View Full Version : Pay Pal Sellers Rights
Ford Boy
28-09-2008, 04:32 PM
Just a query fpor information Im hoping I can be helped out with. Ive recently sold a 1:18 VL Walkinshaw on ebay, it was posted in excellent condition, and apparently arrived with the bootlid snapped off and the front screen was smashed, although again apparently, neither Biante box, nor the AusPost box have any damage on them. I know for a fact it was not posted in this condition, however have no photos other than what was in the ebay listing. The buyer has lodged a dispute with paypal against me. I am trying to resolve this, however this isnt much I can do, as i am not responsible for the damage, and am refusing a refund. How can I prove I havent done anything wrong or argue back in this case?
8hype
28-09-2008, 04:52 PM
Just a query fpor information Im hoping I can be helped out with. Ive recently sold a 1:18 VL Walkinshaw on ebay, it was posted in excellent condition, and apparently arrived with the bootlid snapped off and the front screen was smashed, although again apparently, neither Biante box, nor the AusPost box have any damage on them. I know for a fact it was not posted in this condition, however have no photos other than what was in the ebay listing. The buyer has lodged a dispute with paypal against me. I am trying to resolve this, however this isnt much I can do, as i am not responsible for the damage, and am refusing a refund. How can I prove I havent done anything wrong or argue back in this case?
as far as i know paypal disputes are only if item doesn't turn up.they don't cover damages.so you should not have to refund anything.by the way if they were trying to take the money off you i would definitely make sure you get the car back.ebay are the ones that do damages and things not being right i believe.
Damage
28-09-2008, 05:01 PM
Contrary to popular belief it IS the sellers responsibility to ensure the item arrives intact. You choose the carrier, you pack it etc.
I would be refunding the seller (AFTER he returns it and at HIS expense) and then take the matter up with Aussie post.
I take it he has not communicated with you and just opened the dispute? If you want some help just PM. Been on eBay nearly 10 years and know the rules pretty well.
wazza002
28-09-2008, 05:03 PM
all so ask him to take photos of it and send them to you if you do not have allready he mite be try to get his money back and you with no car :)
Thunder
28-09-2008, 05:04 PM
I purchased a Brock model about 1 year ago off ebay. The box had a 1cm rip and one of the rear tail lights had come off the model. I opened up a dispute and after a few messages between the seller and myself, Paypal ruled in my favor and refunded me back half of the money.
Maybe you need to go to the "Help" section, then click into the answer section and ask them what you can and can't do.
Hope this helps.
gab73
28-09-2008, 05:09 PM
Contrary to popular belief it IS the sellers responsibility to ensure the item arrives intact. You choose the carrier, you pack it etc.
I would be refunding the seller (AFTER he returns it and at HIS expense) and then take the matter up with Aussie post.
I take it he has not communicated with you and just opened the dispute? If you want some help just PM. Been on eBay nearly 10 years and know the rules pretty well.
If the seller clearly states in his listing that he takes no responsability for damage in shipping in shipping, its the buyers responsability.
rayman
28-09-2008, 05:12 PM
This is a pitfall with Paypal and has been pretty prolific overseas with buyers opening fraudulent disputes of damage and not receiving items. Paypal in alot of cases rules in favour of the buyer and if you have funds in your Paypal account will take the refund from it without your permission. Have been waiting for this to happen in OZ.
8hype
28-09-2008, 05:36 PM
my mate had a dispute opened not long ago over a rare cd he sold.it was all legit and the buyer was wrong.he said it was described incorrectly. it stated items described incorrectly was up to ebay to decide what happens.hope this helps.the worst thing is there are dodgy sellers and buyers out there.who knows if he took it out and dropped it,by the way the damage is described it is a possibility
Damage
28-09-2008, 05:53 PM
If the seller clearly states in his listing that he takes no responsability for damage in shipping in shipping, its the buyers responsability.
Sorry, but thats out and out wrong. It doesnt matter how many times or how big it's written it is the SELLER'S resonsibility, no offence but please research before misinforming. As mentioned, have you asked for photos? Get him to return it at his expense and then refund it. Trust me, this won't end well for you.
...was up to ebay to decide...
You mean PayPal to decide, which is usually in the buyers favour.
