Help!.. fell for misleading item.. best course of action??

soarf

I was searching for a 'galaxy nexus' phone on ebay, and spotted a supposed bargain in the early hours, snapped up a phone. My brain haze focused on the big 'galaxy' word over the tiny 's'. Yes, come to open it.. !!!!, it's a 'nexus S' (different phone). It was listed as 'galaxy nexus s'.. note there is no 'galaxy' in the name of the 'nexus s', and the only photo was the front with it off, where it looks very much like the galaxy nexus.

The seller has 100 feedback at 100%, it was a BIN, and i (over)paid with paypal. I have received the item, but haven't opened the box. it was listed as no returns, and he does not appear to be a business seller.

What is my best course of action?
Should i file a claim on ebay? return payment on paypal? or contact the seller?? I'm a bit gutted that i will probably lose the shipping costs, but would much prefer to do this than keep it for what i paid. What is the safest course of action for me to undo this purchase? I really don't mean to be a bad ebayer, but i really can't afford to keep this at this price, and do believe the listing was genuinely misleading (although not necessarily intentionally).

soarf

I should perhaps add that the value was a bit over £150 as IIRC this can be relevant with the various protection schemes.

cocopops21

You should contact the seller. Most are happily willing to refund upon receiving the item back.

vuvuzela

If they won't refund, then resell it. Recent sales are around the 175 mark. http://www.ebay.co.uk/csc/Mobile-Smart-Phones-/9355/i.html?_nkw=galaxy+nexus+s&LH_Complete=1

soarf

I guess i would have to pay shipping both ways if dealing with the seller? I guess i would have to send it back signed for too. Do i have any recourse if the seller is not co-operative?? 'galaxy nexus s' is just as much galaxy nexus as nexus s.

@vuvuzela it was slightly damaged (which was declared and i was fine with if it were the galaxy nexus), so i wouldn't get £175.. not to mention fees.

sam.4000

See what the seller says, say you bought a galaxy nexus and are very unhappy that it was a nexus not a galaxy as advertised in the title and their description and you would not have bought a nexus and you want to return it for a full refund. If seller in unhelpful go for a SNAD dispute and say that from their advert the item is called a Galaxy nexus in the title and their description and it is actually a different phone a nexus.

sham63

Agree with Sam's advice above - if the seller doesn't cooperate I'm sure you'd win a SNAD case. However, you'll have to pay for the return using special delivery. If the seller doesn't volunteer to cover this cost I'd consider a neg.... but hope it doesn't come to that!

preable

Yup as said above just contact the seller as most are happy to refund if not just open a SNAD case.

Crowqueen

In returning it, for that value, even if you have to fight your corner and the seller does not refund return postage, Special Delivery is well worth getting most of your money back.

soarf

I sent roughly what sam.4000 said, now just waiting for the response. (when do i send a SNAD dispute if i get no reply.. a couple of days?)

Would i need to send it special delivery, or just some form of signed for??

sam.4000

soarf wrote: »

I sent roughly what sam.4000 said, now just waiting for the response. (when do i send a SNAD dispute if i get no reply.. a couple of days?)

Would i need to send it special delivery, or just some form of signed for??

You MUST send it SPECIAL DELIVERY as this service is guarenteed to track, do not use recorded as this often does not track and is only valid for items worth upto £46. Speical delivery is expensive but it's much better to pay for a service that works than too lose £150.