jfields026
Junior Member
What is the name of your state? CO
I bought a retail copy of Windows Vista upgrade from Best Buy and installed it on my computer. Later, I decided I didn't want it; I uninstalled it, and sold it on eBay. I contacted Microsoft beforehand to verify that I could legally sell it. In the description I stated that I had installed and uninstalled, and knowing that the new user may have problems activating, I stated that "I guarantee that it will activate". The item sold and two weeks later, while I'm on vacation, the buyer starts sending me emails saying that they are having problems activating. Because I'm out of town (Bahamas), I'm not checking my email. When I get back, I have a couple of nasty-grams with requests for a refund and even a dispute they filed with PayPal. They only waited a day before disputing with PayPal. I tried to resolve it and sent them emails detailing how they must activate. In order to activate, they needed to call Microsoft. They refused and kept asking for their money back. I told them that I would call Microsoft with them and help them activate. They still refused.
I escalated the dispute with PayPal so a representative would look at the case. I didn't wait too long, and I gave in before PayPal ruled and offered $60 of the $67 back. I was deducting the $7 for my losses in shipping and fees. There was a section where you could put notes to the buyer and I specified that they had to return the product in the condition that they received it. I thought everything was fine until I realized that they weren't going to return it. I called PayPal and they said that the buyer had to return it. PayPal kept closing the case stating that "As you and the buyer have agreed to and completed a partial refund, under our policy the buyer is not required to return the item". Those weren't my terms. I guess that is PayPal's policy for a partial refund, regardless of what percentage is returned. I never read that, you’d think that it would be something that you have to agree to by checking a box or something. It doesn't seem right to me. I kept calling PayPal and they kept closing the case. A couple of representatives told me to issue the rest of the refund and they would be required to return my disc. I did; no return. In fact, when I called PayPal, they said that the previous representative was wrong and the terms of the partial refund still apply, no return required. I tried to contact the buyer and they told me they were not going to return it but rather write it off as a bad deal.
Come to find out, they sold my disc on eBay to someone else, and the new buyer is having a hard time activating it, and now wants a refund. I want either my money or my disc back. They can't keep both. I've told them that I was going to sue them in small claims court. Can I? I think that there has to be some law regarding full refunds that overrides PayPal's policy. Thanks and sorry for the long post.
I bought a retail copy of Windows Vista upgrade from Best Buy and installed it on my computer. Later, I decided I didn't want it; I uninstalled it, and sold it on eBay. I contacted Microsoft beforehand to verify that I could legally sell it. In the description I stated that I had installed and uninstalled, and knowing that the new user may have problems activating, I stated that "I guarantee that it will activate". The item sold and two weeks later, while I'm on vacation, the buyer starts sending me emails saying that they are having problems activating. Because I'm out of town (Bahamas), I'm not checking my email. When I get back, I have a couple of nasty-grams with requests for a refund and even a dispute they filed with PayPal. They only waited a day before disputing with PayPal. I tried to resolve it and sent them emails detailing how they must activate. In order to activate, they needed to call Microsoft. They refused and kept asking for their money back. I told them that I would call Microsoft with them and help them activate. They still refused.
I escalated the dispute with PayPal so a representative would look at the case. I didn't wait too long, and I gave in before PayPal ruled and offered $60 of the $67 back. I was deducting the $7 for my losses in shipping and fees. There was a section where you could put notes to the buyer and I specified that they had to return the product in the condition that they received it. I thought everything was fine until I realized that they weren't going to return it. I called PayPal and they said that the buyer had to return it. PayPal kept closing the case stating that "As you and the buyer have agreed to and completed a partial refund, under our policy the buyer is not required to return the item". Those weren't my terms. I guess that is PayPal's policy for a partial refund, regardless of what percentage is returned. I never read that, you’d think that it would be something that you have to agree to by checking a box or something. It doesn't seem right to me. I kept calling PayPal and they kept closing the case. A couple of representatives told me to issue the rest of the refund and they would be required to return my disc. I did; no return. In fact, when I called PayPal, they said that the previous representative was wrong and the terms of the partial refund still apply, no return required. I tried to contact the buyer and they told me they were not going to return it but rather write it off as a bad deal.
Come to find out, they sold my disc on eBay to someone else, and the new buyer is having a hard time activating it, and now wants a refund. I want either my money or my disc back. They can't keep both. I've told them that I was going to sue them in small claims court. Can I? I think that there has to be some law regarding full refunds that overrides PayPal's policy. Thanks and sorry for the long post.