Item not as described. But PayPal keep refusing my claim!

[Gilbert159]

I bought and received some collectible cards. The items are not as described, as the seller classed them as Near Mint. Basically meaning in good condition. The cards are what some would call Heavy Play, meaning bad condition. Basically the definition of not as described. I’ve given A LOT of evidence with pictures of the cards and conversations with the seller. The seller even blocked me without trying to resolve the issue. Turns out the seller is known on most card forums as basically a scammer. I’ve shown evidence of all this. Yet PayPal have now rejected my claim twice saying ‘ We've reviewed the transaction(s) and are refusing your claim(s). This decision was made because if an item is materially similar to the seller's description, we don't consider it to be significantly not as described.’ I have no idea what ‘materially similar’ means. PayPal are clearly not even bothering to look into the claim as any rational person would see I’ve been scammed and the item is not as described. I’m not sure what kind of buyer protection PayPal are claiming to give to customers but I’m extremely unhappy. I’m not sure what else I can do at this point.

[kernowlass]

@Gilbert159 

You bought cards and you got cards, paypal does not get involved in 'quality' of the item.

The item does not meet their criteria for the item being ''significantly'' not as described.

So you can try a chargeback via your c.c. if you funded your paypal payment that way OR small claims court if they are in the UK as well but be aware you may still lose.

[Gilbert159]

Sorry I’m not sure I understand your statement. The item was classed as not as described. Not that I received the incorrect item.

[kernowlass]

@Gilbert159 

Didn't say you got an incorrect item.

You bought a card and got a card, so the item was not materially different than advertised or significantly other than as described.

[Gilbert159]

I know you didn’t say I got an incorrect item. But saying something wasn’t materially different is just another word for saying so. PayPal can mix words all they want. My point is the item was not as described. If I bought an item anywhere else, eBay for example, and the item was not as described, there would be no issue. Not sure how this is so difficult. What exactly would class as ‘significantly other than as described’?

[kernowlass]

@Gilbert159 

This isn't Ebay, read up on Paypals buyer protection policy which has nothing to do with Ebays. 2 separate companies with 2 separate buyer protection policies.

If you do a chargeback via your card issuer (if you funded your paypal payment that way) then they may refuse as well as even credit cards have terms and conditions. 

Paypal covers you for items ''significantly'' other than described. Yours was misdescribed as regards quality but that does not make it ''significantly'' other than as described.

So you would need to resolve it with the merchant or small claims court if the seller is UK as well.

[Gilbert159]

Again, I never said they are the same company. My point is, if I was to purchase anything, anywhere, and the item was not as described. Regardless of ‘significance’. I would be eligible for a refund or return. You still haven’t described or gave an example of what classes as ‘significantly’. If I bought a tv and the seller said it was in perfect condition, and once received, it had a giant scratch on the screen. Would that be significantly different? Because by your login, it’s only ‘quality issue’. Saying something needs to be of significance leaves a very big grey area. It goes from being objective to subjective. Ridiculous.

[kernowlass]

@Gilbert159 

You are using PAYPAL, so you agreed to PAYPALS buyer protection when you opened your Paypal account and the claim was decided consistent with that policy.

That does not detract from your legal rights within the UK for consumer online shopping (which you would use for other sites if you did not get a refund) BUT that would be between you and the merchant to sort out in the small claims court and comes OUTSIDE of what Paypal offers you.