Roboguy Refused to Give Me a Refund on Xiaomi Robo Vacuum Via PayPal Dispute. What Are My Options?

Hi guys,

As with many OzBargainers, I have ordered a Xiaomi Robo Vacuum Cleaner from RoboGuy. The item was promised to be delivered by the end of May, however, it was delayed until the end of June. As July is fast approaching, the RoboGuy marketing guy updated via OzBargain post that I have to now wait until near the end of July to receive my items. The update of the orders can be found in this post.

I have lost all confidence in receiving my items from this seller, as RoboGuy has failed to uphold their promise to deliver the items on time. I opened a PayPal case against RoboGuy, and their reply is as follows:

Hello [my name],

We are extremely sorry about the delay in delivery, however as we have processed and paid for your order we are unable to issue you a refund. Also under our terms and conditions, we are not obligated to provide you with a refund.

Once again we would like to apologise for the delay in delivery, however it was caused by events outside of our control. We are not making excuses or scamming our customers, just explaining the honest truth of what has happened.

We look forward to delivering your order as soon as possible.

Kindest Regards,
RoboGuy

  • RoboGuy, Tuesday, 27 June 2017 at 10:25:08 AM

I am not familiar with PayPal policies very well, and in this case, are there any other options for me to receive a refund?


SUMMARY OF SITUATION UPDATES

I have escalated my case to PayPal for their review. Link to the comment's full information can be found here.

I filed a formal complaint to the ACCC. Link to the comment's full information can be found here.

ACCC replied, PayPal case is now under review, and RoboGuy emailed me the shipment update (it has been delayed again). Link to the comments' full information can be found here.

I will continue to update this section as new developments occurs in regards to my case and report.

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Comments

  • +33

    we have processed and paid for your order we are unable to issue you a refund.

    Not your problem. They failed to deliver within their timeframe. Open a PayPal dispute.

    • Ah yeah I was not being very clear above sorry! I opened a PayPal dispute claim, and that reply I pasted above was from RoboGuy's reply from my dispute claim. What should I do now? Do I say anything back?

      • +45

        State the facts. It's been 49 days since you purchased the item. They still haven't posted it. If so, can they provide proof of delivery ie. a tracking number? Since they still haven't posted the item, then there's no reason why you shouldn't be able to get a refund.

        PayPal will side with you.

      • +3

        Call PayPal and dispute, don't rely on the online form

        Tell them you have not received the item

        The 45 day thing is bullshit they use to stop you disputing, this is against your Australian Consumer Rights

        You can also charge back via your bank

        • You can also charge back via your bank

          Sometimes. Not all banks do. Mine doesn't.

        • +1

          @GregMonarch: Fairly sure there would be some sort of legal thing requiring all banks to do it..
          Anti-fraud related stuff.

        • @Originality: And i'm pretty sure the chargeback is handled through Mastercard/VISA, so am confused by this comment.

        • +2

          @tomsco: Banks contact/work with Mastercard and visa with charge backs. Any time I've had issues and the payment wasnt through paypal, I have just called my banks support and they have dealt with it all for me.

        • @Originality: Nah… It might be because mine is a visa debit card, not sure. So it works like a credit card as far as the vendor is concerned, but the money has to be in the account - no credit facility. But I checked a few times with different people at a couple of branches (it's a building society) and they said they can't 'pull back' the money if I gave the go-ahead to take it in the first place. i.e. They can only require it back if it's an outright fraud: stolen details.

  • +4

    Paypal dispute it simply didn't show up in the timeframe you were told.

  • +1

    Dispute it. Forces out of their control is not your problem.

  • +39

    "Also under our terms and conditions, we are not obligated to provide you with a refund."

    They have a legit ABN. ACCC and your states Fair Trading would be interested in that.

    • +7

      I'm thinking to let PayPal handle my dispute claim by sending an escalation request there. I think the ACCC would be my last option to go to. Thank you for bringing it up though! I forgot about the ACCC amongst all this mess.

