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Product Delivered After Cancellation - Should I Return It?

Discussion in 'Australian Consumer Law Forum' started by andrew m, 23 April 2014.

  1. andrew m

    andrew m Member

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    A purchase on eBay was suppose arrive on the next express delivery. The supplier made excuse after excuse for not delivering. 3 weeks later, it was still not posted, so I cancelled the order and asked for a refund, after going to Paypal for the claim. While the case was being reviewed, the supplier sent the items after cancellation. Paypal found the case in my favour and said I must pay for return postage.
    The problem here is that because of its weight It is going to cost me $970 and I would have to hire a forklift and operator to lift it onto a truck. The cost of the generator is only $500.
    So why should I pay over $1000 for Return of Goods that were cancelled before delivery?
     
  2. andrew m

    andrew m Member

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    I have a problem with everybody here
    The supplier, ebay, paypal, and TNT.
    Between them I have been forced to buy a box of broken parts I do not want and did not ask for and refused to accept.
    the order was cancelled due to slow delivery, but he still sent the generator.
    I told TNT not to deliver it but they still did, because they were under instruction from the seller to deliver regardless
    and now paypal say I have to pay for return delivery, the cost of this is over $1000 and it is just broken parts the seller has put in a box so he could say he has sent it.

    Yours sincerly
    Andrew
     
  3. John R

    John R Well-Known Member

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    Hi Andrew,
    The perils of online shopping get the best of us sometimes!
    Just to make sure I understand the question:
    1. You purchased a generator on eBay and paid with PayPal
    2. You paid for next day express delivery
    3. Three weeks after purchasing the product, you cancelled the order and raised a payment dispute with PayPal because you had not yet received the product.
    4. You subsequently received a delivery but it wasn't a generator - instead a box of broken parts
    5. PayPal has advised that they will only refund you if you return the box of broken parts to the supplier - at a very expensive cost to you
    A couple of questions:
    1. Do you have a saved copy (e.g. printout) of the eBay auction that stated that the generator was eligible for next day express delivery?
    2. Do you have a saved copy to confirm your PayPal payment on the purchase date?
    3. Do you have notes of your communications (e.g. phone calls, emails) with TNT instructing them not to deliver?
    4. Did you receive any confirmation from the seller, eBay or PayPal acknowledging that you had cancelled the order pre-delivery?
     
  4. andrew m

    andrew m Member

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    Yes your understanding is correct
    answers to your questions

    1. yes have printout of ebay auction and conversation with dates showing my requests for proof of postage
    returned conversation seller claiming have sent generator, also have scanner printout from TNT contradicting their claims

    2. yes have printout showing purchase 24/2/14 and email from paypal confirming payment on 25/2/14

    3. nothing in writing with TNT but notes on some bazaar phone conversations, they were having trouble contacting driver......... but I could tell driver to send it back when it arrived, but when the driver came he never came to the door instead took it down the side ally and left it in the backyard. When I called and complained that it had been left without my knowlage TNT said it was instruction from sender.
    They sent me a printout of consignment note, showing special instructions from sender.

    4. I have copy of email 16/3/14 sent by me saying due to failure to post item I will be purchasing elsewhere and suggested contact me about refund.
    have copy of reply 17/3/14 12:52pm still claiming had been sent.
    I have printout from TNT showing time of pickup from hand held scanner 17/3/14 14:46pm (2 hours after he replied to cancellation).
     
  5. John R

    John R Well-Known Member

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    As an attempt to cut your losses and move on (despite the fact it won't necessarily provide "justice"), have you considered shopping around for a better price to ship the generator/box of broken parts back to the seller using a freight aggregator like Temando or Interparcel?

    You may also consider making a complaint online with your Consumer Affairs/Fair Trading office where you're unhappy with PayPal's attempt to resolve the dispute to date AND the seller was a business trader (not just a private seller). For example, the Consumer Affairs Victoria Online Complaint form.

    Please keep us updated.
     
  6. winston wolf

    winston wolf Well-Known Member

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    Have you sent photos showing PayPal that the goods are not what you ordered?
    Am I correct in saying that PayPal wont do the refund until the seller receives the good back.
    If you can get PP to refund you then the stuff you received could be classed as unsolicited goods. In which case after proper notice you could get a scrap metal merchant to to pick it up for free.
    I have found TNT etc will do anything not to set a precedent where they are responsible for any thing they do. They just say "we are not common carriers" "we are not common carriers""we are not common carriers".
     
    John R likes this.

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