Hi everyone, please feel free to move/delete this post, but I'm having a lot of trouble finding an appropriate forum to post in - most Paypal specific forums are seller oriented and the only information I can find out about this is is from the seller's point of view. I am just at my wit's end and not sure where to post, thank you!
I bought an item on eBay - the items are hand made and manufactured by the seller. She had a no returns policy. Looked up the seller afterwards and reviews said that her goods were high quality but customer service was awful.
After using the item completely as intended for a few days I was injured really badly from using it as intended. It has been over a week and I still feel pain. I really politely contacted her and discussed with her what could be going on - her response was accusatory and she was completely unsympathetic. At this point I would have gladly accepted a partial refund. I'm actually going to have to go to the doctor this week as a result of this pain, so I feel that some kind of refund in this case is pretty reasonable. However, I filed a buyer claim twice on eBay and they sided in the seller's favor, saying it was a case of "buyer's remorse". Well, I can understand that if she was selling some second hand stuff that ended up hurting me, OK (and was nice about it too, which she wasn't), but she is MAKING these items. She's got a responsibility. If I bought any item from Amazon/etc. that ended up injuring me I'm sure I could hold the manufacturer responsible.
The card was a Visa. I am so new to chargebacks - I have a perfect Paypal, eBay, and CC history - no chargebacks or disputes ever for several years. I'm concerned, though, since I filed the dispute with eBay and lost, that my eBay/Paypal account will be suspended. I am also having difficulty finding out what protections I have as a card user - I don't know if I'm only limited to Fraud/Item not Received, or if personal injury counts. The card used was the Fidelity 1.5% visa. Their website is less comprehensive than other cards so I'm having trouble finding the terms of service on that one. Could others vouch for their experience on the Fidelity visa with chargebacks?
I do want to get my money back, but it's not enough that I'd want to risk losing my eBay/Paypal account over it. It's been very hard for me to find official documents FOR BUYERS, not sellers, like the chargeback policy on my card, the chageback policy at Visa, the policy at eBay/Paypal. I'm an honest and legit buyer and I wouldn't ever resort to this unless I had to.
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ZenNUTS
Deez
posted: Feb. 11, 2013 @ 10:42p
FatWalletFan29 said: Hi everyone, please feel free to move/delete this post, but I'm having a lot of trouble finding an appropriate forum to post in - most Paypal specific forums are seller oriented and the only information I can find out about this is is from the seller's point of view. I am just at my wit's end and not sure where to post, thank you!
I bought an item on eBay - the items are hand made and manufactured by the seller. She had a no returns policy. Looked up the seller afterwards and reviews said that her goods were high quality but customer service was awful.
After using the item completely as intended for a few days I was injured really badly from using it as intended. It has been over a week and I still feel pain. I really politely contacted her and discussed with her what could be going on - her response was accusatory and she was completely unsympathetic. At this point I would have gladly accepted a partial refund. I'm actually going to have to go to the doctor this week as a result of this pain, so I feel that some kind of refund in this case is pretty reasonable. However, I filed a buyer claim twice on eBay and they sided in the seller's favor, saying it was a case of "buyer's remorse". Well, I can understand that if she was selling some second hand stuff that ended up hurting me, OK (and was nice about it too, which she wasn't), but she is MAKING these items. She's got a responsibility. If I bought any item from Amazon/etc. that ended up injuring me I'm sure I could hold the manufacturer responsible.
The card was a Visa. I am so new to chargebacks - I have a perfect Paypal, eBay, and CC history - no chargebacks or disputes ever for several years. I'm concerned, though, since I filed the dispute with eBay and lost, that my eBay/Paypal account will be suspended. I am also having difficulty finding out what protections I have as a card user - I don't know if I'm only limited to Fraud/Item not Received, or if personal injury counts. The card used was the Fidelity 1.5% visa. Their website is less comprehensive than other cards so I'm having trouble finding the terms of service on that one. Could others vouch for their experience on the Fidelity visa with chargebacks?
I do want to get my money back, but it's not enough that I'd want to risk losing my eBay/Paypal account over it. It's been very hard for me to find official documents FOR BUYERS, not sellers, like the chargeback policy on my card, the chageback policy at Visa, the policy at eBay/Paypal. I'm an honest and legit buyer and I wouldn't ever resort to this unless I had to.What is this "hand made" item.
Tell us what it is or we just assume it's user error and you take your chance with something that's not UL approved.
BEEFjerKAY
Pics?
posted: Feb. 11, 2013 @ 10:47p
I'm thinking it was a "marital aid".
RWAnderson72
Member
posted: Feb. 11, 2013 @ 10:53p
If the seller's policy was "No returns" (and, presumably, no refunds), then you signed onto that as part of the deal. There's no warranty, and you don't have the right to return the item or ask for a refund.