Also you could empty your PP acount but they keep your details and you authorized them to dip into your CC or bank account to refund for disputes when you signed up.
gab73
28-09-2008, 06:00 PM
Sory, but thats out and out wrong. It doesnt matter how many times or how big it's written it is the SELLER'S resonsibility, especially where PP is concerned.
In your eyes maybe. Explain to me how a seller can send an item to someone and ensure it will arrive in one piece?? Apart from delivering the item in person they can't.
I sell items on ebay and ecourage local pick up. Inerstate buyers can arrange there own courier or i can send by Aus post at there own risk.
Explain to me why i am wrong.
Damage
28-09-2008, 06:05 PM
You choose the carrier, you pack the item, youre responsible to ensure it arrives at its intended destination intact.
Sellers that write "I am not responsible once it leaves my hands" are kidding themselves and to be honest its laughable.
I'm not agreeing with PP but thats thats the policy. To cover your bum, you need to register items to the sale price for everything over $50 and take it up with AP if something goes bad.
Trust me, that attitude and belief wont fly if push comes to shove. Not "in my eyes maybe" its just a fact.
cooper1117
28-09-2008, 06:15 PM
Have to agree with Damage Inc on this one, it is the sellers responsibility to get it there in one piece.
Big warning out there to all members, get insurance on your postage. I paid $7.50 insurance on a car I sold for $600, well worth the effort, even though the buyer did not want insurace, I paid for it for my peace of mind. Remeber Pay Pal looks after the buyer not the seller (which sucks) but that is the system.
brchi17
28-09-2008, 06:16 PM
....You mean PayPal to decide, which is usually in the buyers favour....
not always the case, if the seller can show some evidence of them posting it, then you don't get squat, even if the item was insured & never arrives....as you can tell, early on I learnt the hard way :mad: :rolleyes:
gab73
28-09-2008, 06:17 PM
You choose the carrier, you pack the item, youre responsible to ensure it arrives at its intended destination intact.
Sellers that write "I am not responsible once it leaves my hands" are kidding themselves and to be honest its laughable.
I'm not agreeing with PP but thats thats the policy. To cover your bum, you need to register items to the sale price for everything over $50 and take it up with AP if something goes bad.
Trust me, that attitude and belief wont fly if push comes to shove. Not "in my eyes maybe" its just a fact.
We will agree to disagree, i have won PP dispute for this exact thing. I sold a pair of Hi-Fi speakers, buyer organised carrier, and then told me delivery guy chipped the veneer on one corner as he was placing the speakers in his living room. Why should i pay for the damage and what's to say he didn't do it himself.
Local pick up on all items i sell now, if potential buyer want items shipped i no longer accept responsability.
If buyers don't like the sellers terms, look for another seller of the same product. It's quite simple.
Buyers cannot dictate the terms of sale.
8hype
28-09-2008, 06:27 PM
some things you know when buyer damages them.if there is no damage on either boxes but the windscreen is broken and the boot.what are the chances he dropped it .pretty high
Damage
28-09-2008, 06:28 PM
We will agree to disagree, i have won PP dispute for this exact thing. I sold a pair of Hi-Fi speakers, buyer organised carrier
Well, gab, the BUYER chose the carrier, its not the "exact" same thing, is it?
if potential buyer want items shipped i no longer accept responsability.
You will if you choose the carrier, pack badly or dont insure.
After being on eBay (and before that, sold.com.au) for nearly ten years and over 5000 online transactions just when I think Ive seen everything I get proven wrong.
karromar
28-09-2008, 06:45 PM
You choose the carrier, you pack the item, youre responsible to ensure it arrives at its intended destination intact.
Sellers that write "I am not responsible once it leaves my hands" are kidding themselves and to be honest its laughable.
I'm not agreeing with PP but thats thats the policy. To cover your bum, you need to register items to the sale price for everything over $50 and take it up with AP if something goes bad.
Trust me, that attitude and belief wont fly if push comes to shove. Not "in my eyes maybe" its just a fact.
I always ask that postal insurance be included in any sale for this very fact. I also supply or request photo's prior to any sale, it is useful evidence if a dispute lodged or a claim is subsequently made.
Never been burnt doing this!
