Sold an iphone , goes wrong 35 days later and they want a refund ?

theonlywayisup

stone7 wrote: »

HERE is the link. You've been told this before but continue to dole out poor advice.

Why do you do it?

I’m not sure if my item qualifies as “Significantly Not As Described?
An item is Significantly Not as Described if it is materially different from what the seller described in the item listing. Here are some non exhaustive examples of what would be considered to be Significantly Not As Described:
You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
The condition of the item is wrong. For example, the listing said "new" and the item has clearly been used.
The item is missing parts or component and the seller disclose this in the listing (e.g., camera kit was supposed to include a tripod, but you didn't receive it).
Item defective during first use: The first time you tried to use the product, it didn't work (e.g., HDTV did not turn on).
The item is a different version or edition than the item displayed in the listing.
The item was described as authentic but isn't.
The item is missing major parts or features, and this was not disclosed in the listing.
You purchased three items from a seller but only received two.
The item was damaged during postage.
Some examples of what wouldn't be approved:
The defect in the item was correctly described by the seller.
You refused to accept delivery of the item.
The item was accurately described but you didn't want it after you received it.
The item was accurately described but didn't meet your expectations.
The item has minor scratches and was listed as used.

People with rose tinted glasses only see what they want.

Firstly this is an ebay link.

It gives the buyer leeway in the opening couple of lines....here are some NON exhaustive examples....

Of course, most mildly educated people will realise that not all examples can be given. But as the buyer has 45 days to dispute an item - sold as working - and then isn't, the buyer will always be asked to return the item for a refund.

Paypal are much more defined in their conditions and give clearer examples.

13.9 What is Significantly Not as Described (SNAD)?

An item is Significantly Not as Described if it is materially different from what the Payment Recipient described in the item listing. Here are some non-exhaustive examples:

You received a completely different item. For instance, you purchased a book and received a DVD or an empty box.
The condition of the item was misrepresented. For instance, the listing said “new” and the item was used.
The item was advertised as authentic but is not authentic.
The item is missing major parts or features that were not disclosed in the listing.
You purchased 3 items from a Payment Recipient but received only 2.
The item was damaged during postage.

Now, you wouldn't assume that as you had bought a DVD and received a book that you couldn't claim. Examples in conditions are just that. You need to read them in context and in full.

A buyer has 45 days to submit a claim for SNAD. If a buyer purchases a working item and it isn't working on day 7, then the item isn't as it was described. It is not for Paypal to establish if the buyer used the item during the first 6 days.

As techspec points out, there was a case on here which seemed to buck that 100% ruling, but alas on further investigation the seller had refunded BEFORE the case was dealt with by Ebay/Paypal as both buyer and seller had found a resolution of a part refund.

Dom29

Hey , so theyve opened a paypal claim , ive put in the case that i have recieved the item and it is in fully working order , should i now escalate this case to paypal so they can read what i have put ? thankyou

pulliptears

Dom29 wrote: »

Hey , so theyve opened a paypal claim , ive put in the case that i have recieved the item and it is in fully working order , should i now escalate this case to paypal so they can read what i have put ? thankyou

If they have opened the claim now there is little you can do, they have sent it back tracked so can prove you have it. You really will have to refund now, its just up to you when you do it and how far you let the dispute process go.

Irn-Bru-Kid

Dom29 wrote: »

Hey , so theyve opened a paypal claim , ive put in the case that i have recieved the item and it is in fully working order , should i now escalate this case to paypal so they can read what i have put ? thankyou

If it were me and I believed that they had messed about with the phone, I would drag the case out as long as I could.

They can't neg you, but just make sure you settle before paypal do. You will have to refund, but I would mess with them first.

Dom29

Hey , just thought id let everybody know paypal took the buyers side as per.

Thanks for all your comments

pulliptears

Dom29 wrote: »

Hey , just thought id let everybody know paypal took the buyers side as per.

Thanks for all your comments

At least the phone is the same one you sold and is working, take consolation from that I'd say.

Oh and dont forget to block your buyer so they never win anything from you again

theonlywayisup

Dom29 wrote: »

Hey , just thought id let everybody know paypal took the buyers side as per.

Thanks for all your comments

A lesson learned for those spouting the [incorrect] t&c of PayPal. Perhaps it may make them read things in context and look at the whole picture.

At least you have the phone back. Better luck next time around.

sillybilly2011

Just for the record, paypal doesn't always take the buyers side. I received a faulty iphone with a broken charger and I emailed the seller which he replied 'he sent it in perfect condition and would not take a refund'. Contacted paypal, started a dispute. Sent it back special delivery. Next day he won the case and i lost my money! I have been a member of paypal for years and never had a dispute before and he won and paypal state they cannot tell me why. Learned my lesson. Never buying from ebay again.