Dispute found in favour of seller but incorrect information.

Oshoosho
Contributor
Contributor

Although I sent copies of all the emails between the seller and myself the claim was rejected on the grounds that the item was as described. This had nothing to do with the reason I raised the claim. Briefly the seller said I should give away the wrong sized trousers as it was too expensive to return them and they would send a new pair and included a tracking number. They never arrived and the seller offered a refund of a third of the price paid. My claim was based upon this and PP found in favour of the seller !

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Oshoosho
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Thankyou. Perhaps it would be useful for others to know this. Again thanks for your time, Goodnight

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6 REPLIES 6

PayPal_Olivia
Moderator
Moderator

Hi @Oshoosho,

 

I'm sorry to hear about this dispute. The offer of a second item being shipped is not one of the options in a Not As Described case. If the seller agreed to do that, it would not be something that could be enforced by PayPal. That would likely be a separate goodwill gesture from the seller.

 

If there was a partial refund agreed upon through the case, PayPal would require that refund to be made. Did the seller accept that offer through the case, or verbally outside of the case?

 

Olivia

 

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Oshoosho
Contributor
Contributor
Hi Olivia What I find disappointing is that in-spite of including all the correspondence the rejection from PP was on the grounds of the goods not being incorrectly described. When they arrived and I measured the trousers they were not in the range 34-36 inches so I asked the company how I could return them for the correct size. The company told me not to return them but To ‘give them to a friend’ I said I wanted the correct size and they said they would send them but they failed to do this. I had given the trousers to Oxfam , a charity shop as they advised.Eventually the company offered to pay me a small fraction of the cost . I refused and they said I could return the trousers for a full refund, which of course I could not. I then turned to PP as I felt the company had been inconsistent with their advice /instructions. Whilst I am disappointed with the seller I am far more disappointed with the way PP has failed to read the correspondence between myself and the seller as anyone who took the trouble to read through it would realise that the company had been incompetent rather than deliberately dishonest and that I deserved a full refund. I don’t really care about $26 but I do feel miffed about the way PP has failed to act.
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PayPal_Olivia
Moderator
Moderator

Hi @Oshoosho,

 

I'm very sorry that the situation has gone the way it has. The communication between you and the seller would not be part of the information used to make the decision in a case of this type. Any agreements made outside of the PayPal dispute process are separate from our process, so opting to take a resolution outside of the dispute process is a choice that PayPal cannot provide any guarantees for. I understand your frustration with the situation. 

 

Olivia

 

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Oshoosho
Contributor
Contributor
Thank you for the explanation Olivia. I am confused as to how I should have proceeded with my dispute as the instructions state that I should attempt to resolve any issues by communicating with the seller. I am curious to know the correct way to proceed if such a situation should arise again. Thank you for your time.
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PayPal_Olivia
Moderator
Moderator

Hi @Oshoosho,

 

Communicating with a seller is a great place to start. If the seller offers a refund outright, the problem is solved. Sometimes sellers will also offer to replace the item without requiring a return. If a seller wants you to return an item or tells you to destroy an item or give it away, your best bet is to let them know you want to go through the official dispute process to keep yourself protected. PayPal will very likely direct you to return the item, with tracking, and will provide you with a return address that must be used. By allowing the dispute process to unfold, you ensure that you're using the correct address and that you have the needed tracking.

 

I hope this helps!

 

Olivia

 

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Solved

Oshoosho
Contributor
Contributor
Thankyou. Perhaps it would be useful for others to know this. Again thanks for your time, Goodnight
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