posted on June 14, 2001 04:58:17 AM
Please allow at least 30 days for completion of this investigation.
In the majority of cases we will not contact you before we allow adequate
time for the seller to respond to your complaint, currently 30 days.
Our investigation is done on a best effort basis and PayPal does not
guarantee funds recovery........................
thats the response i recv'd from paypal after filing a complaint about being ripped of by a seller. I am a verified member as well as the con artist. i thought i was protected because i was a verified member dealing with the same. now pp says in th3e last line of their email recovery is not guaranteed....WHAT???? i thought thats one odf the reasons to be verified so you have some protection...........
paypaldamon if you are out there whats the beef with this auto email i recv'd when i filed a complaint...........THANKS
posted on June 14, 2001 07:12:12 AM
Welcome to the world of Paypal "protection"
Paypal's terms state that the buyer will only recover if the seller has funds in his Paypal account. What are the chances that a crook will leave funds in his account? And the 30 day waiting period gives him plenty of time to cash out. Did you use a credit card? Decide now if you want to do a charge back. Of course, YOUR paypal account will be restricted if you do.
The seller has to have a chance to supply the information from our Seller Protection Program. The period, per the terms of use, for the Buyer Complaint Process is 30 days.
The Buyer Complaint Process does not guarantee recovery of funds, but it does offer more protection than many of the other payment services. Your charge back rights are still intact; but we do ask that we be given the chance at recovery before doing so.
posted on June 14, 2001 01:44:02 PM
The purpose of verification is not buyer protection. It is PayPal protection. Being verified simply means you have given PayPal electronic access to your checking account. Nothing more.
posted on June 14, 2001 02:08:02 PMDamon wrote: Your charge back rights are still intact
In other words, PayPal is saying is they can't stop you from charging back, but if you do, goodbye.
The TOS cryptically states that it does not "obviate" you from your rights under the Fair Credit Billing Act, but in the same document asserts the right to terminate you for using those rights.
This is what Damon refers to as "Your charge back rights are still intact"
Users that file one charge back are in little danger of having their account terminated or restricted. This is reserved for users that have multiple charge backs.
posted on June 14, 2001 02:31:36 PM
Hi retired2late,
Verification is an identification measure. User bank account information is not accessed without their permission and bank account access is covered under numerous federal regulations.
The Buyer Complaint Process, clearly on the web site, does mention the procedure and recovery process. The investigation period can take up to to 30 days and the party you are accusing is asked to supply documentation to refute your claim.
PayPal's Buyer Complaint Process helps protect PayPal members when a merchant does not deliver goods as promised. If you have been unable to resolve a dispute with a seller, you may file a Buyer Complaint Form (go to the Security Center link in the footer of any PayPal page) to initiate an investigation. PayPal will investigate your complaint and attempt to recover any funds you are owed. You will be entitled to the return of any funds PayPal is able to collect on your behalf. However, fund recovery is not guaranteed.
Additionally, buyers who qualify for eBay's insurance policy (currently limited to $200) may recover up to an additional $200 of protection from PayPal if their purchase was made from a verified PayPal seller.
Please review the Consumer Protections section of our Terms of Use to learn the specific terms and conditions of the Buyer Complaint Process.
User Agreement for PayPal™ Service
This Agreement applies to your use of PayPal's™ payment service and any related products and services (collectively the "Service". This Agreement affects your rights and you should read it carefully.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users". Unless otherwise stated, "PayPal" will refer collectively to PayPal, PayPal Corporation and their respective parent or subsidiary companies, affiliates, officers, employees and agents.
By checking the consent box on the account signup page, you represent that you understand and accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on June 8, 2001.
I. User Responsibilities
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No Multiple Accounts. Should you register for more than one Personal Account, PayPal reserves the right to terminate all of your accounts and will restrict you from the system going forward. Users may register and hold one Personal Account and either one Premier or one Business Account.
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Withdrawals.
(U.S. Users) Once a User has confirmed an email address and registered a bank account or credit card, a User may elect to withdraw all or part of the balance of his or her account by direct deposit into the User's bank account or by physical check. PayPal limits the number of mailed checks per account to one per day. To cover the cost of processing checks, PayPal charges $1.50 per check withdrawal. Check withdrawals are not sent to P.O. Box addresses. In addition to our policy of not sending check withdrawals to P.O. Box addresses, check withdrawals are only sent to users’ credit card billing address, unless the user is Verified, in which case the user may choose any street address. If a user would like a check withdrawal to an address not accepted as approved on the website, the user may email customer service at [email protected] and produce appropriate documentation before a check will be sent to the requested address.
