I am having a bad experience with a customer who is trying to rip me off. As a seller, is winning a paypal dispute/claim absolutely imossible?

My customer claims to PayPal, when opening the dispute, he never received the layout. To me he has admitted to receiving it, and also that it ended up in his spam box. Yet, as he is not satisfied with the layout I created, he wants his money back. I already re-did his layout twice, but he isn't happy with anything I create. I know I sent the layouts, I know he told me he received them, so in my eyes I did nothing wrong. I do not want to lose my money as it'd mean I've lost money, time and the goods. I am willing to make the person a new layout, because I highly doubt I will win the dispute. What are my options?

• Questions:
  How long after the transaction can the buyer open a dispute and claim her/his money back? A week, a month?
• How does it work when there are intangible goods (services, layouts, for example) involved? How can I prove that the customer has received the layout?
• I am a verified member. Does it help me?
• Can I check if the buyer is a verified member?
  Can other people see my previous disputes?
  How can I find out if a buyer is serious? Can I see if the buyer has opened many previous disputes and claims?

Background info (if interested)
The person is trying to rip me off by requesting several layouts for the price of one. The person says he isn't happy with what I've created, in order to receive a new design. I've already created three different designs, which can now be trashed as the person wants me to create a fourth one. I've been ripped off this way before and I do not want to let it happen again. Also another designer told me of this person's history and he is apparently known for behaving like this and has gotten away with it before. When the person has received a number of layouts, he claims his money back through paypal, thus he has earned several layouts and saved his money. The designer has lost the money, time and effort.

How should I deal with this issue? I already sent the person two-three designs, and if I lose the dispute I will stand without payment. I can't believe I spent 30 hours on something I am not going to get payed for.

How did you send the layouts? I know its probably a case of "after the horse has bolted" but its might be a good idea to send a screenshot of the layout if it has to be sent for approval. That way, they cant use much of it (unless they slice the whole thing up...)

Not sure how to best handle this although I'm sure other members will chip in in a second with advise.

If you uploaded the layout to a server to test it then maybe something that Adam Web Design was touting about the site that store copies of pages with dates.

You might be able to prove when the page was created....

Good luck anyway

First of all, thanks so much for your reply! I really appreciate it.

I zipped the contents and attached them to an e-mail, so the buyer has definitely received the originals. I also uploaded a preview, so the website is located online at the moment I am writing this, I can provide PP with a link to the layout in question. Do you think that would help me?

I can provide PP with screenshots of e-mail conversations in which the buyer states that he has received the layouts, and that they ended up in his trash box, in addition he apologizes for biting my head off. Yes, this was all said in an email I received from the buyer. Seconds later, I log into my PP account, and see that he has filed a complaint.

Adam Web Design?

EDIT:
I cannot believe this. When I choose "resolve case" i get this: http://img144.imageshack.us/img144/5759/omfgqx1.jpg
http://img170.imageshack.us/img170/8113/omfg2zc1.jpg
Asking me for tracking number? What the hell is that?

Also found this at a website forum http://forums.digitalpoint.com/showthread.php?t=329630

If you sold the site as a service, forget your money. However if you sold it as "GOODS", then there is high chance that you get it back.

HOWEVER, PP terms of use:

13.8 Claims Eligibility. In addition to the other limitations called out within this Agreement, the following limitations apply to Claims:

c. Claims must be for payments for tangible, physical goods that can be shipped, and not all other payments, such as payments for intangibles, for services or for licenses and other access to digital content. For purposes of eBay items, motor vehicles and Live Auctions are not covered.

She means me. And she means http://web.archive.org . If you can prove that the layout you sent him is being used, or has been used, at some point, then you can prove the transaction did indeed take place and that you're entitled to your money.

What I would suggest you do is withdraw the funds. They can't gather the money back if you don't have it.

Your big issue is that you used PayPal as an escrow service. PayPal is an eBay company, and eBay is known for attempting to operate under its own set of rules. I wouldn't be surprised in either event (i.e. the claim being rejected or the claim being accepted.) This may also be one of those instances where PayPal uses Internet merchant standards (i.e. burden of proof falls on the merchant...in this case you.)

In any event, I don't really like your odds.

Thanks for the reply again. I really appreciate all help I can get

Dang, this doesn't sound good. I just can't believe my ears.

I did withdraw them before the dispute began. But if I lose the claim I still have to pay up ... Either way I lose.

escrow service? What does that mean?

I can provide a link to the uploaded layout, I can provide screenshots of the email containing the attached zip file with the layout I sent to the buyer. But that's really all ... I don't know what else to do

I am thinking about emailing the buyer, asking him to close the claim, in exchange for a completely new layout. I really cannot afford to lose these money! If it takes yet another 10 hours of work then so be it, I just need the money. What do you think of this idea? Should I offer a new layout or should I reply to the claim and cross my fingers, hoping to win the dispute? I have extremely little experience with these kind of things, I have never had any dissatisfied customers before.

Well, either way I need to reply to the claim, as they are requiring my action. The confusing thing is, when I click the resolve button I get this: http://img144.imageshack.us/img144/5759/omfgqx1.jpg

How can I provide tracking information (whatever that is) when I e-mailed him the layouts? This means i can't even reply to the claim as they are requesting a tracking number and shipping company. This is ridiculous!

Any ideas on how to proceed? How do I reply to the claim and what to tell them? I only have 2000 characters to spend and need to convince them I did nothing wrong.

***

PayPal Terms of Agreements are confusing:

Buyer Complaint Policy states:
The Buyer Complaint Policy only applies to payments for tangible, physical goods which can be shipped, and excludes all other payments, including but not limited to payments for intangibles, for services or for licenses and other access to digital content. In addition, items prohibited in the PayPal Acceptable Use Policy are ineligible for coverage.

PayPal Buyer Protection Policy states:
The item sold in the listing must be a tangible, physical item or good which can be shipped. All other items are ineligible for PayPal Buyer Protection coverage, including but not limited to intangible goods, services, quasi-cash, gift certificates, and downloadable or streaming content.

Seller Protection Policy states:
The Seller Protection Policy does not cover:
Intangible goods, services and sales or licenses of digital content. Only the sale of physical goods is covered.

Who is covered, the seller, the buyer, or no one?! Who wins the claims? I've never heard of the seller winning a claim, how come the buyer is able to win a claim when intangible goods are involved, isn't this against PayPal's TOA?

huh?!

Shipping Results -
We were unable to determine the status of your package. Please contact the shipping company directly for more information.
Carrier:NON-TANGIBLE ITEMTracking Number:intangible service/website design

"However if you sold it as "GOODS", then there is high chance that you get it back."
"Only the sale of physical goods is covered."



--
That doesn't seem to be true either..
There were issues with paypal mentioned on tv and probably on some sites. As buyer buys an item, claims it doesn't work to paypal, then paypal takes the money from the sellers account etc. to give back to the buyer. Then the buyer refuses to send the 'faulty' item back to the seller, so they end up with their money and the item.

I would make a complaint about the buyer to paypal, and post that he is a scammer, but I don't know if it would get anywhere.
As what you did is a service :/

I emailed resolution@paypal.com concering the whole deal btu haven't received a response for several days! I have also replied to the dispute and pp is reviewing the case.

I did state thetrade was for intangible goods but I guess since they havent replied yet, Im losing it.

After being stung by paypal for several hundred £'s, we now proceed to use Nochex. So far we've had a much better experience with them

All to have write is virtual item, where it says how you shipped it. That's about it