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2008-10-07
, 02:41
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Posts: 5,795 |
Thanked: 3,151 times |
Joined on Feb 2007
@ Agoura Hills Calif
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#42
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I think that Paypal legally has to do something about it. However, it might take a court to prove that.
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2008-10-07
, 02:45
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Posts: 5,795 |
Thanked: 3,151 times |
Joined on Feb 2007
@ Agoura Hills Calif
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#43
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"Any dispute relating in any way to your visit to focalprice.com or to products or services sold or distributed by focalprice or through focalprice.com amounts more than $5,000 shall be adjudicated in Hongkong court, and you consent to exclusive jurisdiction and venue in such courts."
Whatever that means for amounts under $5,000, it is certainly a warning sign.
Whatever that means for amounts under $5,000, it is certainly a warning sign.
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2008-10-11
, 01:59
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Posts: 76 |
Thanked: 15 times |
Joined on Feb 2008
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#44
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Originally Posted by geneven
I would not be quick to end the fight after reading garbage like that. You have not consented to anything other than a contract to purchase goods when you initiated a transaction with this online seller. They have purposefully availed themselves to U.S. jurisdiction by accepting business from a U.S. buyer. You have a right to take action with Paypal for allowing fraudulent transaction to go unchecked after you reported it to them as well as seek a refund from this seller. A judge can issue a judgment or court order demanding payment if you decide to bring a claim against them (Paypal). If paypal should decide to take action against focalprice, that is their problem after your case is settled.
"Any dispute relating in any way to your visit to focalprice.com or to products or services sold or distributed by focalprice or through focalprice.com amounts more than $5,000 shall be adjudicated in Hongkong court, and you consent to exclusive jurisdiction and venue in such courts."
Whatever that means for amounts under $5,000, it is certainly a warning sign.
If you are in the U.S., contact your local county courthouse for instructions on filing a small claim. If and when Paypal contacts you to settle, make sure you request satisfaction in the amount of treble (3 times the total value) damages since this is a case of fraud. This is just my opinion and should not be construed as professional advice.
On a more personal note, I find it hilarious that they would insert some of that language on their website. Even at $5,000, it is unreasonable for anyone to expect to dispute a claim in a foreign court, especially Hong Kong. Much easier to have a court freeze their assets in U.S. banks to get your money back.
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2008-10-11
, 02:08
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Posts: 76 |
Thanked: 15 times |
Joined on Feb 2008
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#45
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Originally Posted by nhanquy
Contact Paypal again to see if you can still resolve this before seeking further action. It would be wise to speak to them over the phone if possible.
I used paypal and tried to dispute over it. But because I received the good, paypal would not do anything about it. The seller from HK never responded.
The card acts like an 8G but files will be corrupted.
Make sure they understand that you did not, in fact, receive the goods you ordered. You ordered a Kingston 8gb memory card, and what you received was a fake knock off. You would gladly return the defective product (at seller's expense) but you have been unable to reach them to resolve the situation. Since you made the purchase through Paypal, you are disputing the merchandise you were sent and would like a full refund now.
If they cannot help you any further, get the name, id number, and some written reply (email or letter) stating your case and the resolution they reached. If they ask why, you can inform them it is for your records and so you can forward it to your attorney for review.
I know I would be interested in hearing Paypal's reasons for not only ignoring a valid complaint about a business partner using their services to conduct fraudulent activities, but also ignore state and federal laws against this type of blind acceptance.
Last edited by paps; 2008-10-11 at 02:18. Reason: spelling/grammar errors
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2008-10-11
, 08:35
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Posts: 4,030 |
Thanked: 1,633 times |
Joined on Jul 2007
@ nd usa
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#46
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Originally Posted by paps
I filed a claim case in small claim court 20 yrs ago and won, 3 X the disputed amount, without lawyer's help. Did it all by myself. I remember the filing fee was very small, like $27, the dispute was landlord refused to return security deposit after I moved out of an apartment. I went to pub lib, researched the topic, found the apt owner, took pics, sent registered mail to document attempt to settle dispute in 'good faith'....it is a full time job. It is something I would call sweet bitter victory. The bottom line, is the amount in dispute worth the effort or are you able to spend that amount of time? The most difficult part of this process....to find the court that has jurisdiction over the matter. My case almost got thrown out of court as the defense lawyer attempted to claim the district has NO jurisdiction over the owner.
