Consumer complaint received 2020-09-21
Company: Paypal Holdings, Inc
State: NM
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
CFPB - XX/XX/2020 Complaint On XX/XX/2020, a Client of ours filed with PayPal ( PP ) for a {$410.00} refund ( PP Transaction ID XXXX, Case # XXXX ), which {$410.00} PP immediately removed from our PP account. The {$410.00} was a NON-REFUNDABLE down payment by the Client for a unique, customized handmade device we made for the Client thru our  company, XXXX XXXX XXXX XXXX XXXX ( XXXX ). We filed a dispute with PP, XX/XX/2020. PP states on its site that these types of disputes are normally resolved in 5 days. Now, 60 days have expired and PP still has not returned our money. 

When we filed our dispute with PP about this chargeback, we provided PP detailed contract information to prove that the Client was NOT entitled to any refund. However, PP assumes it can override contracts between buyer and seller just on any whim, regardless of what type of item was sold or the provisions of the contract. But we suspect that the real purpose for PP to take ultra-long periods to resolve complaints or to never resolve them is to float or outright steal the withheld money. To do that, we believe that PP engaged in fiduciary malpractice and third-party interference into a legally-binding contract. In short, clearly PP stole our money. 

XXXX XXXX XXXX, XXXX creates unique and customized electronic and mechanical devices, based on the specifications the Client specifies in our Customized Devices Application Form ( CDAF ) contract. Our customized devices are not available from any other source. The CDAF requires that the applicant Client fully and unconditionally agrees to the provisions of our XXXX webpage. These policies state the following, which PP nullified :. ( 1 ) The required 1/3rd down payment ( {$410.00} in our case, paid for thru PP ) is NON REFUNDABLE if we attempt to provide the Client a device. We completed and successfully tested our device, and the Client received our device, so therefore, the down payment is not refundable. On this alone, PP had no right to honor the Client 's complaint. 
. ( 2 ) Because our devices are unique and customized handmade by professionals in the U.S.A., they are much more costly for us to make than mass-produced devices using low-paid factory workers, AND our unique devices can not be resold if returned, is why we require on our XXXX webpage that if the Client finds a defect or omission that occurred at our end, the Client must provide us a reasonable opportunity to repair or replace the defect or omission. The Client did not take this required step. 
. ( 3 ) On our XXXX  webpage, the Client fully agrees to not reverse any charges without first giving us a fair chance to repair or replace the device. PP enabled the Client to also breach this contract provision. 
. ( 4 ) The device has not even been returned to us! Much less returned to us with the Return ID # we require for safety and security reasons to make sure that the package is one expected by us. PP claims that the Client provided PP a Tracking #, but in the U.S., one can reserve a Tracking # without actually physically shipping the package. 
. ( 5 ) Against our policies about not paying us thru PP ( because PP has serious security issues ), the Client paid the {$410.00} thru PP. We finally relented on accepting the PP payment, because the Client needed the device right away and we did not want to delay any longer, and because hassling Clients is seldom a good thing. 
. ( 6 ) We shipped her device in excellent working condition. We tested it here and it was fully functional. The Client is located in XXXX, and complained that her package was being held up in XXXX, which means that XXXX Customs likely manhandled the device. We ship FOB our shipping point ( one of our XXXX policies ), and are not responsible for damages and losses which occur enroute or at the Client 's end. 

If PP is permitted to arbitrarily, capriciously and for its own profit nullify business contracts, then how can businesses even have contracts with their Clients to begin with? This is a gross interference and disruption of businesses and an existential threat to the free enterprise system. There are vast differences in what businesses require to successfully function, make a profit, and provide their quality products and services to the public, so a one-size-fits-all PP refund policy can not possibly be fair and reasonable to all business types. And PP policies can change on a dime, without prior notice to or permission from PP users. PP policies may work fine for someone selling items that can be restocked and resold that lose little if a product is returned, but because our devices are all unique, custom made and costly, if refunded without reasonable justification and a chance to make good, is a large total loss to custom shops like us. Therefore, it is a very reasonable contract provision for us to require that the Client first give us a fair chance to repair or replace the device, which this Client did not do, before asking for any kind of a refund, and to require receipt of the returned item if a return later becomes justified. 

Regardless of what PP claims, PP has the fiduciary duty to us to responsibly, fairly, reasonably and timely handle transactions of ours thru PP. 

We complained to PP several times about both their unjustified ripping us off of {$410.00} from our PP account and the endless amount of time it was taking to resolve our case. PP refused to justify the former, or give us an end date for the latter. It is difficult and some times impossible to communicate with PP. 

XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX.

Company response to consumer: Closed with explanation