Ford Boy
28-09-2008, 07:28 PM
some things you know when buyer damages them.if there is no damage on either boxes but the windscreen is broken and the boot.what are the chances he dropped it .pretty high
This is my thoughts as well, but how can I prove this? It seems as thought the system is set up to protect the buyers, but not the sellers. I dont have any photographic evidence, I didnt offer or think to offwer insurance or registered post, and if the boxes are indeed undamaged, then it makes it look as though I sent a dodgy item. Ive just emailed the buyer through the PayPal Soloution Centre asking for photos of the damaged car, and the apparently undamaged boxes, so can only wait and see what happens. Will keep you posted.
Thunder
28-09-2008, 07:32 PM
The seller definately gets screwed nowdays! The amount of non paying buyers keeps going up, and you as the seller can't even leave the pricks a negative :mad:
8hype
28-09-2008, 07:39 PM
This is my thoughts as well, but how can I prove this? It seems as thought the system is set up to protect the buyers, but not the sellers. I dont have any photographic evidence, I didnt offer or think to offwer insurance or registered post, and if the boxes are indeed undamaged, then it makes it look as though I sent a dodgy item. Ive just emailed the buyer through the PayPal Soloution Centre asking for photos of the damaged car, and the apparently undamaged boxes, so can only wait and see what happens. Will keep you posted.
good luck.just read disputes.they can only open a dispute
if it was not received or significantly not as described.
Damage
28-09-2008, 07:41 PM
Youre right Thunder. I'm just telling it like it is, and unfortunately youre right.
Keep us informed FB. I'm thinking PP will want to refund but make sure its AFTER he returns it. He will ned to prove hes sent it back. Hopefully he wont register it and then YOU can say you never got it.
Sounds like a scammer to me.
8hype
28-09-2008, 07:41 PM
The seller definately gets screwed nowdays! The amount of non paying buyers keeps going up, and you as the seller can't even leave the pricks a negative :mad:
exactly.they are making it tough on the sellers now.paypal fees and ebay fees goin thru the roof.make sure anything sold at high price is sent registered with insurance.if you don't the buyer could just say he hasn't received it even when he has.
karromar
28-09-2008, 07:42 PM
See if they supply the photo's. It may give a clue of where & how it occurred. It could work in your favour?
In the end though its definiatly a lesson learnt. Allways try to cover your backside!
Damage
29-09-2008, 10:44 PM
gab - Cant help but wonder: If you bought a fridge for $1500 and it didnt arrive or got pulverized, would you be okay with the shop saying "Nah mate, not our problem, we gave it to the courier, too bad"?
Thought not.
VE II
30-09-2008, 05:51 AM
I once actually recieved a model in the mail with the boot snapped in half. The rest of the model was mint as - no damage to any of the boxes. The seller gave me a full refund, off his own back. I have no idea how a diecast metal boot can snap - but this thing did. They must have been shaking the box around pretty seriously for that to happen.
spolyhronidis
30-09-2008, 06:02 AM
couriers or australia post don't really care about what they are handling. they just through stuff around, or it gets bounced around in the vehicles. i'm surprised more stuff doesn't get damaged. my tip would be to tie the model down so that the doors or bonnet or boot don't bounce around in the packaging.
VE II
30-09-2008, 06:08 AM
I try and role up tissues or put the packaging peanuts between the door and the foam shell where i can - bit hard with bonnets and boots. And register and insure to full value. You might not need the insurance for 100 models, but you dont know about the next one.
Hard luck FordBoy. It probably can happen - not sure how you get a cracked windscreen - maybe bonnet flinging up? The buyer paid good money for his car and its only fair i guess that he gets it. Just a real shame and unfair for you as the car was mint and packaged well. Hope it works out well for you in the end.
Leigh
30-09-2008, 08:03 AM
Good to see you back Ford Boy:D
I've heard of boots, bonnets and doors coming off diecast models while shipping (always when they were allowed to "flap" around). Once off, the item usually went on to cause other damage to the model...with no visible damage to any packaging...
VE Tander, I once recieved a model where the box (and model) were full of those little rice beanies...took me 1 hour to get the damn things out and a further couple of hours buffing the friction marks off the paint...vibrations during shipping and abrasive beanies are not good together:mad:
Always keep the ties/straps/plastic protectors the model manufacturer supplies and apply them before shipping...these items were designed to prevent damage during shipping, so would be the logical choice IMO.
