Wrong item intentionally sent by Seller....

[SAB0109]

I purchased two items of women's lingerie from a UK seller, I am in Australia.  I paid for this via PayPal which debited my Australian American Express card for the funds.  The seller was out of stock of the items purchased and without any reference to check with me, selected and sent two other items.  Aside from the colour, the style is completely different.

I contacted the seller who apologised and acknowledged that they should have checked first before sending something else.  They touted that what was sent was superior, but I don't like them so I don't care about this argument.  The alternatives offered are either (i) keep the items sent and be done with it, or (ii) send them back (at my time effort and expense!) for a full refund.  I am quite flabbergasted with this.  I have communicated that I am unhappy with the situation but the seller is ignoring my correspondence now.

Surely this conduct would be highly frowned upon by PayPal.  It's like a dispute was deliberately caused by the seller, which will now require PayPal's intervention or involvement in some way.  I am aware of the User Agreement where a buyer may need to fund return postage costs, but in a situation like this it seems far too unfair.

The dispute category to me is blurred between a "not received" claim versus "significantly not as described" claim.  I am not sure which category I should opt for.  As an alternate, I am wondering whether to bypass PayPal entirely and initiate a charge-back on my AmEx credit card.  I am concerned though that such conduct could upset PayPal and jeopardise my PayPal account.

Any thoughts appreciated! 🙂

[Vikstar22]

I hear you. I am currently in a dispute with an idiot seller. I ordered a prototype garden trolley from them for USD 19.98 including postage and handling and instead, they sent me a cheap and nasty manicure set and expect me to wear it. I have proof of what I ordered and there is a picture of the garden trolley, not a manicure set, yet the seller is being deliberately obtuse and telling me it would cost me more than the USD 19.98 for me to send it back etc. Bottom line is if you receive something significantly different from a seller without your authorisation, then if they want it back, they need to not only refund you for what you didn't get, they also have to pay for the postage as well. As long as you have photographic evidence of the item you should have received, it's the seller's fault if they get it wrong and you shouldn't be out of pocket for that.

I am a frequent online shopper and have had a few refunds from Paypal because of this reason. There are some unscrupulous sellers out there. Good luck. 🙂 

[Marra3]

I bought a bedding set and a folding chair bed and was sent a cheap and tacky ring for each item l too am expected to return rings at my expense before I get refund this company is unscrupulous so what guarantee do l have that after I return I'll get a refund company should not be able to use PayPal