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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To try to return these sofas to their previous owner?

61 replies

BernardBlacksHangover · 22/02/2018 12:02

I had a thread on here yesterday about these second hand sofas, which we have now decided we don’t want.

In brief, we bought sofas second hand and paid by PayPal. The advert said “from a pet free, smoke free home”. Nearly new and purchased a year ago by the vendor, (we saw the receipt). They arrived at our house yesterday smelling a little bit smoky. Overnight it’s developed into a very strong stale cigarette smell.

We don’t want them at all now tbh and I’ll get rid of them one way or another, but Aibu to ask to return them because they stink of ciggies?

OP posts:
prh47bridge · 23/02/2018 09:32

Why is everyone assuming that the OP will get a refund? Like a previous poster said if OP paid via Paypal Gift she hasn't got a hope in hell of getting her money back unless the seller agrees

If the goods don't match the description she can take the seller to the small claims court. She may not be able to get her money back from Paypal but she can still get a full refund.

I was under the impression that if the item is collection only, then PayPal say it was your choice to check the item in person before transferring any money over

What PayPal say is irrelevant. The law is that the goods must match any description. If they don't the seller is liable.

Bluelady · 23/02/2018 09:41

But saying the sofas come from a smokefree home isn't a description of the item, it's describing its provenance.

TheGreatestSnowman · 23/02/2018 09:41

You can easily recall your money back through PayPal. That's the problem with PayPal. I wouldn't sell anything ever again using PayPal as I sold the item (which they came and picked up - so I needed postal proof if I were to try and get my money back or goods returned from buyer) and the money seemingly went through to me. Cue a couple months later I went and had a look and PayPal had taken the money back and didn't even have to tell me. I then tried to contact PayPal. Had no luck. Tried contacting the buyer, of course they didn't respond. I gave them hundreds of pounds of really good items for much less. There was no qualms with the product from what they said when they locked up, and I knew I sold a good deal (we moved and had no use for the local product) but they got their money back and kept my goods. Google it, and get your money back. I googled it to see how they could get away with it and it's a loop hole with PayPal. I'd never sell anything through PayPal again. So I'm sure it currently sits in your favour - if you act quickly (there's a time limit to call the money back) I think you can still get your money back.

TheGreatestSnowman · 23/02/2018 09:42

*Picked up not locked up

KittysMyName · 23/02/2018 09:47

I bought a coat on eBay that stunk of cigarettes even after washing. I contacted the seller who apologised and offered a refund. She hadn’t even advertised as from a Smoke Free home so I was lucky. I think you should just contact the seller and go from there. Good luck OP, I wouldn’t want third hand smoke around my children either, especially my new newborn.

prh47bridge · 23/02/2018 10:01

But saying the sofas come from a smokefree home isn't a description of the item, it's describing its provenance

I think the courts would see that as an implied description of the sofa since any potential buyer is clearly meant to take this as meaning the sofa will not stink of smoke.

missiondecision · 23/02/2018 10:24

Surely the aggravation of hiring a van again, at your cost, is a real hassle.
I’m sure eBay/PayPal state the item has to be delivered to the address on the account and and as such no comeback for collection.

missiondecision · 23/02/2018 10:25

By no comeback I mean the payment reversal.

NoKnownFather · 23/02/2018 10:48

TheGreatestSnowman that's exactly why I won't accept Paypal for stuff I sell, it's too easy to be scammed...not saying that is the case with the current OP, but in their case I would be contacting PP.

FranticallyPeaceful · 23/02/2018 10:51

PayPal are really good with things like this but it can take upto a month - just go to dispute payment

WhoNoticedTheProblem · 23/02/2018 13:10

@BernardBlacksHangover

Did you hear back from them?

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