Hello Siobhan,
I wonder if you can help me with this continuing case. The dispute has since been escalated to a Claim by the Buyer who continues to demand for a refund (the claim was based on a Item Not Received). I responded to the claim by reiterating the contract that we both signed and agreed to (and Buyer's breach of contract, by early termination and filing dispute) and made it a point that the Buyer did not give me enough time to deliver what was ordered. I attached our signed contract with my response. I also included in the response my offer to the client which he has repeatedly refused in our private chats and in our dispute conversations.
My offer was for him to accept/pay for the articles (digital goods, yes?) I've already finished and delivered to him. Then, I will be happy to refund my remaining balance (about $22 of a total 150). He has refused to accept 2 out of 3 of this articles on the basis that they were submitted late (again, late submission was provided for in our contract). After I submitted my response, the Buyer changed the reason for the Claim as a Significantly Not As Described with these Item issues:
- Damaged
- Different
- Other
- Incomplete
- Damaged
- Other
I don't understand why it has so many descriptions...help?
Then, my response options are as follows:
- I'll issue a full refund. The buyer can keep the item(s)
- I'll issue a full refund. The buyer must return the item(s)
- I'll issue a partial refund
- I've already issued a refund
- I disagree with the claim. I'd like to submit additional information
The first option is just not possible for me.
My preferred option is to issue the partial refund.
However, is the second option even possible for a written article (which is under Digital Goods)?
Has my options/possible strategy in this case changed? Are digital goods covered in SNAD cases?
I've been reading the Paypal's Buyer Protection on SNADS:
An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing. Here are some examples:
- You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
- The condition of the item was misrepresented. For example, the description when you bought the item said “new” and the item was used.
- The item was advertised as authentic but is not authentic.
- The item is missing major parts or features which were not disclosed in its description when you bought the item.
- You purchased three items from a Seller but only received two.
- The item was materially damaged during shipment.
An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description. Here are some examples:
- The defect in the item was correctly described by the Seller.
- The item was properly described but you didn't want it after you received it.
- The item was properly described but did not meet your expectations.
- The item has minor scratches and was listed as used condition.
- The item was listed as used condition and you picked it up in person after examining the item.
With how our business relationships went down (and IF digital goods are covered in SNADs), won't Buyer's case be under:
- The item was properly described but you didn't want it after you received it.
- The item was properly described but did not meet your expectations.
???
Please advise...I'm at my wit's end
