Faulty Item

[henners246]

Hi, 

I recently bought a Nintendo 3DS off eBay, the item was described as As New; the seller had opened the package and turned the 3DS on to ensure it was still working. I ended up winning the item at just below what it cost at a store in town. I paid through Paypal and the item was posted etc except when i received it the 3DS would turn on and go to homescreen but would not register any game cartridge placed in it! So i could not play games on the 3DS  I messaged the seller straight away and over a week or so we tried to organize sending the 3DS off for warranty but after checking with Nintendo i needed a purchase receipt (Warranty only covers 12 months) and as I am in Western Australia it would probably take at least 3 weeks, which puts me almost out the buyer protection. So I opened a case in Paypal and politely requested a refund, to which he replied that he was not at fault and i just need to send it off to Warranty. Sorry for being long winded but please advise me what to do next!

[digital*ghost]

If the item is, as it sounds, faulty, and that wasn't disclosed in the listing, your best option is to escalate the dispute to a claim (simply opening the dispute is a means to communicate, via PayPal, with the seller, but if you can't come to an agreement, then escalating the dispute to a claim means PayPal makes the decision about what happens next).

If PayPal find that the item is not as described, they will instruct you to return in to the seller by registered post (at your expense) to receive a refund of the original payment. 

Most warranties are void if the item is onsold, so I don't think that would have been an option anyway. 

[henners246]

Thanks,

I will do that

[patchoo78]

Make sure you put a Road Only sticker on it, as a DS has a lithium battery which can't be shipped by air

[heavy_head]

Remember, they will only receive a refund if there are suitable funds in the Sellers Paypal account - if they have cleared it out and the account is empty (as has happened to me in the past) you will get nothing.

[davewil1964]

Not on eBay. eBay buyers are covered by full buyer protection. If they warrant a refund, Paypal will refund them regardless. If the seller has insufficient funds, Paypal will then pursue them (through the courts if necessary) for the money.

[heavy_head]

Since when? 

Two times it has happened to me now that PayPal have just stated to me that 'We tried what we could, but there was insufficient funds in the Sellers account.  There is no more we can do."

[r4vi]

I can't see how it is the OPs responsibility to pursue warranty.  If the item is DOA from the seller after the seller stating it is working properly, then the seller IMHO should take back the item, refund ALL costs, and pursue warranty themselves.

[2106greencat]

heavy-head and r4vi - please stop giving incorrect information on the boards. It is not helpful and even by backing one another up as you often do still does not make incorrect advice correct.

OP - take the advice of digital and davewil is correct you will be reimbursed by payal regardless of available funds.

[putney32]

Remember, they will only receive a refund if there are suitable funds in the Sellers Paypal account - if they have cleared it out and the account is empty (as has happened to me in the past) you will get nothing.

not true, the majority of eBay sales, paid with PayPal are covered by PayPal's BUYER protection  (there are a few items that are exempt, including gift cards, concert tickets, et)

if the seller has no funds, PayPal pay from their own fund and pursue the seller at a later date (without it impacting on the buyer)