...If you are in the U.S., contact your local county courthouse for instructions on filing a small claim. If and when Paypal contacts you to settle, make sure you request satisfaction in the amount of treble (3 times the total value) damages since this is a case of fraud. This is just my opinion and should not be construed as professional advice.
....
Bottomline, it is easier to say than done.
bun
__________________
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WorldTV99, WorldTV99forN900, more, VCURLs72, Shortcuts; complete backup; gvm software; 2007He; LiveTV;
DualBoot
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2008-10-11
, 10:30
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Posts: 145 |
Thanked: 18 times |
Joined on Aug 2008
@ Vancouver, BC
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#47
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I know for sure you can file a compliant with PayPal for receiving counterfeit merchandise (which is what you have received).
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2008-10-12
, 02:09
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Posts: 3,397 |
Thanked: 1,212 times |
Joined on Jul 2008
@ Netherlands
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#48
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Originally Posted by geneven
It means a dispute as high as over 5000 USD is taking trial in Hong Kong court. This is an advantage to them because they know Hong Kong law well and because they have less costs to make such as e.g. travelling. Hong Kong law is different from Chinese law btw.
"Any dispute relating in any way to your visit to focalprice.com or to products or services sold or distributed by focalprice or through focalprice.com amounts more than $5,000 shall be adjudicated in Hongkong court, and you consent to exclusive jurisdiction and venue in such courts."
Whatever that means for amounts under $5,000, it is certainly a warning sign.
In this case the buyer received the wrong product / not the one as advertized / counterfeit. I thought eBay was against counterfeits. In any case, PayPal should try to contact the seller and if they don't reply they should send you back your money.
This might be a reason why you might prefer to do business in your own jurisdiction, or in your own continent, rather than trying to be a cheap skate with possibility of getting burned.
I bought an adaptor from a Hong Kong store, knowing it wasn't the official one, but it exactly matched what I required. It also had a LED informing about the status of the battery capacity; something the original adaptor didn't have. This HK one worked, but after a few months when the thing was in the loader while the electronic device wasn't attached, it went broken. Because it only costed a few EUR it wasn't worth it to complain... which might be what they wish for. Learned my lesson... now I try to evade HK...
__________________
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2008-10-12
, 10:38
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Posts: 143 |
Thanked: 75 times |
Joined on Sep 2008
@ Abuja, Nigeria
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#49
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the story of the fake mini SD card is starting to get me worried . i ordered a SanDisk 8GB MicroSD Card (SDSDQ 8192MB) from amazon with the nokia N810 now am not so sure if this would work on the IT. or if its a fake 
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2008-10-12
, 18:10
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Posts: 76 |
Thanked: 15 times |
Joined on Feb 2008
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#50
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Originally Posted by bunanson
Landlord-Tenant disputes are timely ones, but like you said the value of your time must not outweigh the cost of pursuing the matter in civil court. Security deposits can be a range of a few hundred to a few thousand dollars, and in the case of a $35 memory card (even at 3 times it's only $100) you need to ask yourself if it is worth the hassle.
I filed a claim case in small claim court 20 yrs ago and won, 3 X the disputed amount, without lawyer's help. Did it all by myself. I remember the filing fee was very small, like $27, the dispute was landlord refused to return security deposit after I moved out of an apartment. I went to pub lib, researched the topic, found the apt owner, took pics, sent registered mail to document attempt to settle dispute in 'good faith'....it is a full time job. It is something I would call sweet bitter victory. The bottom line, is the amount in dispute worth the effort or are you able to spend that amount of time? The most difficult part of this process....to find the court that has jurisdiction over the matter. My case almost got thrown out of court as the defense lawyer attempted to claim the district has NO jurisdiction over the owner.
Bottomline, it is easier to say than done.
bun
To me, this type of action is not as much a time measurement, but really a cost one. Small claim courts are $20-$40 dollars for filing and postage fees. You have to travel and spend time in a courthouse. The total recovery for this particular situation is not worth most people's time, but I personally would not give up so quickly. Paypal is responsible in my opinion for the counterfeit transaction. They should not allow businesses to use their service for monetary gain at your expense. If they get enough of these lawsuits or complaints, then perhaps they will be more cautious about who can use their service.
All the paperwork I foresee someone needing here is a copy of the receipt, the fake product, and proof they tried to resolve it before coming to the court as a last resort. Not nearly as much effort as researching a landlord case is little more complicated.
I used paypal and tried to dispute over it. But because I received the good, paypal would not do anything about it. The seller from HK never responded.
The card acts like an 8G but files will be corrupted.