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.

[1sweetap6v8]

@digital*ghost  no im not wrong your believing what the seller has to say you have only 1 side of the story and regardless i will garentee you the consumer has a different story and ill bet money right this minute no matter who is telling the truth and who isnt you will be made to refund the money hence why now most retail stores will not even bother asking they no most customers will bend sherk lie or simply not give any explanation to why they want there money back as long as it is as they got it and have proof of purchase your money will be refunded. And thats why PP are saying give the funds back because they no that the law says you must. You can bring up all the laws and argue all you like  there is always one that says differently and when challenged in court the consumer is most likely to win as has been proven hence why big chains now use it as an advertising ploy. Also i find it ironic this person argues yesterday for the same benifits to buy and sell like a big chain but does not wants to warrantee and garrentee the same as them. You have not got all the info and you are reling on hear say for a single party not all involved you will be made to refund so dont make an ass of yourself just do it.

[jensmanchester-australia]

as long as the item in question is sold in Australia you havent tampered with opened it and have the reciept you have a time period in which you can return it for a FULL refund

As Digital Ghost stated before - this is completely wrong.

There is NO consumer law in Australia which states that a consumer is entitled to a Full Refund just because they have changed their mind.

If you would like this point clarified then it may be best for you to contact your local government department.

[1sweetap6v8]

@rumple 1951 regardless what you call it , its a piece of clothing . YOU said.......

The item in question is a BEANIE KID....which is a TOY/COLLECTABLE...just where would you suggest the buyer was going to wear it ?

Last time i new a beanie was worn on ones head collectable or not its a piece of clothing like i stated. And its now up to the sell to prove it was used.? I garrentee PP refund the money its not worth there trouble your causing over it.

And Sparkie just confirmed it all PP has made him return the funds and no matter what happens from this point on PP wont do anymore especially for 2 buck beanie LOL and you call yourselves quality business people you dont even realise what your saying or doing. IT LAW you have a right to return anything purchased as long as you have not tampered used opened it and have proof of purchase. As much as you all dont like it its exactly why big business do because they have been challenged over it and LOST. Thats why they now just refund its cheper than a court case.

[1sweetap6v8]

jensmanchester LOL no im not wrong again you dont get it your taking the side of the seller without the other side of the story no matter what you all think that person has a legitamate reason in the eyes of the law they simply do not want it and if they lie then its up to you the sell to prove it in court PP and ebay couldnt give a rats ass its a 2 buck beanie LOL. Yes it is law go buy something at coles woolworths myer david jones anaconda bunnings mitre 10 any retail out let then take it back a few days later unopened with your reciept ill bet you right this minute they take it back NO QUESTIONS ASKED, why not because they want to because they no they have to.

[*sparklz*]

1sweetap6v8

You have NO idea what you are on about.

This was a $65 Beanie Kid Teddy bear.

It is NOT an article of clothing.

It is a collectable Bear.

[digital*ghost]

@digital*ghost  no im not wrong your believing what the seller has to say you have only 1 side of the story and regardless i will garentee you the consumer has a different story and ill bet money right this minute no matter who is telling the truth and who isnt you will be made to refund the money hence why now most retail stores will not even bother asking they no most customers will bend sherk lie or simply not give any explanation to why they want there money back as long as it is as they got it and have proof of purchase your money will be refunded. And thats why PP are saying give the funds back because they no that the law says you must. You can bring up all the laws and argue all you like  there is always one that says differently and when challenged in court the consumer is most likely to win as has been proven hence why big chains now use it as an advertising ploy. Also i find it ironic this person argues yesterday for the same benifits to buy and sell like a big chain but does not wants to warrantee and garrentee the same as them. You have not got all the info and you are reling on hear say for a single party not all involved you will be made to refund so dont make an ass of yourself just do it.

Sorry, but I find this to be a very strange reply to my post. ?:|

You made assertions about Australian law that are completely incorrect, and I pointed this out. This particular case and the finer details of it are completely irrelevant to that. The fact that a seller can be made to refund money by PayPal when a buyer is not telling the truth - as you have so eloquently pointed out - doesn't mean it's in keeping with Australian law and why, by using Australian law, PayPal's decisions can be successfully contested.

And no, the consumer is not most likely to win if they challenge a seller on no returns for change of mind, because the seller would be in the right legally. 

[jensmanchester-australia]

jensmanchester LOL no im not wrong again you dont get it your taking the side of the seller without the other side of the story no matter what you all think that person has a legitamate reason in the eyes of the law they simply do not want it and if they lie then its up to you the sell to prove it in court PP and ebay couldnt give a rats ass its a 2 buck beanie LOL. Yes it is law go buy something at coles woolworths myer david jones anaconda bunnings mitre 10 any retail out let then take it back a few days later unopened with your reciept ill bet you right this minute they take it back NO QUESTIONS ASKED, why not because they want to because they no they have to.

I have a retail outlet so I have to abide by consumer law.

You can interpret the law however you see fit but at the end of the day there is NO law which states a store has to accept returns for change of mind. Stores MAY have their own policies for these situations but they will vary from store to store.

[patchoo78]

I have one thing to say to you 1sweet: LEARN HOW TO USE PARAGRAPHS

[patchoo78]

Actually most stores do not have to refund for change of mind, some of the bigger department stores might, but they don't have to.. 

Smaller stores usually have a sign reading something like: "please chose carefully, we don't refund for change of mind" a lot of stores won't refund if it doesn't fit but they will let you exchange it or give you a store credit.

[rumplebear1951]

@rumple 1951 regardless what you call it , its a piece of clothing . YOU said.......

The item in question is a BEANIE KID....which is a TOY/COLLECTABLE...just where would you suggest the buyer was going to wear it ?

Last time i new a beanie was worn on ones head collectable or not its a piece of clothing like i stated. And its now up to the sell to prove it was used.? I garrentee PP refund the money its not worth there trouble your causing over it.

And Sparkie just confirmed it all PP has made him return the funds and no matter what happens from this point on PP wont do anymore especially for 2 buck beanie LOL and you call yourselves quality business people you dont even realise what your saying or doing. IT LAW you have a right to return anything purchased as long as you have not tampered used opened it and have proof of purchase. As much as you all dont like it its exactly why big business do because they have been challenged over it and LOST. Thats why they now just refund its cheper than a court case.

That will teach me to read and drink at the same time...talk about COSM...

A BEANIE KID is a TOY/COLLECTABLE it is NOT a piece of clothing...a BEANIE HAT is worn on the head....google BEANIE KID if you do not believe me...PMSL