Frist ever for not as described item

[*sparklz*]

Long story short here.

With over 5000 sales I have NEVER had to deal with an item not as described dispute.

Buyer put in offer, offer accepted paid and posted.

Buy starts to ask questions after item is posted and realises she has purchased the wrong size item.

Description was 100% accurate re the item and size.

Buyer not in the know assumed she was getting bigger version.

Buyer then opens dispute for item not received less than 24 hrs after paying.

I call PP and tell them the item was paid for less than 24 hours ago.

PP say just wait and see what happens.

Next day buyer changes dispute to not as described.

Tracking shows the item is still in transit and not even delivered.

Call to PP again, they close the dispute and release money back to PP account.

2 days later buyer opens another not as described dispute saying item is not new as per description.

I supply all the proof possible to show it is exactly as described along with the history of the buyers disputes after a change of mind.

Paypal tell buyer to return to seller on the 27/9 for refund by the  by 8th Oct

Today the final day buyer enters tracking number for return of item.

So what happens if

a) the item is exactly as described and the buyer was using any excuse to get the refund (which is the case) as the item is as described.

or

b) they have damaged or used the item in the 10 days it was in their possession before returning it.

What proof would I need to send PP to win this dispute.

The buyer has sent abusive and profanity filed language via the ebay messages (which have been reported)

I can not understand how after opening 2 disputes BEFORE they even had the item that PP would even find in her favor when it was obviously a change of mind or buyers remorse.

[chuk_77]

the closest I could find at wearing a beanie kid:-D

[1sweetap6v8]

@digital*ghost  LOL i dare you to challenge go on just try and challenge a sale dispute in court , As i have known many who have and they all have failed.

Firstly the Judge in his wisdom will not be impressed you dragged a consumer through court for something that was quite easly resolved via a refund.

I know this because ive been in a court and seen exactly the attitude the judge takes in matters of this kind.

In fact my best mate actually bought a large screen TV from a major outlet and was not happy with it so he took it back after he had opened it used and didnt like it.

He returned it the next day and was given a full refund minus $60 for packaging,

He refused to pay the $60 and the retailer would not refund his money until he agreed to.

He still refused left the shop leaving the TV there, he then went to another retailer bought another TV of a different brand. He then lodged a claim with the small claims court, 10 weeks his money and legal and court fees were forwarded to his lawyers office.

You just go right ahead and try and stich your customers all you like one day you will get the wrong one who will challenge you. 

You see your reling on most people walking away in disgust that you wont satisfy there requirements and just give up in disgust which most do,and that is a sure way to make sure they dont return. LOL would love to see you try in court ,Just try it go on or better still just go to your local court house for a day and check out what happens to retailers who dont.

A few years back it was quite common to see woolies coles names there vs an individual , Guess what they got sick of loosing so now they just refund.  And i bet anything you like you wont win simply because you took the money and its you that holds the power to resolve it. Hence PP have made him refund.

Good ebayers will take refunds. So why wont you is a few bucks that important to you. Its good business sense to satisfy your clients.   

[davewil1964]

Apart from anything else, if a seller is not a registered business most of the consumer laws don't apply.

I don't refund for change of mind. Full stop.

If you cared to read instead of carrying on about Woolies, you would see that the buyer has opened TWO claims for SNAD, the first before the item even arrived.

[davewil1964]

Second hand goods also have different rules applying to them. Like the sale is generally as-is.

I suggest you look up the laws you are paraphrasing.

[digital*ghost]

Oh dear... Abandon logic, reason and fact all ye who enter here. 😞

I'll keep this as nice and simple as I'm able.

1. People, businesses and so forth, including PayPal, often make what is called a discretionary payment. It's not because they have to, it's because they want the person making a fuss to shut up and go away.

2. I challenge you to READ the consumer laws relating to the sale of goods, then come back and show me where it says a buyer is entitled to a refund for change of mind. I guarantee you that you will NEVER find it, all you will find is that everyone but you is right.

3. Stop LOL'ing for a moment and take a little time to use some logic. If it was required by law, and eBay require sellers to uphold consumer law, why to they provide the option to select "No Returns Accepted" when a seller lists something? I could tell you why - in fact I already have, but I'd like you to come up with one of your fantastical explanations for it.

And if you do take that moment to stop LOL'ing, also go read the PayPal user agreement, I recommend the Buyer Protection policy in particular, as it tells you quite clearly that said protection does not apply to change of mind. Again, I ask you to use some logic and explain why, if a buyer is entitled to a refund by law for items that are significantly not as described, or merely for a simple change of mind, why does the PayPal Buyer Protection policy only cover Not As Described and give protection for change of mind? 

[tall_bearded]

It appears 1sweetag6v8 still seems to misunderstand the core issue being discussed in this thread, namely, not whether the buyer was entitled to a refund, but whether PayPal had a right to entertain the buyers’ SNAD claim.  That is the buyer has lodged a PayPal claim which is clearly a change of mind claim, and PayPal’s SNAD policy clearly states, if the reason behind the SNAD claim is because the buyer has changed their mind, then they don’t qualify for PayPal Buyer Protection.  

Also, having participated in a number of small claims actions, I found somewhat interesting the assertion that his friend not only got a full refund but also an order of costs.  Interesting because it is my understanding that small claims courts/tribunals are lawyer free zones.  That is, the expectation is that neither party will be legally represented.  This of course brooks the question, in the absence of represention by a lawyer, exactly what legal cost did his friend incur.

[tall_bearded]

Oh and as for the inference of liability by association, that is, even if the seller is a private seller, the mere fact that eBay is a company, and as the item was listed on eBay, his means item was sold by a registered business, is akin to saying, if I advertise my car on the local supermarket community notice board it’s a business sale because the notice board is owned by a registered business.

[chuk_77]

ebay is not an auction house:^O

[british_bloke89]

Sorry I have been watching this tread all day, seeing this get as crazy as it is though i would link to the ACCC http://www.accc.gov.au/content/index.phtml/itemId/1026241

in particular this line here: 

What if I change my mind? Can I get a refund?

No. The consumer guarantees do not require a seller to give you a refund if you change your mind and decide that you don’t like or need the goods or discover that the goods are cheaper elsewhere.

[british_bloke89]

Sorry I have been watching this tread all day, seeing this get as crazy as it is though i would link to the ACCC http://www.accc.gov.au/content/index.phtml/itemId/1026241

in particular this line here: 

What if I change my mind? Can I get a refund?

No. The consumer guarantees do not require a seller to give you a refund if you change your mind and decide that you don’t like or need the goods or discover that the goods are cheaper elsewhere.

Sorry for the poor spelling... It has been a long day....