PayPal dispute in buyers favor for altered product

[jamadaia]

They have upheld and refunded the buyer for a product we sold, even though the buyer has admitted in the paypal case to altering the product. This is on top of the fact that we have a Terms of Sale that has be accepted by the buyer at time of purchase that clearly lays out. In event of change of mind or not as described, the buyer is not permitted to repair or alter the product without out prior consent (which they again are aware did not happen). We have tried appealing but paypal reject it and wont even address it.

Had a laptop sold which was with Windows 7 and an upgrade to Windows 10. Sadly the upgrade was missed out so it arrived to buyer as Windows 7. Buyer does not inform us or ask for a returns, but instead on there own decides to do a Windows 10 in place upgrade (which you are not meant to do officially anyway), and then proceeds to muck up the install rendering the audio and few things not working.
Opens a PayPal claim stating audio does not work and arrived as Windows 7.

Our Terms of Sales have to be accepted by the buyer at time of checkout, and these have been supplied paypal, and are also directly on our site.
These specify that in the event of the product arriving not-as-described for any reason, be it damaged or incomplete or different to what was ordered. The buyer is required to contact us and we will arrange for its return, and upon consequently do a full refund.
We also specify in conjunction that in such event, the buyer is not permitted to alter the item in any shape or form be it hardware or software without our prior consent.

The buyer in the Paypal case and our comm's as well, clearly admitted that they have of there own free will and thus without our prior consent altered the product, even though our Terms specifies that we do not consent to this, and also offer a full refund on returns if buyer complies with this (thereby leaving them in same position prior to purchase).
Not only this but the buyer did an in place upgrade without the legally required Microsoft Windows 10 key. Which further has the effect of invalidating the original Windows 7 license, rendering it now not possible to restore the laptop back to its original format.

All of this was supplied to PayPal, but still found in buyers favor did the refund and now has locked down the account and been pursuing me.
Am I in the wrong here ? Is there some kind of subtlety im missing like our Terms and Conditions are overridden by paypal legally or something ?
When we tried get an answer about this / how they concluded it they simply keep giving basic generic responses and/or cant discuss due to security reasons.

[Hank]

Did you get the laptop back? If so be happy with that.

IMO paypal haven't done anything too wrong, it goes with the territory with laptops because as soon as you switch it on and go online, do an update etc you have altered it.

I've always thought getting awkward over software/driver issues is a little foolish, if you dig your heels in too far you'll end up with a hardware 'fault' too. Is that what you want?

[agent006140]

Had a laptop sold which was with Windows 7 and an upgrade to Windows 10. Sadly the upgrade was missed out so it arrived to buyer as Windows 7.
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This is good enough reason for Paypal to side with your buyer.
For item not as described,the solution is always return the item so buyer gets his money back and seller resell the item.
If this is an Ebay transaction and buyer filed within 30 days,,Ebay will be more diligent in reviewing the case.
But it does not mean buyer if he loses,will not go to his cc issuer and file a chargeback,then you will lose and be slapped with $20 chargeback fee.

[agent006140]

All of this was supplied to PayPal, but still found in buyers favor did the refund and now has locked down the account and been pursuing me.
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is there enough money in your Paypal account to refund the buyer?
Did the buyer return the item and paid for return shipping?

[SaiJin]

Originally Posted by jamadaia

They have upheld and refunded the buyer for a product we sold, even though the buyer has admitted in the paypal case to altering the product. This is on top of the fact that we have a Terms of Sale that has be accepted by the buyer at time of purchase that clearly lays out. In event of change of mind or not as described, the buyer is not permitted to repair or alter the product without out prior consent (which they again are aware did not happen). We have tried appealing but paypal reject it and wont even address it.

Had a laptop sold which was with Windows 7 and an upgrade to Windows 10. Sadly the upgrade was missed out so it arrived to buyer as Windows 7. Buyer does not inform us or ask for a returns, but instead on there own decides to do a Windows 10 in place upgrade (which you are not meant to do officially anyway), and then proceeds to muck up the install rendering the audio and few things not working.
Opens a PayPal claim stating audio does not work and arrived as Windows 7.

Our Terms of Sales have to be accepted by the buyer at time of checkout, and these have been supplied paypal, and are also directly on our site.
These specify that in the event of the product arriving not-as-described for any reason, be it damaged or incomplete or different to what was ordered. The buyer is required to contact us and we will arrange for its return, and upon consequently do a full refund.
We also specify in conjunction that in such event, the buyer is not permitted to alter the item in any shape or form be it hardware or software without our prior consent.

The buyer in the Paypal case and our comm's as well, clearly admitted that they have of there own free will and thus without our prior consent altered the product, even though our Terms specifies that we do not consent to this, and also offer a full refund on returns if buyer complies with this (thereby leaving them in same position prior to purchase).
Not only this but the buyer did an in place upgrade without the legally required Microsoft Windows 10 key. Which further has the effect of invalidating the original Windows 7 license, rendering it now not possible to restore the laptop back to its original format.

All of this was supplied to PayPal, but still found in buyers favor did the refund and now has locked down the account and been pursuing me.
Am I in the wrong here ? Is there some kind of subtlety im missing like our Terms and Conditions are overridden by paypal legally or something ?
When we tried get an answer about this / how they concluded it they simply keep giving basic generic responses and/or cant discuss due to security reasons.

Did you receive the laptop back at all?
If so then you can fix the laptop and resell.

About paypal itself, it's a little tough but doing business on their platform means that buyers get to have all the favors on their side.

THat's the risk unfortunately.

[Pandoras_box]

I never sell what I cannot afford to lose, and I wouldn't engage in a needless fight with customers on PayPal as the system is mostly tilted in their favour.
I'm not sure how long you've been using PayPal, but I would have accepted a return and just reinstalled & resold the machine.

You may have stood your ground but at what price?