Swing set arrived Broken and holes not matched up.

My mother purchased a swing set ( outdoor for kids) brand new from a seller on ebay. We checked his feedback and he seemed to have very good feedback 99.5 and trust worthy. 



The swing set arrived 2 days after purchase , so we decided to set it up for the children , the box appeared to have been resealed and not brand new. The slide had a crack on the top where the child would sit. The holes did not match up for the slide as well as the teeter board  . Parts had been put together that were not meant to be as well as parts missing. And the plastic white parts on the side did not appear to be new they looked rusty/dirty , the bag and box that had the nuts and bolts was torn open.



We took photo's of all damage and how the holes did not match and sent them to the seller that same day it had arrived.



He replied and said he would refund the postage cost $50.00 and send us the missing parts as well as replace the damaged ones , this was 4 weeks ago or more now. 



We left the swing up as he had said he would send the missing parts ect. and my son who is 5 was swinging on the swing and the chain snapped, my son is very small and not heavy, and then noticed when all 3 small children are on the swing the top bar bends and wabbled..... it states that 238kgs in weight on the swing and that 5 can play on it at a time.



Since then no contact , no replaced parts , no refund and he has now put up that he is " Out of stock and will get more in on the 15/12/2012 ".



He also stated it was :Approval CE certificate and meet those safety standards  , but nothing on the box , swing or instructions to say it was Safety standard of Australia. The company on the instructions is a UK company and it does not exist , the url is not there . On the box it has a picture of a Australian map with a kangaroo but where it says company name it was left blank. It also says its Made in P.R.C on the box. On the box the address it was sent from is a PO BOX.



He is now selling the same swing set on "Gum Tree"  and says he has more than 10 available.



My mother put in a paypal claim twice since its happened , he again offered a refund of postage and replace damaged/missing parts and asked for photo's to be sent. My mother accepted but again no reply since photo's were sent this was over a week ago.



He has not given us a address for us to send back the swing set so its now all in its box and has not replied to our emails.



We have now had to contact our bank and send photo's to the bank as well as paypal and Australia Consumer affairs to try and get our money back.



And now others are having the same issue with the seller with swing sets as well as other items as of his feedback since we purchased it.



I now have 3 very sad little boys who were looking forward to a swing set for christmas , instead now I have no money to go buy one for them and I am concerned that we will not get our money back.



As a buyer I am angry about the drawn out wait with paypal over the issue and having now to contact our bank and consumer affairs to try and attempt to get it sorted..... He is trying to draw out the process so we cannot get our money back and its wrong.





Message 1 of 10
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Swing set arrived Broken and holes not matched up.

Ok, how do you open a Pay Pal claim twice?


 


You open the case for item not as described, escalate to a claim, upload photo's or send it back registered mail as requested by Pay Pal so you get a refund.


 


The seller is trying to string you out over the 45 day dispute time.


 


You have 60 days to leave feedback, NEG them now!


 


Someone else will tell you exactly what you have to do with pay pal, as i am not sure what or how you have opened two pay pal claims for this?


 


 

-- A
Message 2 of 10
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Swing set arrived Broken and holes not matched up.

When My mother put the claim in he replied via paypal with the offer of refund of postage and replaced parts and it stopped the claim I believe. It was on her ebay account and paypal not mine.



And regards to sending it back there is no address to send it to only a PO BOX and we have contacted him to get his shipping address and he has not contacted us back.



I will get Mum to do that straight away on the feedback .... If I could he would get a ear wacking !

Message 3 of 10
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Swing set arrived Broken and holes not matched up.

Yes, you can pull his phone number since you have made a transaction with them.


 


Post in the answer centre link your question, as you will get a better response on how to get phone number and how to deal with this nasty seller.


 


<<<<<  Answer Centre

-- A
Message 4 of 10
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Swing set arrived Broken and holes not matched up.

Was the dispute escalated to a claim at any point? There are two stages to any dispute - when you first open a dispute, it is between the buyer and the seller, they can communicate via the dispute and (hopefully) agree to a resolution. If not, the dispute can be escalated to a claim, at which point it's no longer possible to communicate with each other through the dispute and PayPal then make the decision about what to do.



Usually, when a dispute is escalated to a claim, PayPal instruct you to send the item back (via registered or trackable post) and provide the address; I'm not 100% sure where the address comes from though (i.e. whether PayPal give the seller's registered postal address or if it's reliant on the seller responding to the claim and providing an address). 

Message 5 of 10
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Swing set arrived Broken and holes not matched up.


Yes, you can pull his phone number since you have made a transaction with them.


 


Post in the answer centre link your question, as you will get a better response on how to get phone number and how to deal with this nasty seller.


 


<<<<<  Answer Centre




You can get their contact details by clicking on advanced search (top of the page, right of the search bar), then selecting Find contact information in the left-hand menu (second option under Members).

Message 6 of 10
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Swing set arrived Broken and holes not matched up.

lyndal1838
Honored Contributor

You CANNOT have a paypal dispute and a bank chargeback going at the same time.  In both cases the rules state that it is one or the other.


If a paypal claim is disallowed you do have a bank chargeback to fall back on, but as things stand now you risk losing both of them.


 In order for paypal to give you the address to return the swing set you have to escalate to a claim and paypal will take over.  As soon as you have returned the set by a trackable method you have to upload the details to paypal in order to get your refund.


It is also the same process for a bank chargeback but you have to pay for proof of delivery to the seller, so it is actually more expensive than a paypal claim.

Message 7 of 10
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Swing set arrived Broken and holes not matched up.

Thank you for the link def. going to make a report , we were told by consumer affairs a number to contact I think its the same place you linked.



Will find out more in the morning and yes Mum has escalate the claim with paypal a few days ago now , I will let her know about the bank.



I have only ever had to do a claim once via paypal on a item that did not arrive from china so I have not had such a drawn out process such as this..... and for my Mum its rather stressful to happen just at Christmas.



Thanks all , will let you know how it goes.

Message 8 of 10
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Swing set arrived Broken and holes not matched up.

lyndal1838
Honored Contributor

The most important thing to remember during a dispute is to follow the instructions and do not under any circumstances let the time run out for any step of the process. Paypal is very strict and will close a dispute if you have not done everything exactly as instructed.


Just another tip...paypal works on USA time so it is better to get things done early and not leave it to the last minute.

Message 9 of 10
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Swing set arrived Broken and holes not matched up.

99.5% is bordering on a limit I would not buy from, especially a high priced item from a high volume seller.



Even if you win the Paypal claim it may be contingent on you returning the item which will prove very expensive.



If and when Paypal make a decision is when you should decide how you are going to proceed. It is pointless speculating before that.






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