Is he in the wrong?

[kathleen58jones]

I bought a item off of eBay for £44.98. The item did not work. So i tried messaging him. He replied. And then after i continued to message him... He would not reply, for weeks. And because he would not reply, And the item was broken, i opened it to check the battery and it still would not work. After a while he finally replied because I was still messaging him. He said he would not refund me because i opened it and 30 days had passed, He wouldn't reply so I couldn't get hold of him during the 30 day period. I opened a PayPal dispute but they found it in his favour.After this i carefully checked the Ad again... And no-where at all did it state they would not give a refund if the item was tampered with. It said nothing of the sort. Is he wrong to do so? And is there a possibility of me getting my money back? Thank you. Jay.

[kernowlass]

@kathleen58jones

How do I open a dispute with a seller when a purchase goes wrong?

You can open a dispute in the Resolution Centre of your PayPal account within 180 days of payment if:
•You don’t receive the item
•You receive an item but it’s significantly different than the description on eBay or on the seller’s website

By opening a dispute, you can communicate directly with your seller to work out a problem transaction.

If you reach an agreement with the seller you can close the dispute. If you're still not happy with the result, you can escalate the dispute into a claim. We'll review the claim and decide on reimbursement.

These steps apply to Personal accounts. If you have a Business account, please log in to see the steps that apply to you.

To open a dispute:
1.Log in to your PayPal account.
2.Near the bottom of the page, under 'More about your account', click Resolve a problem in our Resolution Centre.
3.Click Dispute a Transaction.
4.Select the button beside the transaction you want to dispute, then click Continue.
5.Select ‘Item dispute’, click Continue and follow the on-screen instructions.

Note:
•Generally buyers must wait at least 7 days from the date of payment to escalate a dispute for an item not received
•Where an item has not been received, please ensure you have given the seller enough time before opening a dispute

https://www.paypal.com/webapps/mpp/first-dispute

DO NOT CLOSE THE DISPUTE UNTIL YOU HAVE A CLEARED REFUND OR YOUR ITEM WHATEVER THE SELLER SAYS. ALSO DON'T FORGET TO ESCALATE THE DISPUTE TO A CLAIM WITHIN 20 DAYS IF THE SELLER DOES NOT REFUND.

If that does not work then if you funded your paypal payment via a card then contact your card issuer and see if they will do a chargeback for you.