BUYER PROTECTION DOES NOT COVER STOP SMOKING PRODUCTS??

[johnt5152]

I raised a dispute for goods not received under buyer protection, but paypal found against me because the product contained Nicotine, I can find nothing in the user agreement or anywhere else to say products containing Nicotine are not covered.Can anyone shed any light on this?

[kernowlass]

Well it took a while of hunting but I found this on ebay. >>

http://pages.ebay.co.uk/help/policies/tobacco.html#guidelines

So the seller should not have listed them but equally you were not covered to buy them.

My advice is that if you funded your paypal payment with a card then contact your card issuer and see if they will do a chargeback for you.

[johnt5152]

Thanks, these were not purchased on ebay, I just used Paypal to pay for them.

The ebay link you kindly found actually shows these products as being allowed, as they fall under Nicotine Patches and Gum.

As they are allowed under ebay policy, I would have thought paypal policy would be the same

The issue I have is Paypal are saying these are not covered by buyer protection because they contain Nicotine, but I can not find anything anywhere in the terms etc to say products containing Nictine such as patches and gum are not covered.

I have appealed against Paypal's descision, and if I still get no where will try the charge back route via Barclaycard as you suggest,  although the process looks a bit involved

[kernowlass]

You needed to read down further as they are under the not allowed section.

• Any item containing tobacco and intended for consumption

• Blunts or cigar wraps

• Chewing tobacco

• Cigarettes (including flavoured cigarettes)

• Cigars

• Cuban cigars (see our embargoed goods and prohibited countries policy)

• Electronic cigarettes (e-cigarettes) and components

• Herbal cigarettes or herbal tobacco (sometimes called nicotine-free cigarettes or tobacco-free cigarettes)

• Hookah or Shisha molasses that contains tobacco

• Including photos of cigarettes, cigars, and other tobacco items when selling cigar bands, collectable packaging, or other accessories

• Loose leaf tobacco

• Pipe tobacco

• Smokeless tobacco

  Also ebay owns paypal so the same rules apply.

[johnt5152]

Thanks, but I don't agree that the product I purchased falls into any of the catagories listed, they are not Electronic cigs.

The product I purchased is the Nicorette Inhalator, which consists of a small plastic "pipe" or tube and cartridges containing Nicotine.

It is classed as NRT, Nicotine Replacement Therapy, the same as Nicotine Gum or Patches, all these products are available without prescription from Chemists or Supermarkets and are used to help people quit smoking.

They are classified by ebay as Health care, quit smoking.

We all know the dangers of smoking, so I find it hard to understand why paypal would adopt a policy that does not encourage people to stop smoking, and in fact discourages by not protecting the buyers and sellers.

One for the media I think

Apprecaite your responses, thanks