Item not as Described, Need Refund, Seller says I must return the item before he can send me refund?

[Dragoth]

I haven't had a lot of experience with returns via Paypal/Ebay, so I am unsure how this works.  I bought some computer software that turned out to be fraudulant (the serial number was replaced with one that was invalid).  I contacted the buyer stating I wanted a full refund and then I would return the items back to him.  He said:  "im sorry but The rules of paypal state that The item must be returned before The refund is given."

This guy already tried to de-fraud me and I don't feel comfortable sending the items back before I have been given a refund.  I have searched through paypal help trying to find if this is indeed the case, but can't find a definitive answer on the subject.  Hopfully someone here can enlighten me on the subject. 

Should I simply file a claim with Paypal to ensure I am covered?  I did purchase through Ebay, so Ebay resolution is an option as well.

Thanks all for the help!

[Morenina]

I am not sure what kind of equipment it is and whether the serial number matters much but if the seller is asking you to return the item before a refund can be, think about the following:

When you want to return an item to a store, they are not going to give you the money before you give them the item.  What guarantee would they have that you will forfeit the item to them?

So needless to say, return the item, buy delivery confirmation or insurance on the item when sending it so that you are covered by the post office in terms of the item getting lost and you can track the item to make sure it was received by the seller.

How can the seller process the refund if the seller cannot resell the item as the seller does not have the item in his/her possession at the time.  Just like the store, if the seller processes the refund before receiving the item, what is the incentive that you will return the item instead of staying with it.

[Dragoth]

True.  However, if you look at it from that point of view, if you went into the same store and purchased an Item that you were told was new and legit and got home and found out that the salesman lied to you and knew it was fraudulent but just wanted to scam you then told you that he would mail you a refund check for the purchase if you brought the item back to him, would you want to return the item and accept his word that you will get a refund check in the mail? 

I sure wouldn't.  I would want the cash that instant.  The seller won't ship the item until they have recieved payment from me.  I get that.  A refund is essentially the buyer buying back the item they sold to you in the first place, so why wouldn't I require payment for the item before I send it to them?  That is my dillema, so I would like to know Paypal's policy on this.

[Morenina]

What I need you to understand is that right now, the seller is asking you to return the item in order to process the refund.  Right now, the seller is not at fault of anything and is offering to refund you the money once the item is returned.

If you do not receive a refund after you return the item and can confirm that the seller has received it, then you can file a claim with Paypal and ebay about not having received a refund.  I do not really understand why the serial number is of importance and if it is, can the seller provide you with another serial number?  Can they send you another copy of the software and then you can return the defective one?

What is the value of the item?  I understand your concerns but there isn't a problem yet.  You bought an item, it was not as described and the seller is offering to issue a refund once it is returned.  There is no problem no far, the seller is trying to resolve the issue and you are not complying with what is being required of you.

The longer you have the item, the less the chance that you will be issued a refund because the policy of the seller may only cover a limited amount of time.  Stop wasting time and send the **bleep** item already so you can get your refund.