Warning about GearBest shipping and question: "Will PayPal give full refund if item clearly stolen during shipping?"

17
Found 19th Jul 2017
I purchased a OnePlus 3t mobile phone from GearBest and when it was delivered, what I received was an empty box with damage to the packaging.

It is clear that the phone was stolen at some point during the packaging/shipping process. Possibly even by one of GearBest's own employees at their warehouse!

They have only offered me a 50% refund, claiming that the shipping company is ultimately responsible for the missing item and that I ought to have purchased delivery insurance.

I believe it is the seller's responsibility to ensure the product is delivered to the customer, whether or not they have purchased insurance.

If GearBest feel that this is the shipping company's fault then it is still their responsibility to refund me and reclaim the money from the shipping company. After all, it is their choice to use that particular shipping company.

Fortunately I made the purchase with PayPal and am trying to get a full refund thanks to PayPal's Buyer Protection.

Has anyone on here had a similar experience of a product being stolen during delivery?
Does anyone know if PayPal should refund me the full amount?
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17 Comments
jo38

I believe it is the seller's responsibility to ensure the product is … I believe it is the seller's responsibility to ensure the product is delivered to the customer, whether or not they have purchased insurance.



In UK law yes, did you buy from the UK warehouse?

I am not a lawyer but if you bought from the Chinese warehouse of a Chinese company then I'd suspect it's Chinese law that applies. It has apparently been much strengthened in recent years but I don't know if it contains that particular term.
I wonder what they wrote on the customs form because I think that's what you can claim from the shipping company. I'd try PayPal I'm sure there is protection there
I keep thinking of trying Gearbest, then i see threads like this.
I do know Gearbest have a rep who is a member here, contact her and see what she says, hopefully you'll get the resolution you deserve, good luck op
You can't claim anything from the shipping company as their contract is with the sender not you.
Original Poster
gbpublishing

You can't claim anything from the shipping company as their contract is … You can't claim anything from the shipping company as their contract is with the sender not you.


Ah, OK. Thanks.
I guess I'll stand my ground and leave GearBest to try settling with the shipping company or wait for PayPal to see if they will resolve the dispute more favourably for me!
As above, UK law is the legislation and as the company aren't in the UK it isn't relevant.

As for Paypal, you should not open an INR (item not received) as you will lose if the company can provide tracking.

You may open a SNAD (significantly not as described) BUT (and it is a big but) you need to post the item back to the seller via an online trackable means - which will cost - and isn't refundable.

Paypal do a "we pay the returns postage" option but it only covers £15 per order. The likelihood for tracking for your "empty box" to fulfil Paypal Buyer Protection is 50/50. It needs to show delivery/attempted delivery.
Original Poster
windym

As above, UK law is the legislation and as the company aren't in the UK … As above, UK law is the legislation and as the company aren't in the UK it isn't relevant.



Does anyone know the exact situation for Chinese consumer law?

windym

The likelihood for tracking for your "empty box" to fulfil Paypal Buyer … The likelihood for tracking for your "empty box" to fulfil Paypal Buyer Protection is 50/50. It needs to show delivery/attempted delivery.



What do you mean by this? Are you suggesting that when I attempt to return the empty box I might not get any proof of attempted delivery even if I use a service such as Royal Mail's Tracked and/or Signed for delivery or a courier such as DPD?
I have had problems with gearbest in past seems they offer 50% if you don't take out there insurance I now always add that to cart for a few extra quid worth it get 100% back
windym

As above, UK law is the legislation and as the company aren't in the UK … As above, UK law is the legislation and as the company aren't in the UK it isn't relevant.

windym

The likelihood for tracking for your "empty box" to fulfil Paypal Buyer … The likelihood for tracking for your "empty box" to fulfil Paypal Buyer Protection is 50/50. It needs to show delivery/attempted delivery.


No, what I am saying is that you will have to show the tracked return, which may cost you a lot. I don't know what you've paid but the return may almost cost you as much. RM tracked and signed doesn't work in all countries. You don't want to pay £20 for a return (or more) and the tracking fails. Without knowing the details of the package it could cost you more with DPD. Don't forget some batteries are excluded from some carriers and some don;t insure mobile phones......
Original Poster
windym

No, what I am saying is that you will have to show the tracked return, … No, what I am saying is that you will have to show the tracked return, which may cost you a lot. I don't know what you've paid but the return may almost cost you as much. RM tracked and signed doesn't work in all countries. You don't want to pay £20 for a return (or more) and the tracking fails. Without knowing the details of the package it could cost you more with DPD. Don't forget some batteries are excluded from some carriers and some don;t insure mobile phones......



Thanks very much, you're being incredibly helpful here by the way!

I paid £318 for the phone. I'm being offered half of that back as a 50% refund. So we're talking a difference of £159 for sending the phone back rather than just accepting their 50% refund. I don't think a tracked courriered delivery will cost as much as £159, will it?!
Edited by: "jo38" 19th Jul 2017
I wouldn't have thought so. If you use this paypal.com/uk/…rns or google "paypal refunded returns" you should be able to get the £15 knocked off. Just make sure you use a reputable source that covers you should the item go missing or not track.

Best of luck.
Original Poster
windym

I wouldn't have thought so. If you use this … I wouldn't have thought so. If you use this https://www.paypal.com/uk/webapps/mpp/refunded-returns or google "paypal refunded returns" you should be able to get the £15 knocked off. Just make sure you use a reputable source that covers you should the item go missing or not track. Best of luck.



Thanks!
Don't bother posting the empty box back, it achieves nothing but wastes more of your time and money. Never bother, they most likely won't accept the parcel anyway, also sending an empty box is even more ridiculous, they'll just claim that you posted them an empty box.

Just do a paypal claim or failing that a charge back with your bank, this has happened multiple times recently.
I am glad to confirm this issue is finally well-solved.
For further assistance, please feel free to contact me here: Alice@gearbest.com
I just have the same situation, i ordered xiaomi mi5 from gearbest, today i received parcel by yodel courier. I opened it and inside was only empty box and manual Bag seems to have been ripped opened and re-taped. I think it had been stolen alone the way . I did paypal claim, hope i will receive my money back
@Andree.CH what happened with the paypal claim did you get your money back?

@jo38 did your problem really get solved by Alice?
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