PayPal saying that I am responsible for postage & packing cost to return faulty item to seller???

[womblelover12]

I recently ordered an item from a company and requested next day delivery at extra cost, the item did not arrive until 2 days later and was faulty (did not work at all). Despite serveral attempts to contact seller I could not get a response, I raised the issue with the 'Resolution Centre'. The seller still did not reply so I had to go further to make a claim. The seller still did not respond. I've just had an email from PayPal saying that they will refund my purchase once I have posted the item back to the seller. PayPal would like the item to be sent using a trackable service, however they have said that this is at my own cost!!! To use a trackable service for this item will be around £7. I have already spent almost £24.95 on this item with the original postage and don't want to be of pocket anymore. Does anyone know if this is correct??? If it is then its disgusting!!!

[Avatar2]

Could you specify who would I make claim against in small court, please? Paypal or seller? Thank you

[kernowlass]

@Avatar2

If the seller is a registered business and has sold an item misdescribed then they are responsible for your return postage costs.

As per the user agreement paypal the buyer is responsible in sending the item back at their own expense BUT you can initiate the ''return shipping on us'' link and paypal will contribute up to £15 per transaction for x amount of transactions IF they find in your favour in the event of a dispute.

[feelharddoneby]

I have exactly the same situation and feel the same way you do. What was the outcome of your situation? My seller has agreed to refund me after I return the item- my return cost will be £9.70 and the item £26.

One of the sets of advice you got was to resell- It is not possible for me to resell the item for anything like the amount I paid for it as it was faulty. 

I think its totally wrong that although the seller has admitted incorrectly listing the item I pay out for their 'mistake'  when the item sold is not fit for purpose. 

You buy on ebay from a photo & description- if neither are accurate you cannot protect yourself against this happening, meaning there is no protection for the buyer.

Advice would be apprecaited 

[beber]

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.

If not - the seller is responsible for return postage costs .

PayPal are letting down legitimate customers . It should be highlighted in the media .

[kernowlass]

That would ONLY apply if the seller was a registered UK business.

It does not apply to the majority of ebay sellers or private sellers.

Also if they are a Uk registered business they only need to refund return shipping IF the item WAS misdescribed.

And as paypal cannot possibly know who is telling the truth ie buyer or seller they normally find for the buyer but you have to return the item at your own expense. 

Then if it was a UK registered business you are perfectly entitled to pursue them for your return costs via the small claims court.

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