Am I entitled to a refund?

StormWarrior

I ordered 6 months supply of tattoo removal cream from an ebay seller and paid £100 for it. When it arrived, I was horrified to discover it was 2 small (surely not enough for 6 months) cheap, scuffed bottles with home-printed labels. I squeezed a tiny blob out and inspected it. It smelt and felt exactly the same as the cheap £1.99 for 500mls aqueous cream that you can buy in superdrug, in fact I am sure that is what it was.

Anyway, I emailed them, explained my concerns and said I wanted a refund. They said it really is tattoo removal cream but I can return it for a refund if I want. I sent it back by special delivery, they signed for it three days ago. I said when will I get my refund?

They answered that they will refund me when they have checked it and when I have left them good feedback. Of course I am not going to leave them good feedback when I haven't even been refunded yet! I told them so and asked how long it would take for them to check the item. That was 3 days ago and they haven't answered me since. I have started a paypal dispute and sent them an email saying if they don't refund me today I will leave negative feedback tomorrow.

Am I entitled to a refund?

Nody

As they accepted the refund the answer is yes but also escalate your dipsute.

StormWarrior

Its been escalated to a claim. I have left bad feedback because the seller finally answered with this message:

I have recived the item back and can tell you the itel had been open and the seal broken and due to this being a medical product it cannot be resold i will be reporting this matter to paypal and one badfeed bad deserves another

Now I know they can't leave me bad feedback so I'm not bothered about that. But they are lying! There was no seal on it to begin with! It was a cheap dirty bottle with a home made label, no seal or anything. How likely are paypal to find in their favour?

StormWarrior

OMG! I've just seen te answer they've given paypal! They claim I returned the bottle half-empty! I did not!

Also, I haven't been asked to write my side of the story yet, I could only tick boxes. The seller has been able to write an untrue account of what happened. when can I write my account?

I don't suppose you thought to take photographs of it?

Also, copy and paste the email from them telling you that they will refund once pos feedback is left.

HarryD

Ouch! ebay does attract the scum.
Luckily paypal normally rule in favour of the buyers, so you should be able to get a refund, through them.
Does he regularily sell this item?
What kind of feedback does he have?

StormWarrior

He does regularly sell this item and has mainly good, with some neutral, feedback. Maybe others wanted to leave neg but he blackmailed them as he did me, saying you'll only get your refund once I get my feedback?

I did not take pictures of it unfortunately. I want to write my side, but haven't been offered the chance yet.

StormWarrior

This is the answer the seller gave paypal:

Hi recived the item back yesterday and the product is a medical cream this had been open the seal broken and half empty due to this we refuse to issue a refund. Buyer has said if I do not refund by the end of today that they will leave bad feedback on Ebay I belive that this is a threat and bullying. Please resolve this matter and im sure you will agree that we are right not to issue buyer a refund.Thank You

The only bit that's true is that I threatened them with bad feedback and surely that's within my rights? And actually I didn't even "threaten" them, I just stated a fact: "Please refund me or I will have no option but to leave bad feedback."

StormWarrior

I've just realised it was the seller who escalated this to a claim, not me. I don't get it, why would they do that? And when will I get the chance to give my side?

HarryD

I think he wants paypal to sort it out, as no agreement will be reached between you two, hence escalation.
Will be interesting to see how it progresses.
If you dispute his claims of broken seal, I reckon paypal will rule in your favour.
Perhaps say you've been in contact with other buyers who have confirmed no seal on the item.

PCPhoto

why not ask paypal to ask seller for proof of seal ?

Also ask them why the seller accepted the return - you are entitled to give them negative feedback on the transaction as you had a bad transaction.

contact paypal and give them your side of the story - they have to decide based on both sides - dont expect you will get all the money back (paypal seem to have a thing where they say the buyer wins - but they are unable to give the whole amount) - you loose about 20% - paypal fees.

StormWarrior

I just found out I was meant to write my statement in the box provided - stupid me! I thought I was meant to write a message to the seller there so I just wrote there that I wanted a refund! I have sent my statement to paypal through an email now, I hope they get it and link it up with the case! I will ask other buyers if theirs had a seal on it.

jor el

StormWarrior wrote: »

I have sent my statement to paypal through an email now, I hope they get it and link it up with the case!

They won't, and since you submitted your side without saying anything, they may well rule in favour of the seller. You're only hope is if the seller responds, which will give you an opportunity to respond to that.

StormWarrior

OMG I lost! But in other threads it says that the seller may not be in possession of both the money and the goods, so if I pay extra postage, do they have to give me the cream back?

Anyway, they lied and said I broke the seal. It wasn't sealed, and I emailed someone else who bought the same product and she agrees hers wasn't sealed either. Plus they lied about the date on which they recieved it back which I can prove. But there's no option to appeal coming up. What can I do?

discombobulate

StormWarrior wrote: »

OMG I lost! But in other threads it says that the seller may not be in possession of both the money and the goods, so if I pay extra postage, do they have to give me the cream back?

Anyway, they lied and said I broke the seal. It wasn't sealed, and I emailed someone else who bought the same product and she agrees hers wasn't sealed either. Plus they lied about the date on which they recieved it back which I can prove. But there's no option to appeal coming up. What can I do?

Well if it was me personally and I didn't get the refund i'd completely mess up their business by setting up fake eBay accounts, buying all their stock etc.

But i'd be spiteful like that.

Also from any disputes on Paypal i've been involved in i've been able to add as many comments as I like to a case through the resolution centre.

HarryD

chargeback ?
Was the item signed for ?
If not claim you never received it.

Aoibheann

You can appeal the outcome of a dispute afaik. On the email you received advising you of the outcome, it should have stated an appeals email somewhere. If not, I'd recommend giving PayPal a call and see if they can be of any assistance re an appeal.

Same thing happened to me last year over a laptop charger I bought. The seller got pretty nasty leaving feedback saying I was credit card fraud scum and even rang my house a few times calline me a number of names such as "filthy irish cnut" he also said "I hope your kids choke and die". Those are two of the nicer things he said. Even after I showed pay pal all his vicious emails and after recieving a refund from him they still ruled for him as they said that when I recieved a refund I should not have then left negative feedback.

Best of lcuk with your claim op but I wouldn't hold your breath that jsutice will prevail.

byte

Jeez, that sounds bad. I find it bizarre that that sort of crap from the seller didn't warrant bad feedback.