International Users: International accounts may only accept payments after they have added a bank account ( US or Local if in France, Germany, Canada and the United Kingdom).
All International members who register their U.S. bank acount with PayPal may withdraw funds from their PayPal balance to their bank account. International users in Canada, France, Germany, and the United Kingdom may register their local bank accounts with PayPal and may then withdraw funds from their PayPal accounts into their local bank accounts. Users in France, Germany, and the United Kingdom may only withdraw funds from their PayPal accounts into their local bank accounts after confirming a credit card.
Sending Limits.
U.S. Users: Unverified users are limited to $1000 of spending until they confirm an email address and checking account. Unverified users of Web Accept or Instant Purchase are limited to $1000 of spending until they confirm an email address and checking account. There are no limits on how much Verified users can spend. This limit is subject to change.
International Users: International users will not be able to send money until they have confirmed a debit or credit card with their PayPal account. To become confirmed, an international user must confirm an email address and credit card. After becoming confirmed, International members may use their credit card to send money, depending on credit availability. These limits are subject to change.
Credit Card Receiving Limit. Personal Accounts are limited to receiving $100 per month of credit card payments. Payments funded from the sender's checking account or existing PayPal account balance will not count against the recipient's limit. Payments funded wholly or partially by a credit card are classified as credit card payments in the PayPal system.
Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe PayPal. When you receive a payment through the Service, unless you follow the steps necessary to qualify for our Seller Protection Policy described in Part IV of this User Agreement, you are not protected against a subsequent reversal of the transaction. In the event that the sender’s transaction is reversed for any reason and you do not qualify for the Seller Protection Policy for that transaction, you will owe PayPal for the amount of the reversed transaction plus any fees imposed on PayPal as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card charge-back by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized checking account. PayPal will seek to recover the funds from you by debiting your PayPal balance and, if there are not sufficient funds in your PayPal balance, PayPal reserves the right to collect your debt to PayPal by any other legal means. You authorize PayPal to charge your credit card or debit card in the amount of any debt to PayPal. You authorize PayPal to obtain a credit report on you in the event that you incur a debt to PayPal.
Confirmation of Credit and Debit Cards. PayPal requires all international users and some domestic users to complete an additional confirmation process before their credit and debit cards are available for use in their PayPal account. This process consists of a $1.00 charge to the User's card that is associated with a randomly generated, unique 4 digit PayPal Confirmation Number. PayPal provides a page in the User's account for the User to enter this number when it is received via the User's physical monthly card statement or via online access to the statement. PayPal strongly discourages users from calling their credit card companies in order to obtain PayPal Confirmation Numbers before receiving their monthly statement in the mail or online. If PayPal receives a complaint from Visa, MasterCard, or a card issuer regarding a User's calling their credit card company to obtain PayPal Confirmation Numbers, that User's PayPal account will be permanently closed.
Electronic Transfers. When you make a payment funded by Instant Transfer or eCheck, you are requesting an electronic transfer from your checking account. Upon your request, PayPal will make electronic transfers via the Automated Clearing House (ACH) system to and from your U.S. checking account in the amount you specify . You agree that such requests constitute authorization for such transfers. If you request an electronic transfer from your checking account, you also authorize PayPal to confirm your control of your checking account by making two small deposits to your checking account at PayPal's own expense. Your checking account and your PayPal account will be considered verified once you correctly enter the deposit amounts on the PayPal website. Support for international checking accounts is coming soon.
PayPal will never make electronic transfers from your checking account without your explicit permission. Furthermore, PayPal provides you protection against unauthorized withdrawals from your checking account under the terms of Article III below.
You may be charged a service fee for any ACH transactions that result in a returned ACH, such as but not limited to those caused by insufficient funds, closure of you bank account, or if the bank account number or other information you provided is incorrect. Currently, International users are charged $20USD per returned ACH.
No Cash Advances. You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone by charging a credit card, then receiving the funds back from the original Recipient and attempting to withdraw the funds from an account. PayPal reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing PayPal with a correct and operational e-mail address. PayPal will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify PayPal of any change in your e-mail or postal mailing address.
No Surcharges. Under Visa and MasterCard regulations and the laws of several states, including California, merchants may not charge a fee to the buyer for accepting credit card payments (often called a "surcharge". You agree that you will not impose a surcharge or any other fee for accepting PayPal as payment. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through PayPal may not be higher than the handling fee for transactions paid through other payment methods).
Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications", may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the PayPal website and/or delivered to your e-mail address. You will print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. PayPal reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying PayPal of your decision to do so, by sending an email message to [email protected] or by telephoning customer service. If you revoke your consent to receive Communications electronically, PayPal may terminate your right to use the Service.
No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has used unsolicited email to gain referrals. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
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Handheld Devices. In the event of the loss or malfunction of your handheld device, payments made since your last connection to the PayPal server may be lost, and PayPal Corp. disclaims all liability for such loss.
Not a Bank. You acknowledge that (i) the Service is not a banking service (ii) Service accounts are not insured by any government agency of any nation, (iii) the Service is not subject to banking regulations and (iv) PayPal will invest in liquid assets and that interest earned on those assets will be the property of PayPal.
Escheat. If you do not access your account for a period of five years, it will be terminated. After the date of termination, you will have 90 days to redeem your account balance, after which it will be subject to applicable state laws regarding escheat of unclaimed property.
Passwords. You may not divulge your account password(s) to anyone else, nor may you use anyone else's password. PayPal is not responsible for losses incurred by Users as the result of their misuse of passwords.
Close Account. You may close your account at any time, provided all applicable fees for services and account management have been paid in full. Upon closure of an account, any monies remaining in the account, less any applicable fees, will be immediately and automatically paid in full. You will remain liable for all obligations related to the account even after such account is closed.
Hacking. If you use, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of PayPal. PayPal reserves the right to transfer any right or obligation under this Agreement without your consent.
Indemnification. You agree to indemnify and hold PayPal, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
Choice of Law. This Agreement is governed by the laws of the state of California, U.S.A as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Palo Alto, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or PayPal may seek any interim or preliminary relief from a court of competent jurisdiction in Palo Alto, California necessary to protect the rights or property of you or PayPal Corp. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
II. Rights and Disclaimers of PayPal
Processing. PayPal shall make reasonable efforts to ensure that requests for electronic debits and credits involving checking accounts, credit or debit cards, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Miscellaneous Disclaimers.
(a) PayPal reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
(b) PayPal shall not be responsible for payments made to unintended Recipients due to the input of incorrect information by Senders or for payments made in incorrect amounts. PayPal shall not be responsible for the verification of the identity of Users.
(c) PayPal shall not be responsible for any information lost due to malfunction or loss of a handheld device.
(d) PayPal shall not be obligated to pay a User for any Payments for which PayPal has not been fully paid by the Sender's credit card issuer.
(e) PayPal will not have any liability in connection with any unauthorized interception or use of data relating to you or the PayPal service; any inability to use or access the service or the PayPal website for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which PayPal Corp. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
(f) In no event shall PayPal be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use business service or the PayPal website or any of the associated services, even if PayPal Corp. has been advised of the possibility of such damages. In no event shall PayPal Corp. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
(g) PayPal reserves the right to require users operating with high chargeback rates or otherwise presenting a relatively high risk of losses to choose between closure of their PayPal account or entering into an additional agreement addressing such risks, which may include higher fees.
Restrictions. PayPal, at its sole discretion, reserves the right to restrict an account for any one of the events listed below.
Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank
Reports of unauthorized or unusual checking account use associated with the account
Complaints received regarding non-shipment of merchandise, merchandise not as described, or problems with merchandise shipped
Initiation of a chargeback process through your issuing bank
Receipt of potentially fraudulent funds
Unconfirmed identity
Initiation of transactions considered to be cash advances or assisting in cash advances
Sending unsolicited, commercial email or posting referral links on websites where they are not permitted
Opening multiple Personal accounts
The account has been used in or to facilitate fraudulent activity
Inability of United States Postal Service to deliver the street address confirmation letter to the address associated with the account
Reports of someone other than the intended recipient receiving the Street Address Confirmation letter in the mail
Name on the checking account associated with the PayPal account does not match the name on the PayPal account
Insufficient funds in the PayPal account to cover the return of an Electronic Funds Transfer for insufficient funds in the checking account, incorrect bank routing number, or incorrect checking account number
Insufficient funds in the PayPal account to cover the return of a check sent in for deposit.
Use of an anonymizing proxy.
Termination. PayPal, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to Service without notice for any reason and at any time.
Trademarks. PayPal.com, PAYPAL and all related logos, products and services described in this website are either trademarks or registered trademarks of PayPal Corporation, or their licensors, and (aside from "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of PayPal. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PayPal.