      • +9

        I dunno mate. What about those who buy after this fiasco? They need to be punished.

      • -1

        Australian Law has your back.

        If you want to pursue itm you will win. If you really dont care, just give up.

        Posting on a forum wont do anything.

        • +4

          Hi. I have taken the recommended actions suggested in this forum post. I perfectly understand that posting a forum will not do anything legally binding in my favour. Thank you for your reassurance.

    • +3

      I think Australian law would disagree with them. This kind of response and customer support are worrying signs.

  • +2

    Just wait for paypal to refund you, it's not up to the merchant to decide.

  • +6

    Always felt like a Kickstarter from the beginning. Surprises me that people think doing business with China/HK is as simple as business in Australia.

    • +4

      Dropshipping… and now his supplier is screwing him

      • +2

        Xiaomi are the worst product to drop ship in large volumes. A lot of the "big players" that post here and other online stores often have trouble securing large volumes of stock as Xiaomi release small quantities at a time.

        • +11

          Takes time to install all those backdoors for the Chinese government

        • @Martijn: Considering they don't even make most of their products you're probably right.

  • -1

    Bikies.

    • +3

      Flying Monkeys

      • +6

        Flying bikies

        • +4

          Biker Mice from Mars

  • if you cant wait till end of july, open a dispute now via paypal

  • +56

    I opened a PayPal case against RoboGuy

    Just a word of warning: scammers will try get you to close the dispute claiming bs reasons like that they need you to close it to refund you or something.

    NEVER EVER CLOSE A PAYPAL DISPUTE
    You cannot reopen it!

    They prey on people who do not know this.

    If you paid by credit/debit card you can do a chargeback too, call you bank and say the item is of no use to you know as it was not delivered in a timely manner.

    • +3

      Don't even close it when there is a refund there. The refund can be cancelled for some time after that.

      • +2

        Can you elaborate? Is there some period where they can no longer do this or could you get a random charge 6 months later?

        • +2

          All I can do is explain what happened to me. I made an ebay purchase. Received a faulty item, I asked for a refund because the device didn't work, and I shipped it back. The seller got the device back so gave me a refund. The money was back in my PayPal account, so I wrote a positive review and closed the sale. Then the seller reversed the PayPal refund (not sure why, but the seller told me that he discovered the cause of the problem was with the power supply that came with it). I had to appeal the cancelled refund, and eBay was able to deal with it easily, but because the sale was closed I couldn't change my review.

          TLDR: I closed the sale with eBay and then the PayPal refund was cancelled.

          As far as I remember, PayPal gives the seller a three day window for cancelling a refund (i.e. not six months).

    • +4

      If you do ever close a dispute by accident, I have had success calling PayPal and explaining the situation to them in the past. They have reopened for me.

    • +1

      The dispute can be reopened, but you need to call PayPal.

      Doing shit with PayPal online does nothing! You need to call them and keep calling.

      They are a terrible company, but if you keep calling they will fall in line.

  • +14

    Escalate your claim. Do NOT close the dispute. Just let PayPal handle it.

  • +1

    Keep us posted.

  • +15

    I have escalated my case to PayPal for their review. I quoted the full issues of the transaction by highlighting its failure to deliver the goods in a timely manner and also refusing to refund my order when I have yet received it. In my response to PayPal's case description, I have made sure to highlight these issues, with explicit mentions to lack of proof of delivery, lack of tracking numbers and consistently failed to deliver the items upon a promised timeframe (e.g. promised to deliver by the end of May, then June, now July).

    I will make sure to keep you guys posted on how PayPal will handle this case. Thank you guys so much for the responses!

    • +9

      Believe me, you'll win, no need to worry even slightly. They don't even look at the cases most of the time, and just side with the customer.

      • Good to know. It’s quite a nerve wracking process… a lot of money is in limbo.

        • +1

          When I was running my shop I had a customer lose an ebay case then half win a PayPal dispute. I was covered by seller protection but it was a joke.

