
CRYSTAL of Olive Branch, MS on May 4, 2009
In December of 2008, I sold some home use software I bought directly from Microsoft. The listing I had specifically stated that it was HOME USE ONLY, it said that on the pictures in the listing, and the customer that ultimately bought the software asked for pictures before he bought it. I sent those, which, again, had HOME USE ONLY clearly stamped in large, black ink on the front of the package. The pictures were taken with a high quality digital Nikon and were crisp and clear.
Several weeks after buying the software, the customer emailed me and told me that he wanted commercial software and to please refund his money. As it was Christmas, the money had been used to buy for my three children. I explained to him that my listing was very clear and that, although I couldn't refund his money, he could certainly turn around and resell the software for profit or to recoup his loss. He became angry and demanded a refund, saying that I had no right to sell that kind of software on Ebay. I responded with Ebay's policies in the body of my email, empathized with the fact that he didn't pay attention to what it was he was buying and again explained to him that our transaction was legitimate and finalized.
He filed a complaint with Paypal who then requested supporting docs from me. I sent them everything I had, including emails between the buyer and I where he clearly admitted his mistake and they also had the listing showing that I very clearly noted the software was HOME USE ONLY. I don't even know how commercial software works! After a couple of weeks, Paypal ruled in his favor, much to my surprise, and generated a refund back to him which left my Paypal account almost $800 in arrears. I immediately called and was informed by a Paypal rep that they (PP) never rule in favor of the seller, always the buyer, and not to worry about it because they couldn't access my bank account.
I received my software back from the buyer, opened and therefore useless. Paypal consistently asked me to pay them the $800 they had given back to the buyer and I refused. A short time later, I started receiving calls from a collection company and after being harrassed for days (including calling my work), I filed a cease and desist with the company. I sent numerous emails to Paypal asking them to explain to me how my item was SIGNIFICANTLY NOT AS DESCRIBED or SNAD (per their website) and they have never responded to me with anything but, "We ruled against you, now pay us". In order for an item to be SNAD, one of the following has to apply:
What is Significantly Not as Described (SNAD)?
An item is Significantly Not as Described if it is materially different than what the seller described in the item listing. Here are some examples:
You received a completely different item. Example: You purchased a book and received a DVD or an empty box.
The condition of the item was misrepresented. Example: The listing said "new" and the item was used.
The item was advertised as authentic but is not authentic.
The item is missing major parts or features which were not disclosed in the listing.
You purchased three items from a seller but only received two.
The item was damaged during shipment.
An item is not Significantly Not as Described if it is materially similar to the sellers item listing description. Here are some examples:
The defect in the item was correctly described by the seller.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was listed as used condition.
What the customer did was listed perfectly under their definition of NOT SIGNIFICANTLY NOT AS DESCRIBED. My item was listed and described accurately but the buyer paid no attention since he buys in bulk and purchases hundreds of listings a day (he is a re-seller). When he realized his mistake and didn't want it, he fell into Paypal's own definition of NOT SNAD! However, Paypal refuses to work with me, advise me how they determined my listing to be SNAD, or give me details of the decision that they made. I am being kept in the dark, have collection processing pending against me (and my credit is flawless. It took me years to build my FICO score to where it is today!), not to mention the stress and anxiety this has caused. I was also told that I should have appealed their decision, but when I called Paypal after they made their initial decision, the rep told me that the decision was final and there was no appeals process!