Buyer not happy with item

wah3344

Buyer received mobile phone which I sold as new - but did mention box opened to check contents and get unlocked.

Now they say its faulty (apparently had it checked by a phone shop)!
I emailed back saying that I used it for two days and it was fine.

Now they have made a 'item not as described' claim.

Any ideas how this worked and whether I will be forced to pay the money back?
Phone was working (as tested) so they are either running a scam or the shop damaged it.

Person says they will use my email to prove it was not new. I only used it to test and did not like the shape (Nokia 7600) so sold it. There was only one call made (to the Virgin customer services to test phone).

Any help would be useful as I am not sure if eBay protect sellers as well as buyers.

Thanks

soolin

If you sold an item as brand new but then in an email mention that it was fine when you used it for a couple of days, I think the buyer may well be able to prove the item was not as described. If you hadn't mentioned using the phone or making a test call then I think the buyer might have had problems proving the phone was not as described.

I would expect a brand new item to be just that, never used amd I think you may well have proved the buyers point for him in your email.

If the buyer paid by paypal then paypal may well pull funds from your account to repay him. If you don't have funds in your account then they will put a hold on your account and pull the next lot of money that hits it. This of course means that if you stop using your paypal account paypal are unlikely to be able to claw back the money from you.

If the buyer paid by any other means then he would have to sue you for the money, which is usually quite inpractical. In that case the worst you can expect is a negative.

Having said all that, if you decide to take the phone back for a full refund and claim back from the original supplier yourself, make sure you get the same phone back that you sent out. Hopefully you kept all the unique identifying numbers like the IMEI number? If you are happy to deal with the original supplier yourself then make sure the buyer knows you expect the phone back before you will refund his money, otherwise you could end up losing the money and the phone.

Soo

RACHIE77

Ebays description of 'New' is as follows:

Item Condition
Items described as "new" or "used" help buyers and sellers understand more about item listings.

Guideline for describing an item's condition as "new"
An item can be listed as new if it's unused, fully functional and has no signs of damage or wear.

Tip
The guideline is generally, but not always, applicable when determining an item's condition. Sellers should always be as specific as possible when describing items as it will encourage prospective buyers.

To improve your listings you could:

State whether or not the item will be posted in its original packaging, and if it has ever been opened.
List all manuals, accessories and additional documents that will be dispatched with the item.
State the item's model year, series, season or edition.
Note if the item has a valid warranty that can be passed on to the buyer.
Let the buyer know if the item has been exhibited in a shop or show, or has been used to demonstrate a product.
Note if the item has an expiry date.
Explain whether shop tags are still attached (for example, in Clothes, Shoes & Accessories).
List any certificates that will be provided with the item (for example, in Jewellery & Watches).

Buyers should read the item description carefully. If you have questions, please contact the seller and ask for additional details.

***

Nots ure if this helps or not but this is what pops up when you click on the word 'condition' (underlined) in the mobile phone description

Rachie

heathen

i agree with soolin,you describe phone as new(only opened box to check & unlock)than u mentioned using for 2 days,this contradicts your listing.i would expect this item to be described as (good as new only 2 days old,unmarked etc)if you got it from amazon(like most people for £40)a few people have had trouble with e-bay buyers complaining of receiving used phones(return to amazon).my sales have been ok so far.i agree with you about the phones styling very poor,was gonna keep one for myself till they arrived then i didnt bother(very ugly)

Jumanji_2

To be honest ebay don't do anything. I purchased a phone for my partner last year. Apparently in perfect working order!! We got it and the backlight didn't work, took it into a phone shop who confirmed that it had water damage!

Reported it to Ebay AND Paypal and all they told us to do was join SquareTrade to try and sort it out! Over six months later and we haven't heard anything else or received any money back.

biblejohn

If the phone you sold was new then it must have got damaged in the post. Id put a claim in with the posting company.

If it was faulty from new then it will have the manufactorers warrenty and the person can take it back to an approved shop and get it fixed for free.

babysaver

I sold a used webcam on e-bay a few weeks as I had upgraded and then got an e-mail from buyer saying it didn't work. I got a second e-mail saying that it was incompatible with his PC.

I replied asking what his PC specs etc were but he didn't reply - I've now got another e-mail telling me he's returned the cam and wants a refund!

Does anyone know where I stand with this? The advert clearly stated it was used and if it's not compatible that's not really my problem but now he's saying he's returned it. My feedback is 100% just now and I'm a bit p****ed that he'll be able to leave negative feedback just because the webcam didn't suit his PC!!!

Jonni2bad

Let him !!

One negative feedback on an otherwise unblemished record will not put anyone off, especially if you add a short note to it explaining why..

If it comes back to you, wait for their next email, explain you will not refund as it works fine and is exactly as described etc, and if they want you to send it BACK to them, get them to pay the postage costs first. If they want a refund, tell them to stick it!

Stand up for yourself against idiots who think they can hold something over you with the threat of a neg :mad:

babysaver

Thanks Jonni2bad!!

I've e-mailed the guy to ask why he returned it without agreeing with me first - don't think my positive feedback is worth refunding his money so I'll just live with it!

I recommended he list it on e-bay himself if it's not compatible

s30jok

wah3344 wrote:

Buyer received mobile phone which I sold as new - but did mention box opened to check contents and get unlocked.

Now they say its faulty (apparently had it checked by a phone shop)!
I emailed back saying that I used it for two days and it was fine.

Now they have made a 'item not as described' claim.

Any ideas how this worked and whether I will be forced to pay the money back?
Phone was working (as tested) so they are either running a scam or the shop damaged it.

Person says they will use my email to prove it was not new. I only used it to test and did not like the shape (Nokia 7600) so sold it. There was only one call made (to the Virgin customer services to test phone).

Any help would be useful as I am not sure if eBay protect sellers as well as buyers.

Thanks

i would check your phones IMEI number have you got a note of this (it will be on your original till recepit) then ask him the buyer to tell you the IMEI number you can get this by keying in *#06# into the phone, it sounds like he has the same phone as you however his does'nt works and yours does. and he has kept your phone and is trying to return his broken one to you.
a classic scam this, a lot of people do this with the big department stores, buy an identical product to something they have broken put the broken item back into the new box take it back and hey presto they have their money back and a new item too!

payless

Was it unlocked and/or reset - do you and/or the buyer know the difference?

could this be the problem?