          The customer in question wanted a full refund because the box was slightly damaged. Wasn't interested in sending it back for a full refund postage paid either. On the bright side the amount of anger the guy had was quite amusing and the thing was only worth like 20 bucks anyway.

          Anyway moral of the story is you won't have any issues.

    • +9

      Update 1:

      After some thoughts, I have decided to file a formal complaint to the ACCC via their website. Link to the page to file a consumer issue report can be found here.

      If you are in a similar situation that I am in, please take a few minutes to submit a report to the ACCC. I believe that the more reports of the same issue regarding RoboGuy is submitted to the ACCC, the better it is for everyone as the ACCC will investigate into this matter seriously.

      The report only permits two supporting documents to be submitted alongside it. I attached the proof of purchase from RoboGuy on his website, which currently still displays my order as 'unfulfiled'. I also attached the complete screenshot of my exchanges to RoboGuy via PayPal displute claim, where he flat out refused to provide me a refund to my undelivered order.

      If I have selected an incorrect place to lodge my complaint to the ACCC, please let me know and I will make sure that this issue is appropriately investigated into under the Australian consumer laws.

      Thank you so much for the responses guys. You all have made me realise that I am not trapped in this situation that I thought I previously was. I would also like to thank AdosHouse, rorymeister, -.-, Rumstein and nrg2010 for letting me know the ACCC is another option that will look into issues like this and ensure other OzBargainers and customers have a voice and are protected in the eyes of the law.

      I will continue to update this post chain whenever there are new developments in my case and report.

      • +1

        I have also filed a complaint with the ACCC.
        Hopefully others will follow and give this problem some visibility to the ACCC.

        • +3

          Just FYI, ACCC won't help any specific individual get a remedy from a seller. Fair Trading in your state is the body that does that.

          What ACCC will do is take action against sellers to ensure they comply at a business level with Australian Consumer Law. So things like ensuring his T&C don't contradict ACL, penalising them for telling customers they are not entitled to refunds when they are, etc.

          So yes, ACCC is a good place to take this to if you want to ensure the seller trades in accordance with Australian law and/or gets punished for trading in breach of it, and the more people that complain the more likely that they will investigate the seller.

          https://www.accc.gov.au/consumers/consumer-protection/where-…
          "While we don’t resolve individual complaints, we will use the information you provide to help us understand what issues are causing the most harm to Australian business and consumers, and where to focus our compliance and enforcement efforts."

      • +1

        I have filed also. As was mentioned by salem, the main intent behind filing the complaints is for the ACCC to ensure that his T&C's and conduct aren't breaching Australian Consumer Law.

      • +3

        Update 2:

        Big update today.

        First up: the ACCC

        ACCC has replied. They have recorded my report, and recommended me to file a complaint to NSW Fair Trading if the situation has not been resolved. I cannot paste the full contents of the email as the bottom bit of the ACCC states that:

        IMPORTANT: This email from the Australian Competition and Consumer Commission (ACCC), and any attachments to it, may contain information that is confidential and may also be the subject of legal, professional or other privilege. If you are not the intended recipient, you must not review, copy, disseminate, disclose to others or take action in reliance on, any material contained within this email. If you have received this email in error, please let the ACCC know by reply email to the sender informing them of the mistake and delete all copies from your computer system. For the purposes of the Spam Act 2003, this email is authorised by the ACCC www.accc.gov.au

        Second: PayPal

        PayPal is now reviewing my case. As with other users, I suspect RoboGuy has simply sent PayPal the shipping container information to try stalling as much time as they can.

        Third: RoboGuy has just updated me the status of the shipment

        Dear [my name],

        We wanted to let you know that our shipment was supposed to leave the Yantian Port on the 3rd of July via the CAP ARNAUTI and arrive into Melbourne on the 15th of July, unfortunately we received notification late last week from APL and our supplier that due to the CAP ARNAUTI Live Tracking being overbooked ours and other people’s shipments were of the few that did not make it onto the ship. APL has rescheduled the shipment to leave today (10th of July) on the LENA-S. The LENA-S Live Tracking is scheduled to arrive into Melbourne Port on the 22nd of July.

