$2068 ROBBERY! Buyer Protection void if Seller refuses refund and sends a faulty replacement?

BAyurveda
Contributor
Contributor

I am the Buyer. 

 

I purchase this Oil Therapy Machine for my Business which costs close to $2068 from this unreasonable seller in California. The fact that they wanted a Money Order or Check (no Credit Card or PayPal) should have been a red flag. But NOT for stupid me!

 

Here is brief history:

 

06/21 Receive 1st Unit via FedEx
06/22 Product Failed / attempted many repairs as instructed by seller (no options for buyer)
06/24 Product Failed many times / attempted more repairs as instructed by seller
06/28 Seller agreed unit was defective and issued FedEx return Label. (no options for buyer) 
          ******** REQUEST FOR REFUND DENIED BY SELLER *******
        Quote from seller: "Without giving us the opportunity (of replacement), we cannot give the money back."
         Replacement Unit would be sent out after testing AND receipt of old unit.

07/02 seller issues Return Label at their cost

07/09 Product re-packaged for return and dropped off at FedEx by buyer
07/15 Seller received Defective unit
            I called PayPal support during this period to confirm that I am covered if the replacement unit does not work.
            I was advised "YES. It is still within 60 Days so you are covered"
07/22 Seller ships 2nd Unit as Replacement
07/28 2nd Unit Received and waiting to test
08/10 2nd Unit Test FAILED in 5 Mins (supposed to run for 50 Mins without problem
08/10 Contacted seller for REFUND again. Seller blames Buyer or "using it wrong"
         ******** REQUEST FOR REFUND DENIED AGAIN BY SELLER *******
08/11 Buyer Decision to open PayPal Dispute
 
I submitted all the e-mail and documents in relation to this. 
 
08/22  I return the 2nd Defective unit to Seller at my own cost. 
            SELLER HAS MOVED. NO LONGER AT THE ORIGINAL ADDRESS.
             Fedex Tracking 777035106256 . Returned to buyer. 
             How is this not a sign of FRAUD?
 
08/31 Resolution center denies my Claim and rules it in favor of the Seller (WHAT?)
           2 Appeals rejected because no new info?!?!?!
           I even talked to a supervisor and it was shocking to hear that she didn't even care about the facts.
          She said "your protection as a buyer is VOID because you accepted a replacment. It doesn't matter if it doesn't work as described. You could have denied the 2nd shipment. But you chose to accept the replacment. So there is nothing more we can do for you". 
          I asked as to where does it say this in the terms and she basically said that it was paypals decision and PayPal reserves the right to decide. 
          In other words, she is telling about the replacement terms are not listed in the User Agreement. It is just something they "decided". WHAT? I have never felt so royally disregarded and **bleep**. 
 
Apparently, PayPal (in their great wisDUMB) has decided this in favor of the Seller because the buyer (me) accepted a Replacement. Which doesn't WORK by the way! I would've taken a refund on Day 2 when this product failed. I asked multiple times in writing and on phone to the Buyer. I was DENIED everytime. My only option from the seller was to accept a replacement FIRST in order to get a refund. Obviously the unit does not work because it is a flawed design to begin with. Seller is no longer responidign to communications and has moved.
 
I have been robbed! I am out $2068 and I still have no solution for my business need. Now I will have to spend $3000 to get a competitor's model. Thank you for being the Accessory to Fraud PayPal. I hate you with passion! Criminals rejoice! Just send everyone a broken replacment. PayPal won't hold you liable for Fraud. 
 
We are now Phasing out PayPal from our 2 business which we use for purchasing and Credit Card processing. SQUARE, here we come!
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20 REPLIES 20

lancelotme
Frequent Contributor
Frequent Contributor

She has already lost the dispute as it does not cover the  replacement,she accepted a replacement as a solution to item not as described,so case is closed..

You cannot reopen the closed case because the replacement is defective.

where does it end,if the replacement to the replacement turns out to be defective?

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