Sender should pay return post under UK Law

[rianscott]

Hi Guys,

I have opened a dispute for an item that arrived from ali express that wasn't as described. Paypal accepted the refund as long as I posted the item back to China at my own cost.

After seeking legal advice, I was advised that the seller was liable for potage costs not me 

Under the Consumer Rights Act 2015, if goods are found to be defective, the trader must bear 'any reasonable costs' of returning them. (The goods ordered were NFC stickers and the seller sent regular stickers without NFC therefore did not operate as described eg:faulty)

Paypal decided to close my case because I didn't provide tracking details of postage.  I'm now trying to get in touch with paypal but once the case is closed it seems impossible to contact them.

The item purchased was only around £5 so the postage back to china would be £8 which obviously is not worth me sending back. It's not a cost I should have to front under UK Law. What could be my next step?

I've tried chat and it's just a robot, I can't open another dispute on one they have closed.

I don't know what to do?

Thanks in advance for any help

[kernowlass]

@rianscott 

You are mixing up UK law with what Paypal offers under buyer protection.

Paypal offers a full refund for SNAD items on return of the item back to the seller.

If not every buyer would file a SNAD dispute to keep both item and get their money back !!!

In the event of a dispute you choose your seller and not Paypal so you need to bear in mind possible return trackable costs before you go ahead and buy from that seller / country.

Paypal state this >>
IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. PayPal Buyer Protection does not entitle you to reimbursement for the return shipping costs that you may incur.

If you bought tat from a Social Media website then its nearly always China based.

So a company in China would not be subject to UK law.

If the company was in the UK then of course if the item was misdescribed they would probably offer you a refund and pay return postage costs and if they did not you could take them to the small claims court.

However an international company does not have to bother about that as they know you could not enforce them to pay return costs as UK law has no jurisdiction over them.

[rianscott]

Other advice given on other forums suggests never filing a SNAD with paypal, Always say the item hasn't arrived. It seems crazy that Paypal should offer buyer protection that allows the buyer to be out of pocket. This really isn't buyer protection at all and should not be marketed as such. I'm not bothered about the £5 stickers, I'm bothered about a seller that gets away with unpunished fraudulent activity. To add to my list, I'm bothered about paypal using buyer protection in their advertising but not making it clear that it is of no use to many purchases overseas.  

My lesson has been learned and luckily only cost me £5. Overseas purchase requires a credit card for proper buyer protection not like the Mickey Mouse buyer protection paypal offers for overseas purchases

[kernowlass]

@rianscott 

ok