Buyer requesting refund for custom item, defective/not as described

Chromegolf
Contributor
Contributor
Good Morning, I have an issue with a customer who has opened case, “The buyer has filed a chargeback with their card issuer for the following reason: The buyer filed a case on this transaction for the following reason: The buyer stated that the item was defective or not as described. Please be aware that due to consumer protection laws, PayPal cannot guarantee the return of your goods if the case is found in favour of the buyer. Until this case is closed, we have put a temporary hold on the transaction amount.” We supply custom made inflatable tents. The buyer for this one had a request for a very large one which we made and went over the top to make really good, he is an Instagram influencer type so we wanted it right and gave him a very good price. Item was delivered and he was abroad but his girlfriend/gardener installed it. There was some issues with the install, but we worked around it all and got it sorted. They had a power cut and they didn’t know how to set the pump to correct settings. At some point, the tent was over inflated which resulted in a small hole. Within a few days, I traveled 5 hours to go and fix the issue and ensure all was ok and all was ok. We reglued a tie point too. Got videos and pictures of the tent in its full standing state. The next day, there was a storm with 45mph+ winds, and I received a screenshot of their cctv showing the tent had been blown down and away. This was because it was not tied down, which we had noted the day before and said, it needs to be tied correctly, as per instructions. The buyer had used just 1 rope and tied it to a fence, not to the ground at 45 degree angle. There are 16 tie points and only 1 was used which is useless on its own against high wind. Instructions also state that we recommend deflating if wind above 25mph.. Anyway, the buyer had made no effort to resolve but seemed to want me to go back and sort it with an occasional WhatsApp messages, where I would reply, stating that he just needs to tie it down to the ground correctly and all will be fine. To which I’d get no reply but then a week or so later, get the same style of message. Where I would repeat, along with a picture of the manual, showing how to tie it down. A few days since my last reply, I have now received an email from PayPal stating that he has opened a case for refund. This is hurtful as it is a significant amount and I have done everything I can to ensure it was all ok for him, late night phone calls instructing how to set it up, text messages and going there which took an entire day. I do not believe he should get a refund as I know the item is/was fine and due to his failure to tie it down as instructed, he has now potentially caused damage. This was custom made for him, the dimensions are not normal and would be hard to resell this now. He paid via PayPal direct to our PayPal address. However on our website, we state that we do not refund custom or used items. Where do I stand? I have not replied to the case but can tell I am going to have serious anxiety over this now. Thanks
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5 REPLIES 5

kernowlass
Esteemed Advisor
Esteemed Advisor

@Chromegolf 

 

As you said it was a chargeback and not a Paypal dispute then the chargeback process is external to the PayPal system.

 

The buyer's credit card issuer grants its members specific consumer protection which PayPal has no authority to replace or reduce. If a PayPal user initiates a chargeback with their credit card company Paypal have no way of stopping the claim.

 

Please note that there are costs associated with processing chargebacks. When a PayPal payment is charged back, Paypal are charged a fee by the credit card issuer. They pass this non-refundable fee on to you. 

 

If the card issuer grants the case in the buyer's favour, Paypal will review the transaction on your PayPal account to see if it is eligible for Seller Protection.


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Kudos / Solution appreciated.
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Chromegolf
Contributor
Contributor
Thank you, I understand more now, I’m guessing the buyer used his credit card through the eBay platform as opposed to using his PayPal account to pay. The transaction was on 30th April so I’m surprised it can be done after so long anyway, but it is what it is. Thats no issue. It just frustrates me that we bent over backwards for this buyer, made a product, as a gesture of goodwill, drove to him to get it all sorted and because he is ignoring instructions in the manual and my messages. He can now get away with **bleep** me over. I have to submit all of my evidence and info to PayPal now and see what happens I guess. Really not good for me. So surprised the buyer who I communicate with over WhatsApp has not once asked me anything about a refund, he’s simply ignored my instruction to tie down and problem solved, and that’s only a problem to be solved in heavy wind, otherwise, there is no problem and through his neglect, I worry that the product is now damaged…
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Chromegolf
Contributor
Contributor
Apologies, for some reason even though I break my sentences up, they’re appearing as 1 huge sentence.
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kernowlass
Esteemed Advisor
Esteemed Advisor

@Chromegolf 

 

If you lose the chargeback you always have the option of a small claims court action against the buyer if you have more proof that can be supplied to the court.

Chargebacks can and often are reversed in the SSC. If the buyer knows that you intend to pursue that option if you lose then they may withdraw the chargeback?


Advice is voluntary.
Kudos / Solution appreciated.
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Chromegolf
Contributor
Contributor
Thank you. I’d like to avoid a small claims court, this is anxiety enough. I work hard to do the best for our customers, hence me taking a day out to visit the customer and ensure all is well. To think that the customer is pulling the rug due to his neglect and lack of will to tie the unit down is just a blow I could do without. I have reviewed the text messages between us over and over and it’s hard to see how and why he hasn’t listened to the the instructions. The product is fine, there are no defects, it is exactly as described, I know this for sure as we went to his premises and set everything up, fixed the small issues and we showed him everything and how it works. I have pictures from the day. What more can I have done?! Then from there. 45mph wind the very next day, did what it would do to a free (tied with 1 rope, not 16) inflatable structure. Over 1 month later, various texts to say, “JUST TIE IT DOWN” in polite manner, and now this.
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