Legal Question in Consumer Law in California

Ebay/PayPal Dispute

Purchased item on eBay. Seller stated 'mint conditon' and gave specific dimensions. Arrived with scratches and broken components. Specs were not what was stated by seller which made it unusable. Seller acknowledges error in dimensions but denied damage claiming I cause it. Absolutely not true - I have witnesses. It is possible (not likely) that the scratches were done during shipping (DHL) but definitely not the broken and non working parts. Only the shipper/seller can file a claim with DHL. Seller agreed to refund purchase price but not the shipping I paid nor the cost to return it. I filed a dispute with eBay/Paypal. Seller escalated the dispute to a claim asking Paypal to decide outcome. I was not give a choice as to whether or not to file the claim. PayPal's decision was that the seller would refund my entire amount but I had to return it at my expense ($100) in the original condition. I've been given 10 days (July 18) to send it and provide tracking info to paypal. I'm at a loss. I neither damaged the item or misrepresented the specifications. The seller did. I don't believe I should have to pay ANYTHING. The seller is in New York. I'm in Califnia. What can I do now? I'd appreciate any help urgently.

Thanks


Asked on 7/10/07, 2:38 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Ebay/PayPal Dispute

Welcome to the world of Paypal. When you use them, you agree to their terms. That may mean paying the $100. But, if you want your money back, you cannot keep the item. So returning it sounds fair. In the future, either don't use Paypal or buy locally.

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Answered on 7/11/07, 4:35 pm


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