Consumer rights - partially cancelled orders

Hellfire on 01/12/2017 - 13:20
Last edited 01/12/2017 - 14:11

I recently purchased goods from an Australian seller using PayPal. It was about $100 plus $14.95 in shipping. It comprised of 1x $80 item and 3x $6.95 items.

The seller emailed to say that the $80 item was out of stock and they were unable to supply it at all. They were refunding the money for the item and the rest would be sent as normal. I emailed back immediately to say cancel the rest of the order. It didn't make sense to pay almost as much for shipping than the other items cost. I can source them locally for much cheaper. Got the usual no-reply, not a monitored email address straight back. The only other method of contacting the company was via a web form on their website from the account area. I filled this in and requested they cancel the order within 2 hours of receiving the initial email.

2 1/2 days later I get a reply saying that it's too late to cancel as it's already been shipped. I then get a shipping confirmation email not long after.

I reply back immediately informing them to cancel the order including shipping fees and I'll reject delivery. They reply back saying sorry they can't do that and cite their T&Cs that basically state they can do whatever they want.

I've tried to find something on Fair Trading or ACL that explains consumer rights in this instance but can't.

Does anyone know if I have any rights to a full refund?

Edit: Paypal has advised that they can't help as the seller has refunded the item.

General Discussion

Comments

  • ChrisLevo on 01/12/2017 - 13:28
    +1

    What did PayPal say when you asked them?

    • Hellfire on 01/12/2017 - 13:35

      I haven't contacted them yet. Do you think they cover this situation?

      • Scab on 01/12/2017 - 13:59
        +1

        Yes, goods not as described.

        Contact PayPal.

        • Hellfire on 01/12/2017 - 14:10

          PayPal has advised that since the seller has already refunded the item then I won't be eligible for a good not as described claim when it arrives.

        • Scab on 01/12/2017 - 14:13
          +2

          @Hellfire:

          That's bullshit, call them and speak to someone and if you did, call them again.

          The seller hasn't provided what you ordered so a PayPal claim should still be valid.

          Or if your account is funded by a debit/credit card, wait until you receive the item and then do a chargeback.

  • myusername on 01/12/2017 - 13:45
    +3

    go through paypal not ozbargain

    if someone robs my house,

    do i make a post here first?

    or

    call the cops?

    • Hellfire on 01/12/2017 - 13:49
      -1

      Not helpful.

      Many people would try to gain as much information as possible before going to the police. That might involved asking for advice on Ozbargain.

    • chumlee on 01/12/2017 - 13:56
      +1

      These days probably instagram it first, then ozbargain then facebook the cops about it

      • Scab on 01/12/2017 - 13:59
        +3

        Then bikies.

        • Hellfire on 01/12/2017 - 14:06
          +1

          Called bikies already but they are too busy chasing down people who leave useless replies.

          Edit: on the phone with paypal so will update soon

    • BertieBrown on 01/12/2017 - 18:31

      When our place was burglarised one of the first things I did was call my Grandpa. I knew nobody was still in the house, which is I think anybody's first concern, but I was freaked out and didn't know what to do. Normally when I'm stuck like that I'll ring family and ask for help. My Grandpa said call the police, but sometimes hearing a friendly supportive voice is what you need in those situations; the police where very professional and told me to wait for patrol and then CSI but I guess they didn't get rid of the butterflies as much as ringing my Grandpa did at the time.

      I get what you mean, but sometimes you just want to reach out and get some advice when you're in a shitty situation like that.

  • Ocker on 01/12/2017 - 14:24

    Lodge a complaint via Ebay for Item not as described.
    Ebay will rule in your favour and make the seller refund the cost of the item, plus the return postage.

    • Hellfire on 01/12/2017 - 15:08

      Not ebay

  • JCrown9 on 01/12/2017 - 14:34

    Paypal have free return postage anyways.
    just return the items, and lodge a claim. you will get your postage back.

    just follow the instructions carefully.

    • Hellfire on 01/12/2017 - 15:11

      I still lose my original shipping though 😕

  • apple2016 on 01/12/2017 - 15:19

    They reply back saying sorry they can't do that and cite their T&Cs that basically state they can do whatever they want.

    You should be able to do a charge back if you have used CC.
    If its an Australian business you can lodge a complaint with ACCC.

    • tomsco on 01/12/2017 - 15:30
      +1

      I doubt ACCC would look into a case this small. Would probably be better starting at the relevant state's Fair Trading dept.

  • whooah1979 on 01/12/2017 - 18:36

    Could you please link the retailer's t&c?

  • Hellfire on 30/01/2018 - 16:36

    The outcome for anyone interested.

    I raised an item not as described claim with PayPal despite what I was told on the phone because you guys seemed so confident. After a lot of waiting, I got a response from PayPal.

    "We're happy to let you know that we've now completed our review and have decided CASE PP-XXX-XXX in your favour. Due to the unique circumstances of this case, we're issuing you a goodwill refund at no cost to the seller. You'll receive a refund of $XX.XX AUD."

    So I'm still not exactly sure what their policy is but I got my money back.

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