        We have been able to simplify how we will conduct delivery within Australia which will allow us to cut several days of postage time, this should hopefully make up for some of the days we have lost due to this unforeseen hold up. We are still aiming for delivery around the 26th of July, this will be a struggle, but we do believe for the most part we will be able to archive this.
        Your 12-month warranty will not commence until the 1st of August 2017, so the delay in delivery has not intruded on your warranty period.

        Also, we hope to have some very exciting news coming up for you in the next week, so stay tuned…
        We would just like to say one big THANK YOU to you for purchasing with us and we really just can’t wait to provide your order to you.

        Kindest Regards,
        The RoboGuy Team
        0422421249

        TL;DR version: shipment delayed again due to ship being overbooked. RoboGuy is aiming to have orders delivered around the 26th July to their customers.

        • +2

          Another delay? gasp

        • Update 3:

          PayPal has ruled the case in my favour. I will be receiving a full refund of my payment to RoboGuy within 5 business days.

          However, recently, RoboGuy has been sending me emails to confirm my address for the order to be delivered. In the next couple of days, if they send me the order even though I am now getting a full refund back from PayPal; what do I do if the order arrives?

        • +2

          @smellycow7: tell him you'll leave it on the front step for him to pick up, and ask him which date suits him best.

        • -1

          I cannot paste the full contents of the email as the bottom bit of the ACCC states that:

          That does not apply here because your username is not who they wrote to. Just obscure the personal details.

  • +5

    Holy cow.. Read man thread.
    Roboguy has 3 available for over 560 each on eBay right now…

    Evidently he did bring them back via his suitcase..

    • +6

      Doubt he actually has any. Here's the listing.

      Postage: FREE Standard Shipping from China/Hong Kong/Taiwan to worldwide | See details
      Item location:
      Albury, NSW, Australia
      Posts to:
      Australia
      Delivery:
      Estimated between Wed. 12 Jul. and Fri. 28 Jul.

      He's one of those sellers who says the item is in Australia but it's actually coming from overseas.

      • As far as I can tell, that listing was created 12 April.

        • +9

          This listing was ended by the seller because the item is no longer available.

          Clearly Roboguy has been following our OzBargain posts but chooses not to reply.

  • +8

    I raised a paypal dispute on the day he confirmed that ETA is now July. No point giving him the benefit of doubt after all this time. I'm not here to be charitable. I'm merely a customer who had paid for something and expect it within a reasonable timeframe.

    I also placed an order with another seller on eBay on the day i raised the paypal dispute and it already arrived yesterday lol

    • +4

      Yea same here. I ordered it off ebay and the ETA is today.
      I'm sorry he got screwed by his supplier, but it's only fair that he does not pass on that screw to us.

    • I also ordered from the other deal last week. Received tracking details today- shipped yesterday ETA mid next week (FNQ).

    • I don't mind long waits. But if they accept paypal, then they'll send the item before the last day when a dispute can be raised, or they'll be refunding the money.

  • +1

    If you look carefully the Ebay listing is not some sort of investigative revelation. It looks like it was posted in April merely to direct people to his website. It was just an advertising tool. Sure it goes against ebay policy but that's another matter. In fact his last line says goto my website for CHEAPER pricing. So it's not like his selling on ebay while not supplying to you guys. As I said, it's just another avenue to get business - when he finally gets the shipment. Also considering he may be up for a few returns/refunds he probably needs the additional sales.

