purchases guarantee merchantability "seller loophole"

gb109
New Community Member

What if you receive an item that has been correctly "described"... but it simply does not function/work? You notice 2 things about their ad: 1) The seller has a no return policy and 2) the seller cleverly "never actually states" in the product info that the item works at all? Could it be that buyers just "assume" it works because it is published as "for sale"... but nothing states anything like that in the ad. Are you stuck, ripped off because the seller has not actually violated any rule stated online by Paypal because there is nothing online (that I can locate) that specifically addresses the issue of merchantability? Could this be a seller loophole that unscrupulous sellers can exploit? I realized this today just as I was about to purchase an older, hard to find part for a car. Thanks for any help on this.

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2 REPLIES 2

DPCreations
Frequent Advisor
Frequent Advisor

The seller no return policy has no value.  PayPal policies always prevail.

PayPal clearly states that the item nees to be "significantly not as described".  PayPal provides some guidelines.

You need to figure out of your item qualifiies or not.

So, file a dispute for item not as decribed and then stick to a logical reason to support your claim.  If you prevail you will need to pay to return and the seller can then appeal.

It's all part of the risk with internet purchases.  If you have questions about a seller's claim you have a duty to ask the seller to clarify.  If you're not sure, then don't buy.  Buyers do have a responsibility also.

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Whac-A-Mole
Frequent Advisor
Frequent Advisor

if you expect the part to work,then you should ask the question,if you have to file dispute with Paypal and win,you are expected t o pay for return shipping.

do yourself a favor,ASK,it cant be that hard?

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