Caveat emptor.
SUCKISSTAPLES
FW Historian
posted: Feb. 11, 2013 @ 10:54p
Flesh light? RealDoll?
Another post made to be as cryptic as possible yet asking for detailed help. Wtf do you think you're going to get in terms of help by totally dodging what the item was and What are the $$ amount we are talking about?
Glitch99
Senior Member - 10K
posted: Feb. 11, 2013 @ 10:59p
You could sue the manufacturer for selling a dangerous product. But that has nothing to do with your purchase of the product.
Put it this way - you cant unwind the transaction, you need to come full circle.
makinbutter
Nerdy Member
posted: Feb. 11, 2013 @ 11:04p
is this even a US seller? if not, you probably can't even sue.
if it is a US seller, you might explain to the seller that you're going to the doctor and getting checked out, and it is going to be expensive, and it might help "ease your pain" if she gave you a refund. be careful what you say, though, as it could be considered an offer to settle claims and, if you are seriously injured, your right to sue may go away from such an agreement.
jaytrader
Handsome Member
posted: Feb. 11, 2013 @ 11:15p
SUCKISSTAPLES said: Flesh light? RealDoll?
Another post made to be as cryptic as possible yet asking for detailed help. Wtf do you think you're going to get in terms of help by totally dodging what the item was and What are the $$ amount we are talking about? Seconded.
Haha, OK guys. I didn't mention specifics because the item is weird enough that you'd be able to easily look me up, and I don't want to turn this thread into a "McBonerz69 sold me a fleshlight and it cut my dick off F---- woudl not buy again". Probably not going to help anyone with the specifics, but in a way the fleshlight is a good example - it was something weird enough in which common sense wouldn't apply right away. Like if the situation was that I ended up at the ER and getting it surgically removed, or something. While it wasn't nearly that idiotic or obvious, there's a grey area. I just watched Napoleon Dynamite, so I'm thinking about the "Time Machine" that Kip buys (maybe on eBay, even!). Kip would probably have been covered under buyer protection if they said it was actually a time machine, but if they said it was a "novelty time machine, no guarantees, no warranty, etc.", should eBay continue letting them sell an item that's going to injure idiots? I do agree that someone shouldn't be held responsible by selling some used item that ends up injuring someone, but in this case the seller is hand making them so I have no one to turn to.
I think some of the issues here are because I mostly shop on Amazon which has an insane return policy. I've never had an issue with them and I've even gotten a lot of stuff for free when I didn't even ask for it. I haven't had issues with eBay sellers before, or the items were low cost/too simple to have actual problems, let alone cause injury. As for handmade items, I've shopped on Etsy for gifts before, and the sellers have been similarly eager to help - once I mentioned offhandedly a slightly negative/neutral comment about a previous order I'd made, and the seller refunded it 5 minutes later without me asking. In this case, the seller was accusatory and has a history of negative feedback (and you can Google the seller for threads on the terrible customer service).
I know that people make all sorts of ridiculous and fraudulent claims (Like the "My coffee burned me!" thing at McDonalds, or whatever) so I was actually assuming (wrongly) that I'd be covered by a much less fraudulent one. But Buyer Protection does not cover injury, and I do see why, because it would open up a can of worms and make things even harder for legitimate sellers. I just did assume that I'd have more leverage in this particular case, but I suppose not. For the record, I did contact eBay, Paypal, and my credit card company. It sounded as if due to my flawless history with eBay/Paypal, it'd be unlikely to have my account suspended, and what the credit card guy said on the phone made it sound as if I could cover any ridiculous case I wanted.
Oh, and I spent about 100 dollars, otherwise I wouldn't have bothered. Quality fleshlight materials are pricy, thanks for the link xoniax Also, thank you for humoring me with the newb question - I have never even gotten close to having this situation, and since there are several parties involved (eBay, PayPal, CC company, seller) it gets complicated.
jaytrader
Handsome Member
posted: Feb. 12, 2013 @ 12:40a
So what is the item? Did I miss it?
xoneinax
Senior Member - 6K
posted: Feb. 12, 2013 @ 1:06a
FatWalletFan29 said: I didn't mention specifics because the item is weird enough that you'd be able to easily look me upHow, did you upload a video of your use to You Tube ?
Are you one of just a few purchasers of the item on eBay ?
FatWalletFan29
Member
posted: Feb. 12, 2013 @ 1:15a
The latter. It's very specific, like I said, and describing the item and what it's for and how I used it in such a way that I was injured would just serve to take this thread further off topic...
Go ahead and flag this thread for deletion if you want, it hasn't served much of a purpose, unfortunately. Was confused due to my cushy experience with Amazon/etc. and was unprepared for this. I guess there's little information for buyers online since the system sides in their favor, so searching mostly yields posts from the other direction. Apologies!
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