...and on the liability side, it is the person who "organises" the shipping that is liable...so if you package the item it is you, if you use Australia Post it is you, if they organise a courier/pack and pay etc it is them...you can shift the liability to the delivery company, but it is up to the person who organised the shipping to lodge the claim.
gab73
30-09-2008, 10:35 AM
gab - Cant help but wonder: If you bought a fridge for $1500 and it didnt arrive or got pulverized, would you be okay with the shop saying "Nah mate, not our problem, we gave it to the courier, too bad"?
Thought not.
Mate thats the difference, buying new products from a retailer and second hand items from a private seller are 2 different things.
Damage
30-09-2008, 11:54 AM
No difference, try consulting the Office of Fair Trading in your state.
gab73
30-09-2008, 01:17 PM
No difference, try consulting the Office of Fair Trading in your state.
What type of warranty will you be offering on that 5 year old Commodore your selling on ebay??? 3 years unlimited km's.???
No, didn't think so.
HRT 1-2
30-09-2008, 01:36 PM
What type of warranty will you be offering on that 5 year old Commodore your selling on ebay??? 3 years unlimited km's.???
No, didn't think so.
That's not really a valid point, the discussion is who is responsible for delivery issues not warranty!!
8hype
30-09-2008, 01:48 PM
as i have said before the damage sounds very similar to it being dropped after taken out of box.the same thing happened to one of my greg murphy bathurst winners.i dropped it.is it possible people may deliberately do things like that to get a full refund.my bet is.there are a lot of scamming people in this world.but the damage sounds to much like what happened to my car.is it fair the seller gives a refund because the buyer dropped it?
8hype
30-09-2008, 01:53 PM
call me stupid but i always open things like that at the post office just incase there is a breakage so there is no doubt at all where damage has occured.to get your payout from the post office you have to prove it happened there
gab73
30-09-2008, 02:04 PM
That's not really a valid point, the discussion is who is responsible for delivery issues not warranty!!
It is extremely valid as you can't expect a private seller selling second hand items to have the same responsabilities as a retailer wether delivery or warranty issues.
gab73
30-09-2008, 02:05 PM
as i have said before the damage sounds very similar to it being dropped after taken out of box.the same thing happened to one of my greg murphy bathurst winners.i dropped it.is it possible people may deliberately do things like that to get a full refund.my bet is.there are a lot of scamming people in this world.but the damage sounds to much like what happened to my car.is it fair the seller gives a refund because the buyer dropped it?
No. No refund.
Damage
30-09-2008, 02:08 PM
What type of warranty will you be offering on that 5 year old Commodore your selling on ebay??? 3 years unlimited km's.???
No, didn't think so.
Dont take it personally man, I dont make the rules and I'm not asking you to like them. Its just the legislation.
Just because the idiots on eBay say "I'm not responsible" does mean they arent.
BTW. Who said anything anything about warranties?
HRT 1-2
30-09-2008, 02:13 PM
It is extremely valid as you can't expect a private seller selling second hand items to have the same responsabilities as a retailer wether delivery or warranty issues.
We'll agree to disagree, they are two entirely different discussions in my mind!!
Leigh
30-09-2008, 02:17 PM
If you buy something, and it was advertised in a particular condition and it's not in that condition when you take possession, then you are entitled to a refund or replacement or credit...doesn't matter if thats from the wholesaler, a retailer, a private seller or Fred on the corner...
gab73
30-09-2008, 02:20 PM
Dont take it personally man, I dont make the rules and I'm not asking you to like them. Its just the legislation.
Just because the idiots on eBay say "I'm not responsible" does mean they arent.
BTW. Who said anything anything about warranties?
As i've stated earlier, in all my ebay listings i clearly describe that buyers are to arrange there own pick up wether thats in person or through an agent, and as it happened on one occasion a buyer arranged his own transport company to pick up some speakers and THEY damaged them so i refused responsability. If selling model cars to interstate buyers get THEM to arrange pickup.
And some advice to all members avoid using Aus Post as i have it on good authority at most of there soughting depots all items are dropped from a 1m high conveyer belt, thats the reason why they don't offer a fragile service.
Vectra
30-09-2008, 02:27 PM
Can get damage on the best packed things, not always the sellers fault either which makes it difficult.