Use of Logos. Notwithstanding the above, HTML logos provided by PayPal through its Affiliate Program, Web Accept feature, or Auctions Tools features ("Logos", may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to PayPal or the PayPal service. Logos may not be displayed in any manner that implies sponsorship or endorsement by PayPal. PayPal is a payment service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
III. Customer Liability and Error Resolution
It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Notifying us quickly limits your liability:
a) If you notify us within two business days after you learn that your password or other means to access your account may have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person uses your password or other means to access your account without your permission to initiate a transaction. If you do not notify us within two business days, and we can prove that we could have stopped someone from using your password or other means to access your account without your permission if you had told us, you could be liable for as much as $500.00.
b) We will periodically email you a notice to inspect your transaction history online. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after receiving notice, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
c) In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify PayPal through application messaging or e-mail. You must: 1) Tell us your name and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us by telephone, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
IV. Consumer Protection Programs
In general. PayPal's consumer protection programs, consisting of a Buyer Complaint Policy and a Seller Protection Policy as defined below, are designed to help buyers recover from sellers who do not ship the promised goods, and to reduce the risk of chargebacks for sellers who follow specified risk-reduction procedures. The Seller Protection Policy is also designed in part to reduce fraud by encouraging users of the PayPal service to become Verified. A Verified User is a registered user of the Service who has completed a confirmation process indicating that they truly do control the bank account that is linked to their PayPal account and maintain that link. Verification, in conjunction with our other proprietary authentication methods, lowers our company's financial risk and allows us to provide the consumer protection policies listed below.
Buyer Complaint Policy
i. General. If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, you should then file a Buyer Complaint Form with PayPal as soon as possible. The Buyer Complaint Form may be found by going to the "Security Center" link in the footer of any PayPal page.
PayPal will investigate your claim, contact the seller and, if the seller does not present appropriate proof of shipment, a full refund or other evidence of a satisfactory resolution, PayPal will seek to collect the amount you paid from the seller. PayPal may also restrict the seller's PayPal account. You and other buyers who file claims against the same seller will be entitled to the return of any and all funds PayPal is able to collect from the seller, on a first-come, first-served basis for funds received by PayPal prior to the restriction of the seller's account. Recovery of your claim is not guaranteed.
Complaints must be filed no later than 30 days from the date of payment. PayPal will seek to resolve the complaint within 30 days from the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation.
ii. Additional Protection for eBay Auctions. For purchases made on eBay using PayPal, PayPal offers domestic users an additional layer of protection if you pay a Verified seller but do not receive your goods. Note that this additional protection is not available for international users. If PayPal is unable to recover funds on an approved dispute through our investigation, you may file a claim under eBay's Insurance Claims process (an "eBay Claim". If your eBay Claim is granted but does not cover the full amount of your loss, PayPal will reimburse you for up to $200 of such additional losses, whether or not PayPal is able to recover such funds from the seller.
In order to receive this additional protection, you must file a Buyer Complaint Form with PayPal within 30 days after the eBay transaction and follow the same process as stated in (i) above. After the PayPal investigation is completed, if all your funds are not recovered, you are eligible for this additional protection. You may file your eBay Claim at any time, but eBay is likely to require you to obtain a determination from PayPal before they will process your claim. If and when your eBay claim is granted, you must contact PayPal customer service within 30 days after the grant date. You will have to provide a copy of the eBay Claim that you filed and satisfactory evidence that your eBay Claim was granted, so you should retain a copy of these documents. PayPal may also require additional documentation for proof of your identity. PayPal will reimburse you for your additional losses not covered by the eBay claim, up to $200, within 30 days from the date you provide evidence that your eBay Claim was granted, though such time frame may be extended if necessary to ensure the accuracy of the claim.
This Additional Protection does not apply to disputes about the quality or attributes of delivered goods, goods that have been lost in the mail as shown by seller's presentation of proof of shipment, payments for services, payments to Unverified sellers, or a seller's failure to deliver intangible goods. In order to be eligible for the eBay Additional Protection, you must have paid for the undelivered goods with a single payment from a single PayPal account. The seller's Verification status will be displayed to you on the PayPal website when you confirm the details of your transaction, giving you the opportunity to cancel the transaction prior to sending payment if you do not want to pay an Unverified seller.
posted on June 14, 2001 05:56:26 PMUsers that file one charge back are in little danger of having their account terminated or restricted. This is reserved for users that have multiple charge backs.
That is not in your TOU.
In one thread, you claim an answer from PayPal is irrelevent, only the TOU is applicable.
Then in another, you tell people termination is only reserved for multiple charge backs, even though that is not at all what is indicated in your TOU.
. This Agreement affects your rights and you should read it carefully.