactly what you want - a refund without (paying for) return. 

The UK consumer act applies to the UK seller, not to the Australian buyer, so it does take effect.

It is a long haul to get the desired results though.

[foxette-in-sox]

plus paying out a huge sum to me in compensation for stress and suffering due to its own breach of legal contract

It took several months to get things sorted out legally but I won the day in the end

All of which could most probably been avoided with a phonecall or worst case scenario,chargeback or Ombudsman.

I shake my head when someone is given 2 options ie the hard way or the easy way & the resulting reward or consequence depending on their choice & wonder why they choose the hard way ?:|

[gameboarders]

plus paying out a huge sum to me in compensation for stress and suffering due to its own breach of legal contract

It took several months to get things sorted out legally but I won the day in the end

All of which could most probably been avoided with a phonecall or worst case scenario,chargeback or Ombudsman.

I shake my head when someone is given 2 options ie the hard way or the easy way & the resulting reward or consequence depending on their choice & wonder why they choose the hard way ?:|

I tried everything you suggested before I went the hard way about things with only negative results for my troubles, so I was left with no other choices.

It was because I attempted the 'reasonable' way it all took so long to resolve.

Ebay/Paypal will try to string you along in the hope you will give up and go away believing you'll never win against them.

[jd20005]

Yes Foxy was right, no use for chargeback.

Thank you Foxy. Also for your support Gameboarders.