I had a brand new Brock/Skaife 1/18 arrive with the head light fallen out (Stuck it back on, no biggy) Was extremely well packed, should have given China a ring to say their glue is no good :) (So seller can say it was fine when it left me, which it was)
Then there are dodgy sellers ...New in box, never been out..Mmmmm. Won't go into all the things I found on a Lowndes C/dore, but the boot clip was not on it, fortuately it didn't come off, but took half an hour to get it back down, never seen one stuck open like that...so it shows you the forces at work in the post.
Honestly, sometimes you are better off letting it slide if you haven't outlaid alot of money...I know it's wrong the seller gets away with it, but sometimes it's not worth the time and trouble going through the process...Besides, my blood pressure goes up 10 points everytime I have to deal with paypal :D
gab73
30-09-2008, 02:30 PM
gab - Cant help but wonder: If you bought a fridge for $1500 and it didnt arrive or got pulverized, would you be okay with the shop saying "Nah mate, not our problem, we gave it to the courier, too bad"?
Thought not.
We'll agree to disagree, they are two entirely different discussions in my mind!!
I used the warranty example in response to the fridge example bought from a shop above.
If you buy something, and it was advertised in a particular condition and it's not in that condition when you take possession, then you are entitled to a refund or replacement or credit...doesn't matter if thats from the wholesaler, a retailer, a private seller or Fred on the corner...
A retailer has a reponsability to the purchaser for the item to arrive safely to there home if the retailer is providing the transportation.
I or blind Freddy as you put it accept no resposability for damage incuured in transportation
that the buyer arranged himself.
Leigh
30-09-2008, 02:34 PM
A retailer has a reponsability to the purchaser for the item to arrive safely to there home if the retailer is providing the transportation.
I or blind Freddy as you put it accept no resposability for damage incuured in transportation
that the buyer arranged himself.
I think we are in harsh agreeance:D
If you organise transportation, it's your problem, if I organise transportation it's my problem.
(PS it wasn't blind Freddy I was referring. Near where I used to live there was a bloke called Fred down on the corner who you could buy anything from;) LOL)
Damage
30-09-2008, 04:04 PM
If you organise transportation, it's your problem, if I organise transportation it's my problem.
I think I said that or similar very early (like page 1).
It is the responsiblity of whoever engages or chooses the carrier.
The damaged speaker example is not the same: The buyer organized the courier. Ford Boy CHOSE AP.
A car warranty is not relevant to this discussion, it has nothing to do with this issue at all.
All state Fair Trading departments will tell you the same thing. It is the vendors responsibility to ensure the goods arrived as described and intact unless it is picked up - or transport is organized by - the buyer. Full stop, no ifs, no buts. Private seller, retailer, eBay, local rag. Regardless of any "disclaimers" or "small print" in eBay listings.
Like I said, I'm not asking anybody to like it, its just the facts, not my opinion or view, and I dont always agree with it, its just reality. Jeez.
Ford Boy
30-09-2008, 04:52 PM
hanks for the welcome back Leigh, its always nice to come back here, theres always a warm welcome. I got some pics, and it looksl ike the box has been dropped upside down, there is a small crinkle in one corner, and I can see any damage on the screen, but the flash has reflected onto the pl astic on the box. I m not sure where to go next, Im still negotiating with the buyer, thinking of escalating into the PayPal claim and seeing where to go from there. Its just frustrating because Im thinking I will be punished for not sending a dodgy item that has been damaged along the way, or once receieved. Very annoying.
lionking
30-09-2008, 05:32 PM
As i've stated earlier, in all my ebay listings i clearly describe that buyers are to arrange there own pick up wether thats in person or through an agent, and as it happened on one occasion a buyer arranged his own transport company to pick up some speakers and THEY damaged them so i refused responsability. If selling model cars to interstate buyers get THEM to arrange pickup.
And some advice to all members avoid using Aus Post as i have it on good authority at most of there soughting depots all items are dropped from a 1m high conveyer belt, thats the reason why they don't offer a fragile service.
Seeing this statement doesnt make me feel confident the 2 bottles of wine i sent interstate today are going to arrive in one piece... :mad:
8hype
30-09-2008, 05:41 PM
As i've stated earlier, in all my ebay listings i clearly describe that buyers are to arrange there own pick up wether thats in person or through an agent, and as it happened on one occasion a buyer arranged his own transport company to pick up some speakers and THEY damaged them so i refused responsability. If selling model cars to interstate buyers get THEM to arrange pickup.