    Also people are entitled to lodge a paypal dispute - I got 'banned' from posting on the other thread for saying this but just because you are entitled it doesn't mean it's the best option for everyone. As I predicted roboguy is stretching it out as far as Paypal would allow and that's his prerogative. My point was that for many people going through the paypal process was more likely to take them longer to get a refund (if at all) and buy another one vs waiting the additional 2-3 weeks to receive the vacuum. Sure you may not have any faith in him and want to take some 'action' but if I were in that situation (which I'm not) I would be more pragmatic about my options. In any case, everyone's free to do whatever they choose and live with the consequences.

    Note: This is not another invitation for a s**fight… I'm just stating my opinion.

    • -6

      He doesn't want the vacuum anymore. Its not even about the vacuum. Personally id never buy a vacuum from a overseas seller unless I had one that I could put up with for another 3 to 6 months. I can give you some advice of my own regarding buying from overseas sellers DONT !!! Whatever money you save is lost in postage times, paypal disputes & headaches.

  • +11

    What a scumbag. They should be blocked from posting. Completely dodgy.

    Sorry to all you who bought and were misled.

  • +1

    Hmm - has anyone seen this on their website?

    https://www.roboguy.com.au/pages/hong-kong-trip

    A recent supposedly proving they have the stock.

  • Very simple. Its a case of Non-delivery. Escalate it to a claim with PayPal

  • +4

    The posters here have given you solid advice. What's surprising is that no has mentioned this seller's feedback score is ZERO.

    I like to follow a simple rule when buying from eBay. Never buy from someone with ZERO feedback. For emphasis, the follow up rule is - never buy something for multiple hundreds of dollars from someone with ZERO feedback. As for buying something for multiple hundreds of dollars from a guy with zero feedback who then asks you to wait two extra months for delivery - but I'm sure you're starting to get the idea.

    • +6

      Hi woz, yeah I agree that no one should ever spend that much on an eBay seller with zero feedback scores. However, when the deal went up, my order was not placed through eBay. It was placed through his website. There was no way of knowing his feedback score as the deal referred directly to his website.

      Thank you for your advice though. It is a great advice to keep in mind when buying on eBay. I am sure it could save someone from heaps of troubles in the future.

    • +4

      Please read the post carefully.

      • +2

        Acknowledged. Read your post above as I skip read through this thread and viewed the eBay listing you linked to. The original post doesn't use the word website, and I mistakenly assumed it was an eBay listing the OP was referring to. I had no idea this 'deal' had such a convoluted history until I accessed the actual deal thread. My apologies if I have offended anyone.

        I'd also like to compliment the OP on the gracious reply he gave my post, when he could have taken issue over my error.

        On a personal note, I ordered a pair of float tubes for just over $100 off eBay that I KNEW were too good to be true about a year ago. There was existing positive feedback though. I proceeded on the basis that paypal always sides with the customer. Of course it was a scam, the seller disappeared, and paypal refunded without any hassle at all.

  • -7

    buyer beware.
    better luck next time.
    just buy a $50 vacuum from kmart if you need something urgently

  • Agree with alot of people here, let paypal handle it. Be clear in your reply that this is not acceptable and unless they can provide a tracking number you will be claiming back via paypal.

  • -6

    Typical Chinese business. They can run away with your money if you paid with AliPay but not with PayPal. Claim your money back through PayPal or your bank.

  • +1

    Lucky I didn't bite the bullet, knew this roboguy is trouble… New website, and everyone jump on it like brainless chicken.. Crazy!

    • +1

      Chickens are actually quite smart. Sadly many humans are not.

  • +6

    I think it's time we get robocop involved to deal with this roboguy.

  • +3

    There are a couple of provisions in the Australian Consumer Law that might help you out, if it does come to it. Honestly, i see no issue with PayPal giving you a refund, but the below might be handy reference material for the future:

    Section 36: Wrongly Accepting Payment:

    (4) A person who, in trade or commerce, accepts payment or other consideration for goods or services must supply all the goods or services:
    * (a) within the period specified by or on behalf of the person at or before the time the payment or other consideration was accepted; or
    * (b) if no period is specified at or before that time - within a reasonable time.
    Note: A pecuniary penalty may be imposed for a contravention of this subsection.

