RETURN POLICY---whats the go with this

[2611geoff]

Hi All , i currently have a case INAD and paypal say item may be returned and i should make a full refund.

The item was sold with no return box ticked.

I have no desire to recieve an item back ,  that is not in the condition that is was in ,  when sent , let alone make a full refund.

Any ideas

Thanks in advance

[thecatspjs]

^^^^^^ in response to post 8

[2611geoff]

Hi folks , thanks for your replies.

More info 1  the item i sent was a 2nd hand piece of audio equipment.($299)

                2 the item was tested and working before sending(will sign stat dec if needed)

                3 INAD case said item not working

                4 if item sent back , then it will arrive , not as sent---bottom line , i end up with stuffed item and out of pocket to the tune of $220 postage (9kg)

                5 when the item was paid for  , the item belongs to the buyer and i feel the buyer should seek buyer protection , either from insurer (if any) or Paypal

                6 the item may have been damaged in transit or by misuse by buyer or third party , the onus of proof surely lies with the buyer or paypal----call me old fashioned but i thought i was innocent until proven guilty.

Thanks so much for your input , but please share the love.

[***super_nova***]

However, what the Fair Trading Act of Australia says is set in concrete for us all.

Fair Trading Act only covers businesses, it has nothing to do with private seller selling something they do not want.  Just like they would not cover anything bought from newspaper ad.

[purple.cow]

Maybe read other individuals posts, instead of just focusing on crafting your own, then you would know that the honor was bestowed on moi by another poster. 😛

I intended my comment as a joke, hence the little yellow winking face.

Lighten up a bit will ya.

[purple.cow]

Sure..

Just so you know, retailers don't have to refund for change of mind..

Funny that, but I'm sure I said the same thing earlier!

[purple.cow]

Hi folks , thanks for your replies.

More info 1  the item i sent was a 2nd hand piece of audio equipment.($299)

                2 the item was tested and working before sending(will sign stat dec if needed)

                3 INAD case said item not working

                4 if item sent back , then it will arrive , not as sent---bottom line , i end up with stuffed item and out of pocket to the tune of $220 postage (9kg)

                5 when the item was paid for  , the item belongs to the buyer and i feel the buyer should seek buyer protection , either from insurer (if any) or Paypal

                6 the item may have been damaged in transit or by misuse by buyer or third party , the onus of proof surely lies with the buyer or paypal----call me old fashioned but i thought i was innocent until proven guilty.

Thanks so much for your input , but please share the love.

All you need to provide to prove your case lawfully is a copy of the test certificate as carried out by the approved equipment tester.

If you have this you should scan it and send the copy to Paypal in response to the claim, and if they follow the law you win your case.

If Paypal refuses I'm afraid the next step is visiting your local lawyer to see what they advise, but your first visit to them is usually free if they don't actually do anything beyond offering their considered opinion on the matter at the time.

Once you have the facts from them clear in your mind you can dispute Paypal's decision and state what the lawyer tells you to to Paypal.

The buyer won't receive any Paypal refund until they can show paypal a trackable postal receipt and you have received that parcel, so you have a little time up your sleeve, but I wouldn't recommend wasting any of it if i were you.

Most important is that test certificate off to Paypal.

No certificate = you're totally screwed!

[the_hawk*]

WOW the heat seems to be getting to some 😮

[phorum_junkie*]

You only know that it was working before you packet it up, you cannot know if something was shaken loose or some other damage was caused during delivery, you also cannot know if the thing was near the end of it's life and decided to die after the buyer started using it.

If it stopped working any time up to the 45 day time limit for a Paypal dispute to be opened then you would have to refund once it is returned.

Fair Trade, Distance Selling regs, Consumer law etc etc only apply to items sold BIN bu an Australian registered business seller, they do not apply to private sellers or to auction items. they also have nothing to do with Paypal policy!

[bookmanx500]

And Comsumer Affairs Victoria advise buyers in these cases to file a Pay Pal claim.

Barrie

[peternt2001]

I have read so many threads recently where people have been slamming on ebay and paypal about how they do not operate under the correct consumer laws of Australia.

whether they do or they dont, is pointless in atleast 90% of ebay transactions.

even if you buy a brand new product from a licenced business, you are still behind the 8 ball , if you need to hire a lawyer to fight a case and claim compensation for you, you have already lost.

how many of the transactions on ebay would cost more than the hiring of a lawyer, i am sure there are still a lot of transactions where there are large amounts of money involved but they would be in the minority

for arguments sake, if i brought a $1000 laptop under the above circumstance, i still wouldnt go and see a lawyer, firstly, because around here the average lawyer costs $400 an hour, and then any work they do for you costs you more, writing letters, photo copying, phone calls etc etc .

so unless there was a 100% assurance that not only will you win the case, but you will also be able to recover your money in full, i see going down the path of a lawyer as throwing good money after bad.

there have been many cases where people have hired a lawyer to represent them in real life / non ebay ,. transactions where it has gone wrong, and the claimant has won their case before a court, but still have not been able to recover the monies owed