Refund on Nonrefundable Deposit

[anicole27]

I purchased 2 puppies and paid a "nonrefundable deposit" on each. The first we picked up 2 weeks ago and the second would be ready to pick up mid April (from a different litter). After having it the first only a week- we found out our daughter is allergic. She was severely breaking out in hives any time she came into contact with the dog. I contacted the breeder on Sunday and told her of what was going on, she stated "doesn't believe in allergies and everyone always wants to blame the dog", but agreed to refund my deposit today, because we let her know 3 weeks before pick up and she still had several people interested in dogs and could easily sell this dog. Here is our conversations over the week. I only contacted her twice, but once she flipped out on me I didn't respond" my question is, since she agreed to refund the money and I have proof, and since I didn't recover the dog and contacted her wayyy prior to pick up, can I open a claim With PayPal to refund this money even if the invoice stated it was a "nonrefundable deposit". I really do not want to deal with this woman one on one anymore due to her rudeness, unprofessionalism and crazy replies. She doesn't make sense. I know I may have to take a miss on this deposit, but she did agree to refund me. I don't think I was rude to her, and I only Contacted her two times after waiting several days. I'm just st a loss of what to do. She won't be missing out on money as she clearly stated she could still sell the dog. Tuesday Me: "Hi there! I was wondering if you are sending an invoice with the return payment for the deposit, or how that works since it's through PayPal" Wednesday seller: "Yes I am just gone me a day or so I'm really busy". Thursday me (I orgot to respond the same day): "Thank you". Saturday me: "Hello Norma, I did not receive the invoice yet for the return deposit. Was just reminding you because it probably slipped your mind, I know you're very busy." Saturday (2 mins later) seller: "Give me a chance I already told you I was gonna return it, you don't have to remind me every day" Me: "I haven't reminded you everyday, I inquired about how the return payment process works on Tuesday since it was through PayPal, and The last time we spoke was Wednesday morning and you said give me a day- I assumed you forgot as today is Saturday which is why I was inquiring. As stated above, I know and understand you are busy. I also apologize for contacting and disturbing you, but I did fall today and fracture my ankle leaving me with a hefty hospital bill. I am a little stressed with my finances" Seller: "Ok I dont have access. I'm as a courtesy returning your deposit. I was a soldier for 30 years, you think I believe everything you say." Me: "sent a picture of my fractured casted foot" Seller: "what is that???" Me: "That is my foot, I fell down my stairs this morning and fractured it. That's fine, and I do know that you are returning my deposit as a courtesy which is much appreciated. As I said, I was only inquiring as I hadn't spoken with you since Wednesday." Seller: "What does my puppy have to do with your feet? I already tried to send it and I can't do it with my phone, please stop I'll do it when I can. I'm not reading your texts you are eating my time"

[DPCreations]

Too much to read.

What matters is the contract you had with the seller.  You did sign a contract which detailed all of your rights and procedures for payment and delivery?

That contract is what matters.  You and the seller cannot make up new rules or modify that contract after the sale.

Be aware, however, that PayPal does not act as the arbitor to enforce a contract between buyer and seller.  All PayPal does is go by PayPal published policies.

So you need to look at your original contract with the seller and also PayPal polcies (click on "legal agreements" below) and then deice which route you want to take.

[anicole27]

I did not sign anything, there was no contact. Other than the PayPal invoice stating I would receive the dog on April 15th and that the deposit was nonrefundable.

[Whac-A-Mole]

are you seeking a refund for the second dog due to be delivered in April ?

The seller may be waiting to find a buyer for the dog before she refunds you ,afterall it is a non refundable deposit.

a non refundable deposit is a non refundable deposit. and you keep pestering her due to buyer remorse,I can see she/he is irritated. 

[anicole27]

Yes, April 15th is the date the dog was supposed to be picked up. I don't have "buyer remorse". My child had an unknown allergy and I had to put my child's needs first. She agreed to refund the deposit, as she said she would not be losing out on money, and even stated she already had a buyer. I contacted the seller TWICE. Once to ask about the process of the refund, and then again 4 days after since I hadn't received anything when she stated it would be a day. I don't think that qualifies as "pestering". I clearly stated I know the deposit was nonrefundable. But she changed her mind and is now being extremely rude. I was seeking answers of other ways I can go about this other than directly through her.

[exoprime]

No offense intended, but I'm extremely confused as to why you think you're entitled a refund on a non-refundable deposit just because you found out your child has an allergy. I won't even get into how irresponsible it is to have not checked into that *before* committing to purchase a dog. Ugh.  

Non-refundable means non-refundable. She *IS* doing you a courtesy by giving you that refund. If I were her, I wouldn't give you a dime. I completely understand why she's irritated with you, and being "rude". What I can't fathom is how you're upset with her bedside manner when you're the one going back on your word due to your own mistake(s).  

I honestly hope you get nothing from PayPal.

[DPCreations]

Not much you can go on then.

Give it your best effort to negotiate a deal with the seller, not about emotions, fairness, or merit; just use your best negotiating skills.  Getting angry or acusatory with seller is not likely to help your case.  Sometimes it can be worthile to use groveling as a negotiating technique.

The invoice you received as the payment request is the information that could be used by PayPal as it is part of the PayPal system.  Based on the simple statement, you would not have a case for getting the deposit back.  It seems that the seller would have a stronger case.  Maybe you could negotiate a partial defposit refund.

The allergy issue is not covered in the invoice deal so it is not relevant for the seller's decision.

At the same time consider your realistic options with PayPal within the scope of PayPal buyer protection and live animals; you have a choice of item not received or significantly not as described.  After review of PayPal polcies figure out your potential costs or refund and compare to the outcome of your private nogotiations and select the most favorable route.

[DSLand]

We are in this exact same boat, except we haven't picked up the puppy yet.  Very poor interaction with breeder, and no official contract, just a verbal statement that it was nonrefundable.  I would rather lose it than give her more money, but would rather get it refunded if possible.

[sharpiemarker]

Follow through with a dispute, per item not received, escalate to a claim when the option to becomes available to let PayPal decide if you are eligible for a refund.

[Whac-A-Mole]

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@sharpiemarker wrote:

Follow through with a dispute, per item not received, escalate to a claim when the option to becomes available to let PayPal decide if you are eligible for a refund.

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i DONT UNDERSTAND WHY SO Many sellers would take a Paypal deposit or accept Paypal payments when there is no seller protections for what they sold?