    (5) Subsection (4) does not apply if:
    * (a) the person’s failure to supply all the goods or services within the period, or within a reasonable time, was due to the act or omission of another person, or to some other cause beyond the person’s control; and
    * (b) the person took reasonable precautions and exercised due diligence to avoid the failure.

    (6) Subsection (4) does not apply if:
    * (a) the person offers to supply different goods or services as a replacement to the person (the customer) to whom the original supply was to be made; and
    * (b) the customer agrees to receive the different goods or services.

    Depending on how the delivery contract was construed and its relation to the goods, there is also a guarantee as to reasonable time for supply of services under section 62.

  • PayPal dispute also done and escalated it to PayPal straight away since correspondence with roboguy was futile

  • Glad I didn't buy from this guy now and got it from aliexpress…

  • +2

    Even if the supplier screwed him, and things are out of his control, he should inform his customers what's really happening, apologize and offer refunds.

    He loses money in short term but wins loyalty in long term.

  • +1

    You escalate this case to a dispute and let Paypal decide.

  • +3

    Also under our terms and conditions, we are not obligated to provide you with a refund.

    As they are operating under an Australian Business, they are obligated to provide you with a refund for unsatisfactory product or service.
    I would take this a step higher, simply because they stated this in the message indicating they wont be refunding you.

    • +8

      He's a complete cowboy. I've already included in my email to him that his terms & conditions cannot override consumer rights provided under the Australian Consumer Law and he didn't respond to it.

      I think he may realise that he's going to have to refund everyone but he's just trying to buy as much time as he can until the shipment arrives. This way he can sell them on ebay or somewhere else and have cashflow coming in while he's having to pay people back. In other words, he's being a complete scumbag and holding customers at ransom to his own benefit.

      I just can't believe the naive people who are still happy to wait. I just ordered another one from Gearbite and had it delivered in about 3 business days and had my new robot vacuum clean the entire house yesterday.

      I don't really care about the lead time with Paypal dispute since it's not like I need the $400 now. I just don't want to support this scummy seller. Paypal and credit card protection is the only reason I risked purchasing from this seller in the first place and I'm going to use it since it has gone belly up.

      • +1

        just imagine the after sales support too..best interest for seller to refund while its at paypal dispute. bank dispute can come with chargeback fees for him.

  • +5

    http://www.smh.com.au/business/consumer-affairs/dhruv-chopra…

    ….. More dodgy geezers, least ACCC have these charlatans on notice

    • +4

      Maybe Roboguy needs to have a read of that article and assess whether it's worth risking criminal conviction over it.

    • Though not identical, there are some scary similarities between that case and Roboguy… of course Roboguy doesn't see it that way.

    • Dhruv Chopra

      What do you expect…

      • I expect him to definitely not be a homeless guy in Sydney CBD, a bikie, a drug dealer or a methed-out junkie.

  • I have opened dispute with paypal see what happens now

  • Op, just in case you don't know. PayPal requires a pos, and not a pod. The seller may still win an inr based on this.

    • +1

      Care to elaborate what you mean?

      • Guessing - Proof of Shipment vs Proof of Delivery

      • You can find paypal's buyer and seller protection in their ua.
        https://www.paypal.com/au/webapps/mpp/ua/useragreement-full

        • +1

          Correct me if I'm wrong, but proof of shipment in this context would be proof that he sent the item to us, the end customers, not the proof of shipment from his supplier.
          In most cases, this would just be a tracking number, which Roboguy won't have since he hasn't sent out the vacuums to most people apart from a select few.

        • @djc926: yes, this. But also make sure it's not a fake pos, ie any valid tracking number to anywhere.

        • @OzzyOzbourne:

          It can't be to anywhere. It has to be the buyer's post code or area.

  • +1

    Thank profanity God I didn't order. I was about to. So I could have a back up for my current robot. I hope you get your refund soon OP

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