I bought a vintage jumper on Depop and when it arrived I discovered it had a hole under one arm which wasn’t mentioned in the listing. Depop’s buyer protection policy states: “If your item doesn’t arrive or is significantly not as described, you’ll get a full refund.”
But because I paid with PayPal, I had to file a PayPal claim, which was refused because PayPal’s Buyer Protection “does not cover quality and/or expectation”, according to my correspondence with a PayPal customer service representative.
I’m confused. If the platform says I’m eligible for a refund but the payment provider says I’m not, who’s right? – Nadia in Victoria
Kat says: First, this is very poor etiquette by the Depop seller. Shopping second-hand from private sellers is a great way to support a circular economy and sustainable fashion. But it can be difficult to navigate consumer protections, and even harder to weed out dishonest buyers and sellers.
As best practice, I tend to ask as many questions as possible before buying. While you might not always get a reliable answer, in my experience, nine times out of 10 you will find out information that wasn’t included in the original listing. Often this isn’t malicious – most personal sellers are in a rush, which means they’ve overlooked details buyers might see as important. Someone selling their handbag for extra cash generally won’t have the same level of diligence about product descriptions and disclosures, or the same knowledge of Australian consumer law, as a large retailer.
Second, Depop and PayPal do have conflicting terms and conditions, which is confusing.
You’re right that Depop has a buyer protection policy that should entitle you to a full refund if your item is significantly not as described. In your case, a hole that wasn’t mentioned in the listing should qualify. Unfortunately, there is a disclaimer which requires that “you pay for your item inside the Depop app”. The Depop buyer protection policy states: “We can’t protect you if your purchase was made online but outside of Depop, or in person.”
Since 2021 Depop has had its own payment platform, Depop Payments, which is how you pay “inside the app”. Depop Payments allows buyers to pay using various methods including Apple Pay, Google Pay or credit card.
Here’s where it gets confusing: you can also pay through Depop Payments using PayPal, or you can choose to pay directly through PayPal.
If you opted for the former, under Depop’s buyer protection policy you are entitled to a full refund if your item doesn’t arrive or isn’t as described, if you report the issue to Depop within 180 days from the date of purchase. But if you paid directly through PayPal, then PayPal’s buyer protection policy takes precedence over Depop’s.
Reading over the PayPal buyer protection policy, I am not sure why your claim was refused. The policy “entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any”. This is completely at PayPal’s discretion but, under the policy, you should be protected if an item doesn’t arrive, or “You received an item, but the item isn’t what you ordered (referred to as a ‘Significantly Not as Described’ claim).” An item is considered significantly not as described when it is “materially different from the seller’s description”. You have 180 days from the date of the transaction to file a dispute with PayPal, and the claim has to be under $20,000. (My assumption is you didn’t spend more than that on a secondhand jumper!).
The policy also covers secondhand goods, with certain conditions – including that the item must be shipped by the seller to you, and not picked up in person.
So, as a next step, you should dispute the outcome with PayPal. Their policy states: “If you are not satisfied with our determination, you may be able to appeal our original decision with us if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.”
In your case, you should quote PayPal’s policy in relation to items that are “significantly not as described”, and provide evidence (for instance a screenshot of the original description of the item, and a photo of how the item looked when it was received).
If that does not get you a refund, you can escalate it to a third party. PayPal is a member of the Australian Financial Complaints Authority, an independent external dispute resolution scheme, so if you’re not happy with how PayPal has treated your dispute, you can make a complaint directly to Afca on its website or by calling 1800 931 678.
Afca will follow up the complaint on your behalf. Given that PayPal’s own policy seems to be at odds with what their customer service representative communicated to you, it’s likely that you’ll have a strong case for Afca to take your case forward.
As a last resort, Choice suggests contacting your bank or credit card provider to initiate a chargeback, which you have to do within 120 days of the transaction. You’ll need to provide all the evidence – including screenshots of the description, a photo of the item, payment and delivery receipts – and anything else your financial institution asks for. Chargebacks can be granted for faulty goods but it will be up toyour financial institution as to whether or not it thinks you are eligible.
Update: After her claim was refused, Nadia went back to Depop customer service and told them what had happened. They asked her to provide screenshots from her correspondence with PayPal, and then agreed to refund her purchase.
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