Not as described, Under UK Law Seller Pays for Return?

[woody57]

Just received an email from Paypal, after I complained I ordered a Pair Of Boots from Mountain Warehouse and received a Straw Hat via Hermes. Now I have been told I have to sort out the return and pay the costs to return to Mountain Warehouse. Under UK law the seller is responsible but Paypal is saying it is down to me? Below is part of the email from Paypal..............................

"To receive the refund, you'll need to initiate the return shipment and upload the tracking information in the Resolution Centre before 5 May 2020.

The returned item must be in the same condition as when you received it and you're responsible for any costs associated with the return. If you're shipping internationally, please mark 'Returned Cargo' on the outside of the package to avoid tax charges".

At 73 years old this is pretty poor even from Paypal, do they not know the law?

[kernowlass]

@woody57 

In the event of a dispute you need to bear in mind possible return trackable costs before you buy from that seller / item / country.

Paypal state this >>
PayPal is not obliged to reimburse you for any costs that you incur to comply with any of PayPal’s requests for cooperation for the purpose of resolving the problem (including, without limitation, costs that you incur to return a SNAD item to the Payment Recipient or another party as PayPal requests), although sometimes it may reimburse these costs.

Although they will compensate you for some of the cost if you have activated this at some point before you made that transaction.
https://www.paypal.com/uk/webapps/mpp/refunded-returns

If you buy from a business in the UK then you can normally recover those return costs via the small claims court although most UK businesses would reimburse you anyway. (BUT if you choose to buy from a private or international seller you may not have that option).
You also have the option to do a chargeback via your card issuer instead of a Paypal dispute if you funded your Paypal payment via a credit card.

[woody57]

That is Paypal jargon, I never asked for Paypal to pay my return costs anyway.

But the email you sent me states if I want my money back then I have to sort it out and pay the costs.

This is not UK LAW so why are Paypal sending an old person like me an email like the above in which they are telling me to do something which is not UK Law?????? 

I will send a copy of the Paypal email to Trading Standards.

[woody57]

"What should you do?

To receive the refund, you'll need to initiate the return shipment and upload the tracking information in the Resolution Centre before 5 May 2020.

The returned item must be in the same condition as when you received it and you're responsible for any costs associated with the return. If you're shipping internationally, please mark 'Returned Cargo' on the outside of the package to avoid tax charges.

What happens next?

Once we've confirmed that Mountain Warehouse Limited has received the item(s), we'll issue the refund and close this case.

It may take up to 5 days for this refund to show on your account. If you paid using a credit or debit card, the money will be refunded to that card. Depending on your card provider, it can take up to 30 days for the refund to show on your card statement, depending on your card provider's time frames.

This case will be closed automatically if you don't respond by May 2020."

Warning this email from Paypal may be UNLAWFUL?

[kernowlass]

@woody57 

Firstly if thats jargon to you then sorry I bothered to give up my time to respond to your post with the FACTS.

No good going on about UK law if the seller is in CHINA or international.

And it is legal as paypals user agreement is LEGALLY agreed in every country where it offers its services, and it was approved by the FSA in the UK.

Secondly they are sending you the email so that you get your refund ''on return of the item back to the seller''.

Lastly feel free to send to Trading Standards, it will give them a laugh anyway as they have no power over international companies.  

[woody57]

Not International actually, dear old "Mountain Warehouse", who I believe come under UK Law?

[woody57]

Mountain Warehouse were mentioned in the very first post, and they are registered in this country GB.

[kernowlass]

@woody57 

Then there is no problem is there?

Return the item as paypal stated as you can't keep item and get a refund.

Then claim from your 'return shipping on us' link.

Then if it was over and above that you can do a small claims court action against the seller if they are UK (although most UK businesses would reimburse you anyway).

[woody57]

My whole point was I do not really want to take this anywhere at the moment.

I did nothing wrong.

Mountain Warehouse sent out the wrong item via Hermes, I asked for the right item to be sent and this "Hat" to be picked up at the same time, I asked three times by email/message and not one reply.

I then went down the Paypal route, I still think THEY should pick up their "Hat" and then they should return my money.

Why should I have to do it especially in the virus climate at the moment. I repeat, I did nothing wrong. 

[kernowlass · Accepted solution]

@woody57 

Up to you really Hermes will pick up from house so you don't have to go out.

But to be honest if you don't return it then you won't get your refund so its your call.

Good luck.