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Item(N95 8G) used but described as 'Brand New, Never used'

Item(N95 8G) used but described as 'Brand New, Never used'
I won an item N95 8G and received it today, but it is not as described significantly.
It was used but described as 'Brand New, Never used'.
I have checked its lifetimer and it displayed:
Lifetimer:
000000:57
This means it's been used for 57 minutes either recieving or sending phone calls.
I also checked its warranty info which indicates its warranty starts from 2-03-2008.
Its accessories are all used not sealed.
So obviously this item is used and not brand new. Whant should I do? Return it back? If so, I will have to pay the
postage and maybe the postage the seller has paid will not be refunded.
Can anyone give some advice how i should do? Many thanks.
«1

Comments

  • Scarlett.1974
    Scarlett.1974 Posts: 2,765 Forumite
    Just a thought, but could that timer be seconds, not minutes perhaps? Maybe the seller just turned it on to check it was fully working?

    What's the seller's feedback like? :)
    You can't control everything in life....... your hair was put on your head to remind you of that :p

    Proud to be BSC no. 103
  • sysboy
    sysboy Posts: 222 Forumite
    Just a thought, but could that timer be seconds, not minutes perhaps? Maybe the seller just turned it on to check it was fully working?

    What's the seller's feedback like? :)

    It does mean minutes.

    The seller has about 80 100 positive feedbacks.

    Obviously it is not brand new. It is a little dirty in appearance.
  • harveybobbles
    harveybobbles Posts: 8,973 Forumite
    I bought a book from ebay which was described as "used" turned out to be hideous!
    I moaned at the seller, who then admitted it "was a little dog-eared..."
  • Bromley86
    Bromley86 Posts: 1,123 Forumite
    Can't see why you wouldn't receive the seller's postage back if you did claim.

    Is it worth the postage to return it (trackable) to you, as well as the hassle? If yes then go for it. If not then just leave neutral/neg feedback, although you should give the seller a chance to make it right first. Don't mention feedback in that mail though as that can get you feedback removed.

    Personally, assuming you made a reasonable saving on the new price and can live with the dirty appearance, I'd either not leave feedback or leave positive - I was very happy with my second hand phone. But then I have a nephew who doesn't like second hand PS games as presents (when he's offered the cash difference), so to each their own.
  • richto
    richto Posts: 821 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Did it state it had a full years warranty? If not then thats not relevant.

    Your issue is that its not new. However 57 minutes use is very nearly new. I would say that is not an outragously significant difference. Although you might well win a paypal claim if you can be bothered.

    Ask them for a small refund to cover cleaning it?
  • sysboy
    sysboy Posts: 222 Forumite
    richto wrote: »
    Did it state it had a full years warranty? If not then thats not relevant.

    Your issue is that its not new. However 57 minutes use is very nearly new. I would say that is not an outragously significant difference. Although you might well win a paypal claim if you can be bothered.

    Ask them for a small refund to cover cleaning it?

    Thanks. The following pics is the N95 8G I have got as 'Brand New, Never used'
    Its accessories are all used not brand new or sealed. In addition, there are some small scratches on the back of the phone and it is a little dirty.

    2.jpg
  • ArmitageShanks
    ArmitageShanks Posts: 1,905 Forumite
    Did you get it for a good price?
  • superjaggybunnet
    superjaggybunnet Posts: 1,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Not a very good picture.

    I can't see any detail.

    How much did you get it for?
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    £200 to £250 is the going rate

    and for that i would expect it to be clean and the accesories to be brand new and unopened , the thing is with the phone it`s liklely the seller has tried to flog it off ebay first so it would have been handled and tested etc by potential buyers
  • sysboy
    sysboy Posts: 222 Forumite
    Dispute opened.

    The seller has offered to provide a full refund once you return the item in its original condition.

    You are responsible for postage and packing costs associated with returning the item.

    It is unfair I think. I have paid the full payment, but what I have reveived is a used at least 2 months phone.
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