Surely a mistake

[CWilliams13]

Morning all. I am wondering if someone with more knowledge on how PayPal works can clear this up for me. In November 2017 I purchased an electrical item from a manufacturer based in the US. The product came with a 30 day guarantee. I had a look at it but it wasn’t really what I wanted. Towards the end of January I finally got round to selling it online on a Facebook page. I had only looked at it and checked it worked and all was fine, just as I said, wasn’t for me. I sold it as a second hand item and the buyer was aware I had looked at it and used it briefly before selling. A month after the buyer had it he told me it had stopped working and was there anything I could do to help. Due to the fact I never like to disappoint, I contacted the manufacturer I bought it from explaining the situation. Whilst out of guarantee, they agreed as a gesture of goodwill to send a new one directly to the buyer (I have all the proof and email history with the manufacturer still). I feel as a private seller I didn’t have to do this as it was sold as seen and described, but anyhow. A month later and he tells me it has broken again. Searching reviews I haven’t seen anyone else complaining of it breaking or not working and assume he just has buyer regret and didn’t like it himself. He opened up a PayPal claim against me stating it was significantly not as described and he wants a refund. It was escalated to a claim and PayPal have sided with him and given him a refund. Is this right?! I am a private seller, no refund or returns were originally agreed to be included, he was sold a second hand one and has ended up with a brand new one, yet now due to his claim, he is sending it me back (now a further 2 and a bit months further out of warranty) and is getting a full refund! So I am stuck with a product that was sent in perfect working order, and am getting a broken product back, as a private seller. I would understand if I was a business or vendor or something, but I am not. I have all of our message history with the buyer and the manufacturer. I believe the buyer must have not been following the care guide or instructions properly and I feel PayPal have made a massive mistake here. Their email to me stating they will confirm refund once I have the item back in the condition I sent it, which won’t be the case clearly! Please can anyone help?

[kernowlass]

@CWilliams13

A buyer has up to 180 days to open a paypal dispute for non receipt of item OR item received but not as described.

Private or business seller the 'buyer' has the same rights. As paypal never see the item they tend to favour the buyer but he has to send it back to you (trackable to prove delivery) before you have to refund.

But it may be worth telling paypal (phone them) that the item he is returning won't be the same as it was replaced etc and see what they say, although you should really state everything like that before the dispute is escalated to a claim.

[CWilliams13]

Thanks for the response. All of this was stated during the claim. He has broken the item due to not following the instructions properly and broken it. I am now out of pocket and a broken product out of warranty. I cannot understand how PayPal can side with him with all the evidence and facts I have. Not only was the item as described, but after getting a new one, it was better than described! He paid for a second hand one and ended up with a brand new one! I shall try and phone them today

[CWilliams13]

And now the item has come back and there is a part missing to it! And PayPals email said once they receive comfirmation the item has been delivered back to me they will issue a refund. Is there no where on their page to dispute this?! He could have sent me anything via tracked delivery and they will just offer a refund according to the logic of the email. PayPal’s handling of this has been nothing short of a disgrace. They have even responded to my complaint thinking I was the buyer (seems to be an automated response), and all it does is confirm more in my mind they have made a mistake as it says in the email what you can’t claim for, and one of the reasons is exactly what he has claimed for and won!

[kernowlass]

@CWilliams13

Why haven't you phoned as i advised earlier BEFORE they refund the buyer?

[CWilliams13]

I have spoken to them now and as the part is missing I have to fill out a form and upload a picture and they have put a stop to the refund at this moment. Fingers crossed the right resolution occurs!

[kernowlass]

@CWilliams13

Good luck.