Trouble with e-bay item.

FrenchieBoy

Well-Known Member
I have just bought what was supposed to be a new smartphone off e-bay. The description reads as follows: (Copied and pasted directly off the e-bay advert so there is no chance of alteration in the wording on my part)
Condition: New: A brand-new, unused, unopened and undamaged item in original retail packaging


When the phone arrived yesterday it was pretty obvious that it was not brand new but pre-owned and in very poor condition with bad scratches and chips all over the phone and no sign of any original retail packaging. I contacted the seller and said that I was not the slightest bit happy and wanted to return it and have a full refund. The sellers replied saying that they would not allow me to return it but would give me a £5.00 refund because of the scratches etc (So they are admitting that they accept it is scratched and chipped?)
They will not give me a return address to send it to nor will they discuss what they are prepared to do about the return postage as the description is very clearly wrong. Judging by the reply I would have to hazard a guess that the seller is Chinese but based in Gainsborough.
I should add that I paid for it by Pay-Pal - Can I get the payment refunded by Pay-Pal and if so how?
What should my next step be?
 
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Mulac

Well-Known Member
Post a complaint in the eBay Resolution Centre which at least gets your issue officially recorded in the eBay system.

Calum
 

Frank Homes

Well-Known Member
As Mulac says lodge a complaint' it will drag on for a bit but eventually you should get a refund. My experience is that ebay favours the buyer in these sorts of disputes.
Good luck

F
 

Pine Marten

Well-Known Member
Did he list the item as - returns accepted?
That only applies to voluntary returns because you changed your mind. Not to returning goods because they're faulty or not a described, which is just your statutory consumer rights and can't be opted out of contractually. It's no different from buying something in a shop.
 

aris

Well-Known Member
That only applies to voluntary returns because you changed your mind. Not to returning goods because they're faulty or not a described, which is just your statutory consumer rights and can't be opted out of contractually. It's no different from buying something in a shop.
I think this only legally binding if the person selling is a trader. I'm not sure if FB bought from a trader or a private person - but either way, eBay's terms of service apply to both - so eBay will back you up all the way if you can provide good pictures of the product not being as described.
 

daigriff

New Member
When you log the disputes in eBay, they will contact PayPal who will put a hold on the money in the Sellers PayPal account. You should send a final message to the seller pointing to the eBay Money Back Guarantee. EBay s usually resolves the issue within 2-3 days


Sent from my iPhone using Tapatalk
 

Defender 130

Well-Known Member
Log in to ebay

go to resolution centre which can be found under the help and contact link

select i received an item not as described and then continue through the steps from there

Take photos showing all scratches etc which show it clearly as second hand and used

After your initial email even if you get a reply refusing to have it back you need to stick to the ebay timeframe and after something like 7 or 8 days you can upgrade your dispute to ebay customer services who will look at your report, sellers reply and most importantly your photos showing it as used, they will then provide you with a postage label to print along with the sellers address at the sellers expense

Print and post it off which should always be tracked (ebays provided label should be) once ebay can see it on its way they usually refund even before it has arrived with the seller

If you keep it polite and factual and seller gets abusive they may even just refund without you having to return it, doesnt happen often but does occasionally
 

FrenchieBoy

Well-Known Member
OK guys, here's an update. I spoke to e-bay resolutions centre and they advised me on starting a dispute. They also said to upload some photos. Both of these I had already done.
In answer to a question asked in this thread - No the seller did not say that they did not take returns - It would have made no difference even if they had as they clearly advertised the item as Brand New and Unused which it obviously wasn't and when e-bay resolutions centre saw the photos they agreed immediately that I should be able to return the item and receive a full refund.
Everything now rests on waiting for a reply from the seller.

p.s. Defender 130 - I have been and will remain perfectly polite regardless of how the seller wants to try to play things out.

p.p.s. Aris - The seller is a trader - Not that it makes any difference under the circumstances - The description of it being Brand New and Unused was a total lie!
 
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Tuck

Well-Known Member
From my eBay, go to purchases and on the phone in question can't remember the exact wording but I think it's under actions or something like that. It will say return item, open the case and fill in the details explaining why you wish to return for a refund, the seller will have to get back to you before a certain date and then eBay will step in, he hasn't a keg to stand on you will get your money back no problems, when returning the item make sure it's sent through a teachable source as then they can't give you the old, no we havnt received it back etc, a pain in the arse and some sellers are about as straight as a fly rod. But you are protected. Remember to leave them some great feedback .
 

aris

Well-Known Member
OK guys, here's an update. I spoke to e-bay resolutions centre and they advised me on starting a dispute. They also said to upload some photos. Both of these I had already done.
In answer to a question asked in this thread - No the seller did not say that they did not take returns - It would have made no difference even if they had as they clearly advertised the item as Brand New and Unused which it obviously wasn't and when e-bay resolutions centre saw the photos they agreed immediately that I should be able to return the item and receive a full refund.
Everything now rests on waiting for a reply from the seller.

p.s. Defender 130 - I have been and will remain perfectly polite regardless of how the seller wants to try to play things out.

p.p.s. Aris - The seller is a trader - Not that it makes any difference under the circumstances - The description of it being Brand New and Unused was a total lie!
Be sure to follow the return directions to the letter. I've been stung before - returned an item, seller said he did not get it. Seller should pay for recorded delivery to return to you.
 

Psyxologos

Well-Known Member
OK guys, here's an update. I spoke to e-bay resolutions centre and they advised me on starting a dispute. They also said to upload some photos. Both of these I had already done.
In answer to a question asked in this thread - No the seller did not say that they did not take returns - It would have made no difference even if they had as they clearly advertised the item as Brand New and Unused which it obviously wasn't and when e-bay resolutions centre saw the photos they agreed immediately that I should be able to return the item and receive a full refund.
Everything now rests on waiting for a reply from the seller.

p.s. Defender 130 - I have been and will remain perfectly polite regardless of how the seller wants to try to play things out.

p.p.s. Aris - The seller is a trader - Not that it makes any difference under the circumstances - The description of it being Brand New and Unused was a total lie!

I just saw your reply. If you need any help call me. I will walk you through and even send you pms with exactly what to write. I would not be at all concerned. Paypal ALWAYS pay.
 

FrenchieBoy

Well-Known Member
The seller is refusing to take part in any communications with me so it looks like it will have to be escalated on the 8th December by E-Bay, I will contact them when the date comes to get further advice from them.
Just out of interest here are a few photos of the (Claimed to be Brand New and Unused and in Original Makers Packing) phone, you judge for yourselves and decide if I have a valid claim:
003.JPG004.JPG006.JPG007.JPG008.JPG
Edit: Just noticed - On the first and second photos the camera lens on the back of the phone doesn't look right!
 
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deerstalker.308

Well-Known Member
Well there's really no doubt there!! Best of luck sorting it, between eBay and PayPal I'm sure you'll come out of this ok. Be patient and don't panic.
 

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