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Resolution Denied - Virtual items dont count?

by snapshot Contributor in Disputes and claims (Archive)
‎Sep-21-2010 01:27 PM
‎Sep-21-2010 01:27 PM
I purchased an ebook on Aug 12th and have not received it since. The site I bought it from said to allow 2-3 days for delivery, but 2 weeks have passed since then and I never received my ebook. I have since purchased it elsewhere. I've contacted the site asking for a refund (using their own contact form) and my request went unanswered. I emailed the address to which payment went to and again my question went unanswered. I contacted their customer service team on their site and have been ignored. I did a domain WHOIS search to see if I could find anyone's info and have called/email the site administrators directly and was again ignored. I filed a dispute with paypal and waited almost a month for a resolution. I’ve been keeping track of the disputes, and the seller apparently NEVER responded to paypal either. I thought this would be an easy case, but this morning I got an email from paypal saying that they have ruled against me saying that since the product was not tangible, they cannot give me a refund. Can they actually take that stance? I mean, it seems like a very stupid excuse to not give a refund. I realize that this probably wasn’t going to be easy, and truthfully I would be angry, but I wouldn’t mind losing this if it were a legitimate dispute between the both of us (as there would ultimately be closure), but to dismiss the case for the non-tangible reason seems a bit unfair. Correct me if im wrong, but aren’t most of paypals sales for non-tangible/virtual items? Paypal is WIDLEY accept at almost every site, and I purchase a lot of ebooks/audio books using paypal. For no real protection [as stated above] you’d think they’d ban sales like these.   Now I am a very calm and rational person, and I am not going to go off the handle and start threatening lawsuits and making bold accusations towards paypal (threats NEVER get anyone anywhere), but is there anything I can do at this point? This doesn’t seem very fair and I have a hard time accepting the “too bad, you lose, eff you” response I’ve gotten from both paypal and the seller. Any help would be greatly appreciated. Thanks! ... View more
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