Good Afternoon:
I'm trying to clarify what does or does not qualify as a valid "Significantly Not As Described" (SNAD) claim, pursuant to the PayPay User Agreement.
When a Seller indicates "No Refunds"... but at the same time accepts PayPal payment, then they are bound by the PayPal User Agreement which may actually force them to issue a refund if the item sold was SNAD. I think this is correct, right?
If the seller indicates that their item is sold NIB (New in Original Box), and they indicate "No Refunds" as their policy, but they DO accept PayPal payment... what if the buyer receives the item undamaged by the shipper, but the item is DOA (dead on arrival). For example, an electronic item (originally packaged) simply does not work out of the box due to manufacturer defect which was NOT widespread (no recalls or known issues). Further, assume that the model is "outdated" and no longer sold by the manufacturer or, for whatever reason, the buyer just ISN'T going to get any replacement or satisfaction by the manufacturer. If the buyer initiates a claim, would they ultimately be refunded their purchase price under the SNAD definition? I think a buyer's reasonable assumption is that whatever they purchase WILL be operational (and therefore covered), right? Does anything change in the above scenario if the Seller indicates "Sold As Is" in their description... or does the SNAD policy guarantee "merchantability" (that it will WORK!) if if seller is paid via PayPal?
Any insights are appreciated.
PS It is interesting that a seller can indicate "No Returns" as their policy... but that does NOT necessarily mean "No Refunds" if they accept PayPal, as per the PayPal User Agreement.