And some advice to all members avoid using Aus Post as i have it on good authority at most of there soughting depots all items are dropped from a 1m high conveyer belt, thats the reason why they don't offer a fragile service.
thats correct.no use putting fragile on your box.means nothing at all.i know someone that used to work in the sorting and packing and there are contractors there.so they are there to get as much out as they can.
Ford Boy
02-10-2008, 09:02 PM
And its been escalated to a PayPal investigation. I just gave my side of the story, will see what happens!
Damage
02-10-2008, 10:14 PM
Good luck mate!
wazza002
02-10-2008, 10:23 PM
Will I think he has taken it out of the box to show it off and he's droped it on the floor mate. or his kids got to it. as he has said the box has not got any damage to it. well good luck mate :)
Paypal have way too much control of your money once you sign up, they can decide the outcome of any dispute! I don't think that paypal should have the power to refund your money just on the say so of some dodgey buyer. Beware!!!!!! if you sign up you are giving them full control of your account, no matter what you say! Maybe you should do a Google search on paypal problems before you do anything else!!!!
brchi17
03-10-2008, 08:47 AM
Paypal have way too much control of your money once you sign up, they can decide the outcome of any dispute! I don't think that paypal should have the power to refund your money just on the say so of some dodgey buyer. Beware!!!!!! if you sign up you are giving them full control of your account, no matter what you say! Maybe you should do a Google search on paypal problems before you do anything else!!!!
I suppose the other tact to take would be to tell you bank that there has been an unauthorised withdrawal from your account, I know of others who have done this to stop paypal, however afterwards they've been booted off eBay/paypal
8hype
03-10-2008, 01:42 PM
I suppose the other tact to take would be to tell you bank that there has been an unauthorised withdrawal from your account, I know of others who have done this to stop paypal, however afterwards they've been booted off eBay/paypal
i thought paypal could only take the money from your paypal account.they can't actually take it from your bank account when it comes to refunds.so next time someone pays with paypal just take it straight out and put it in your bank account
I have only paid by paypal using paypal funds. but if my pp acc is empty don't they take from your bank to pay for an item? :confused:
spolyhronidis
03-10-2008, 01:48 PM
I have only paid by paypal using paypal funds. but if my pp acc is empty don't they take from your bank to pay for an item? :confused:
If your pp account is attached to a credit card, they will take the money from your credit card. If the pp account is attached to your bank account, they will take the money from your bank account. It's all spelled out in their T&C's.
McLarenFan
03-10-2008, 04:02 PM
If your pp account is attached to a credit card, they will take the money from your credit card. If the pp account is attached to your bank account, they will take the money from your bank account. It's all spelled out in their T&C's.
My understanding is that even if you have removed your credit card and or bank accounts from your paypal accounts they still still those account details in their records. If a problem arises and they decide a refund is warranted/or they decide one is I beleive paypal will still take you money if your accounts are still active at your bank?
VE II
03-10-2008, 04:11 PM
I think that they'll try and take the money if the funds there - either via bank deposit, or credit card - some people might cancel credit cards and bank accounts after ripping a few people off (as a seller i had recently did to about 5 of us). Paypal told us that if the money wasnt there, they'd follow it up with legal action.
Ford Boy
03-10-2008, 05:34 PM
Ive had the card, and account cancelled since all this has happened. PayPal are looking into it, and Im waiting to hear back from them. Im not fussed if I get booted off Ebay or Paypal. Life will still go on. Its a price Im willing to pay to stand up for myself, and not get shoved around by a dodgy buyer, and a big name corporation.
texan
03-10-2008, 08:23 PM
If your pp account is attached to a credit card, they will take the money from your credit card. If the pp account is attached to your bank account, they will take the money from your bank account. It's all spelled out in their T&C's.
Really? Where does it say that?
This is all I could find.
Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe PayPal. When you receive a payment through the Service you are not protected against a subsequent reversal of the transaction, except as set forth in the Seller Protection Policy set forth in Section 4 of the User Agreement. If the sender's transaction is reversed and the transaction is not eligible for the Seller Protection Policy you will owe PayPal for the amount of the reversed transaction plus any fees imposed on PayPal as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card chargeback by the sender of the payment and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorised bank account. PayPal will seek to recover the funds from you by debiting your PayPal balance and, if there are not sufficient funds in your PayPal balance, PayPal reserves the right to collect your debt to PayPal by any other legal means.
spolyhronidis
03-10-2008, 08:47 PM
i thought i read it but obviously i was wrong. do paypal define "any other legal means"?
lukey73
04-10-2008, 06:26 AM
If you buy something, and it was advertised in a particular condition and it's not in that condition when you take possession, then you are entitled to a refund or replacement or credit...doesn't matter if thats from the wholesaler, a retailer, a private seller or Fred on the corner...
Actually Leigh your not if it purchased by private sale of any means. The term buyer be aware is the one often used in that situation as the ownance is on the buyer to ensure what they are buying is a trure reflection of what is described.
When i bought my Datsun 1600 i bought it sight unseen but had a my uncle look at before i paid any monies, unfortunatley in this case when buying things off ebay like models you can make a claim and hope that things go your way ( if you are the buyer ) but as a seller you can not be responible for the actions of a 3rd party such as Aus Post for the damage of the goods when they have left your possession.
Insurance is the only thing that will protect you, i take it out on every thing i sell on ebay no matter what the cost and include it in the postage price listed in the description.
Leigh
04-10-2008, 08:54 AM
Your example is a completely different scenario to what I said...you got somebody to look at the car, thus putting the onus back on you! Likewise if you organised the shipping, delivery takes place when the car was loaded, hence onus on you.
Damage
04-10-2008, 10:07 AM
Leigh is right. It IS the responsibility of the seller to ensure delivery of the item intact and as described.
The example above of physically picking up the goods is irrellevant.
As an eBay seller your responsibility does not end at the AP counter. It ends when the goods are delivered intact and as described. If YOU CHOOSE THE CARRIER, the onus is on YOU.
Like I said, I don't make the rules and I may not like them, but that doesnt change the facts.
singer
04-10-2008, 11:29 AM
i thought i read it but obviously i was wrong. do paypal define "any other legal means"?
Paypal t&c's were drawn up in America & as such have no LEGAL (status) bearing when used in conjuntion with anything done in Australia.
If they are using underhand tactics, I suggest anyone having problems, place a complaint with the Banking Ombudsman or Australian Prudential Regulatory Authority (APRA) as Paypal Australia are regulated by APRA.
Vectra
04-10-2008, 11:44 AM
My understanding is that even if you have removed your credit card and or bank accounts from your paypal accounts they still still those account details in their records. If a problem arises and they decide a refund is warranted/or they decide one is I beleive paypal will still take you money if your accounts are still active at your bank?
You can get your bank to block transactions from certain companies against un authorsied withdrawls from what I'm told.
Damage
21-10-2008, 10:27 PM
So, I'm guessing the outcome was that the buyer was refunded and had to return the Walky?
There is no way I would sell anything through Paypal! This is a huge company on the other side of the planet, with its own unique rules!!!!
Troy_H
22-10-2008, 12:30 PM
Interesting discussion. I've sold many diecast on eBay,only had one damaged in transit. I gave a full refund and paid postage back. It didn't escalate to a dispute stage and the buyer bought other items from me later on. These are risks that the seller has when trading. If this was your first sale, then it's a bad start that may just have beenbad luck but the profit from other sales will more than offset one loss. Think about the buyers perspective if it is genuine damage in trandit. Id recommend you get the model back and refund the costs. Most people are genuine and are buying cars because they want them, not because of some personal issue with the seller and atempting to make life difficult. If you get the model back, how have the profitted other than if they damaged it, which you can't prove. Models do get damaged in transit. Just my thoughts.
8hype
22-10-2008, 01:15 PM
it's quite simple make sure your requirements are that the buyer must pay for insurance.this way nobody loses out.i make sure all cars i sel are insured.that way if they make a claim we all get money back.
Troy_H
23-10-2008, 04:06 PM
last time I sent registered post they advised that damage isn't covered in the insurance, only lost totally. AP probably had too many claims. Has anyone else been told this?
Damage
23-10-2008, 04:09 PM
No, damage is most certainly covered providing the item is packed "securely". Whatever that means is anybody's guess but it is covered.
vBulletin® v3.6.8, Copyright ©2000-2012, Jelsoft Enterprises Ltd.